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Guide to Doing German Legal Research in the IU Law Library
I. Introduction

The researcher of German law will find a large collection of both secondary and primary source material in the Law Library. In addition, a large amount of German legal information is now available via the Internet. Anyone contemplating German legal research should bear in mind that in-depth analysis will require knowledge of German. This applies both to printed and electronic sources. However, some introductory commentary is available in English, and selected statutes are available in English as well. The final two sections of this research guide will summarize the sources available to those who wish to do their work entirely in English.

II. Enacted Law

a. Introduction

Germany is a civil law jurisdiction, meaning that it traces its legal culture back to the law of the Roman Empire. Enacted law is the fundamental source of German law. The most important form of enacted law is the statute (Gesetz), but it may also be created by administrative regulations (Rechtsverordnungen), adopted pursuant to an authorizing statute.

The most important statutes are the subject codes (Gesetzbuch or Ordnung), which attempt to regulate entire areas of law in a coherent and integrated manner. The most important codes are the civil code (Bürgerliches Gesetzbuch), the commercial code (Handelsgesetzbuch), the code of civil procedure (Zivilprozessordnung), the criminal code (Strafgesetzbuch), and the code of criminal procedure (Strafprozessordnung).

The civil code came into effect in 1900, and covers the principal areas of private law, i.e. the law of obligations (contracts and torts), property law, family law, and the law of succession. It took over 25 years to draft, and attempted to compile and harmonize both Roman and customary principals for the newly unified German Reich. It has been amended many times (especially the sections on family law), but remains the principal edifice of German law. It is both structurally and substantively complex, requiring formal techniques of exegesis.

In Germany, the constitution, or basic law (Grundgesetz), is also a statute. An accompanying statute sets up the constitutional court (Bundesverfassungsgericht); however, the court is entrenched in the basic law, as is the power of binding judicial review in some cases. This fact,and the fact that some articles of the basic law may not be amended, are exceptions to the general principle of legislative sovereignty, which is fundamental to civil law systems.

Germany is a federal state, and powers not reserved exclusively to the national parliament may be exercised by the state legislatures. The Law Library does not collect German state law, but some state material is available on the Internet.The following list includes sources, both official and unofficial, in which enacted law may be found in the Law Library.

b. Printed Sources of Federal Enacted Law

  • Bundesgestezblatt. Ministry of Justice, 1949-. This is the official gazette for the publication of German statutes, analogous to the U.S. Statutes at Large. It comprises a chronological compilation of federal laws. Part I contains statutes, regulations, codes, and EC regulations. Part II (1951-) includes treaties, agreements concluded with East Germany before reunification, and customs regulations. Part III (1958-1963) collects all laws that were in effect at the time the Federal Republic of Germany came into existence. There are annual subject indexes in microfiche, and consolidated, printed indexes to Parts I and II through 1990. Microfiche
  • DeutscheGesetze: Sammlung des Zivil-, Straf-, und Verfahrensrecht, 71st ed. (Munich: C.H. Beck, 1990- .) Loose-leaf. Generally known as Schönfelder. Most commonly used collection of civil and criminal statutes currently in effect. Includes table of contents and subject index. KK36 .G47 1990
  • Verfassungs- und Verwaltungsgesetze der Bundesrepublik Deutschlands: Textausgabe, 58th ed. (Munich: C.H. Beck, 1992- .) Loose-leaf. Generally known as Sartorius . Most commonly used collection of constitutional and administrative statutes. Includes table of contents and subject index. KK4420 .A25 1992

The following sources are of purely historical interest.

  • Reichsgesetzblatt. (Reichsverlagsamt, 1871-1945.) Predecessor to the Bundesgesetzblatt. Published in two parts. Part I includes all statutes and regulations, as well as a comprehensive annual subject index. Library has 1930-1945. Located in Rare Books Collection. KK8 1930-1945
  • Military Government Gazette, Germany, United States Area of Control. (Office of Military Government, 1947-1949.) Includes laws adopted by the military government in the U.S. zone of occupation, 1947-1949. KK4932 .M5
  • Gesetzgebung der alliierten hohen Kommission in Deutschland mit Gesetzgebung der drei Besatzungsmächte. Reinhard Anders, ed. (Karlsruhe: C.F. Muller, 1950- ). Includes laws of the Allied High Commission, as well as the laws of the military governments of the three western zones of occupation. Covers the period 1950-1953. In French, German, and English. KK4925 .A2
  • Dokumente zur deutschen Verfassungsgeschichte, 3rd ed. Ernst Huber. (Stuttgart: Kohlhammer, 1978 -. ) This five volume collection contains documents related to the constitutional development of Germany, 1803-1933. Vol. 5 comprises a detailed index. KK4455 .H83
  • Dokumente zur neusten deutschen Verfassungsgeschichte. Heinrich Wilms. (Stuttgart: Kohlhammer, 2001 -.) This multi-volume collection will contain documents related to the constitutional development of Germany since 1933. Only one volume published to date. KK4455 .H83

Statutes are cited by official title, together with date of promulgation, and volume and page number of the official gazette in which the law was published, e.g. Gesetz über Aktiengesellschaften und Kommanditgesellschaften auf Aktien vom September 6, 1965 (BGBl.IS.301) [i.e. Bundesgesetzblatt, Part I, p. 301]. Statutes may also be cited by their short form, e.g., Aktiengesetz v. 6 Sept. 1965 (BGBl.IS.301), and are often referred to by their abbreviated form, e.g., AktG. To determine the full title of a statute from its abbreviation, one should use a dictionary of legal abbreviations. The Library has the following:

  • Abkürzungsverzeichnis der Rechtssprache, 5th ed. . Hildebert Kirchner and Cornelie Butz. (Berlin: Gruyter, 2003) K50 .K5 2003

c. How to Find a Printed Statute

There are various indexes to German legislation. Deutsche Gesteze and Verfassungs- und Verwaltungsgesetze, mentioned above, include fairly detailed subject indexes to the statutes included in those collections. In addition to these indexes, the researcher will find useful citations in:

  • Recht der Gegenwart, 31st ed., Johann Mühlberger, ed. (Munich: Vahlen, 2005 -). Detailed subject index to German statutes, providing citations to current law, and to all amendments. KK27 .R43 2005
  • Martindale Hubbell International Law Digest. (New Providence, NJ: Martindale-Hubbell, [year].) The digest on German law in this annual publication provides references to code and section numbers. Law Reference KF190 .M376 [year]
  • Foreign Law: Current Sources of Codes and Legislation in Jurisdictions of the World, by Thomas H. Reynolds and Arturo A. Flores (Littleton, CO: Rothman, 1989- .) Looseleaf. The entry for Germany provides citations to statutory provisions by subject. Law Reference K38 .R49 1989

Legal dictionaries are another important source for finding citations to applicable statutes. The Library has the following:

  • Wörterbuch für Recht, Wirtschaft und Politik: mit Erläuterungen und rechtsvergleichenden Kommentaren, 5th/6th ed., by Clara-Erika Dietl, et al.. (Munich: C.H. Beck, 1990.) In two volumes, volume one English to German (2000), vol. 2 German to English (1990). Each definition provides references to applicable statutory provisions. Law Reference K52 .G4 D54 1990/2000
  • Rechtswörterbuch, 18th ed., by Klaus Weber, et al. (Munich: C.H. Beck, 2004.) This source contains detailed entries, comprising short articles discussing amendments, cases, and applicable regulations. KK56 .R43 2004

For information on German treaty law, as well as citations to sources of German treaties and diplomatic documents, the researcher should consult the following:

  • Sources of State Practice in International Law. Ralph Gaebler and Maria Smolka-Day, eds. (Ardsley, N.Y.: Transnational, 2001 -.) The chapter on Germany contains citations to sources of publication for treaties and diplomatic documentation indicating German customary practice in international law. KZ64 .S67 2001
  • National Treaty Law and Practice: France, Germany, India, Switzerland, Thailand, United Kingdom. Monroe Leigh and Merritt R. Blakeslee, eds. (Washington, D.C.: American Society of International Law, 1995) The chapter on Germany contains a discussion of treatymaking procedures in Germany. K3342 .N38 1995

d. Sources of Federal Enacted Law on the Internet

The following Internet sites provide free access to the Bundesgesetzblatt.

  • Bundesgesetzblatt (official version). Bundesanzeiger Verlag, 1998 -. This site provides access to a read-only PDF version, provided by the publisher of the official print/electronic version. The researcher can do screen-prints, using WordPad or Notepad. No index.
  • Recht für Deutschland. Makrolog , 1998 -. This site provides access to a read-and-print version, but requires registration as user. No index.
  • Bundesgesetzblatt (unofficial version). Institut für Rechstinformatik, Universität des Saarlandes, 1990-1997. This site provides access to an unofficial version of the Bundesgesetzblatt, not in PDF format. Statutes are retrievable by citation, fulltext search, and systematic index.

The following Internet site provides free access to an unofficial consolidation of statutes currently in effect.

  • Gesetze im Imternet. Bundesministerium für Justiz. Statutes are accessible by title keyword, alphabetically, and by full-text search

e. Sources of State Enacted Law on the Internet

Parlamentspiegel. Landtag Nordrhein-Westfalen, 1994 -. This site provides access to the official gazette of each state, except Saarland, in PDF format. In most cases, the official gazette includes both statutes and regulations. Search criteria include date, keyword, subject term, state, subject area, and document type. (The database also includes bills, committee reports, and other legislative documents.)

III. Commentaries

a. Introduction

Commentaries provide a section-by-section analysis of particular statutes, with extensive footnote references to primary source material, such as court decisions, related subordinate legislation, and applicable European Union provisions. Footnotes also cite extensively to articles, books, and other sources of additional commentary. Once the researcher knows the statute applicable to his or her topic, he or she will usually begin the research process by reading the relevant portions of a commentary on that statute. Commentaries are available for all federal codifications, but not for all uncodified statutes or for all state statutes.

Commentaries come in several sizes. Multi-volume commentaries (Grosskommentare) provide the most elaborate treatment of their subject. Unfortunately, large commentaries may require many years to complete, and are updated rarely. Small commentaries (Kurzkommentare), usually one volume in length, provide a somewhat less detailed treatment of their subject, but they are updated regularly (every year or two) and are sufficient for all but the most scholarly research projects.

b. Major Commentaries

Grundgesetz commentaries:

  • Grundgesetz Kommentar, 6th ed. Theodor Maunz, Günter Dürig, et al. (Munich: C.H. Beck, 1985 -). Looseleaf. Commentary on the German constitution in four volumes. KK4444.3 .A7 M38 1985
  • Kommentar zum Grundgesetz, 5th ed. Friedrich Klein. (Munich: Franz Vahlen, 2005). This commentary was founded by Christian Starck, and is complete in three volumes. KK4450 .M3 2005
  • Kommentar zum Grundgesetz, 10th ed., by Bruno Schmidt-Bleibtreu and Franz Klein. (Berlin: Luchterhand, 2004). One-volume commentary on the German constitution. KK4444.3 .A7 S33 2004
  • Handbuch des Staatsrechts. Josef Isensee and Paul Kirchhof, et al. (Heidelberg: C.F. Muller, 1987- ). A somewhat broader commentary on the German constitution and its political background, in 10 volumes. Third edition (2003-) currently in publication. KK4450 .H36 1987

Civil Code commentaries:

  • Münchener Kommentar zum bürgerlichen Gesetzbuch, 4th ed. Kurt Rebmann, Franz Jürgen Säcker, and Roland Rixecker, eds. (Munich: C.H. Beck, 2000-2006). This is one of the two best known and highly respected full-size commentaries on the Civil Code. The Library also has the second and third editions. KK985 .51978 .A7 M86 2000
  • Bürgerliches Gesetzbuch, 65th ed., by Peter Basenge, et al. (Munich: C.H. Beck, 2006). The most widely used short commentary on the Civil Code, founded by Otto Palandt, and often referred to by that name. KK985 .51896 .A6 P35 2006

Code of Civil Procedure commentaries:

  • Zivilprozessordnung, 25th ed., by Reinhold Geimer, et al. (Cologne: O. Schmidt, 2005). Short commentary on the Code of Civil Procedure. KK3815 .51877 .A6 Z58 2005
  • Zivilprozessordnung: mit Gerichtsverfassungsgesetz und anderen Nebengesetzen, 64th ed., by Jan Albers and Peter Hartmann. (Munich: Beck, 2005.) Well known short commentary founded by Adolf Baumbach. KK3815 .51877 .A6 A42 2005
  • Münchener Kommentar zur Zivilprozessordnung, 2nd ed., by Gerhard Lüke and Peter Wax. (Munich: Beck, 2000-2001) A relatively new, 3- volume commentary on the Code of Civil Procedure. On Order.

Commercial Code commentaries:

  • Handelsgesetzbuch (ohne Seerecht), 2nd ed., by Norbert Horn, et al. (Berlin: de Gruyter, 1995.) Well known 4-volume treatise on commercial law, founded by Ernst Heymann. Does not include maritime law. KK2045. 51877 .A6 H494 1995
  • Seehandelsrecht: fünftes Buch des Handelsgesetzbuches, 3rd ed., by Dieter Rabe. (Munich: C.H. Beck, 1992.). Maritime law. Not the current edition. KK2256 .A25 1992

Criminal Code commentaries:

  • Strafgesetzbuch Kommentar, 25th ed., by Theodor Lenckner, et al. (Munich: C.H. Beck, 1997). Standard commentary on the Criminal Code. Often referred to as Schönke/Schröder. Not the current edition. KK7975.1 .A62 S36 1997
  • Strafgesetzbuch und Nebengesetze, 53rd ed., by Herbert Tröndle and Thomas Fischer. (Munich: C.H. Beck, 2005). Standard short commentary on the Criminal Code. KK7975 .51871 .A6 D73 2005
  • Münchener Kommentar zum Strafgesetzbuch, by Wolfgang Joecks and K. Greifswald. (Munich: C.H.Beck, 2003 -.) Six volume commentary, currently in publication. On Order

Code of Criminal Procedure commentaries:

  • Heidelberger Kommentar zur Strafprozessordnung, 2nd ed., by Michael Lemke, et al. (Heidelberg: C.F. Müller, 1999). One volume commentary. Not current edition. KK9405 .51877 .A6 L46 1999
  • Die Strafprozessordnung und das Gerichtsverfassungsgesetz. Grosskommentar. 25th ed., by Peter Riess. (Berlin: de Gruyter, 1997- 2005) Eight volume commentary. On Order
IV. Case Law

a. Introduction

Judicial decisions in Germany perform a different function and follow a quite different procedure than that which is found in common law jurisdictions. First, judicial decisions are not regarded as a source of law in Germany. Therefore, there is no doctrine of stare decisis. Another distinctive feature of German case law is the use of lay judges. For example, commercial courts usually are made up of one professional judge and two merchants, appointed for a term of years on the recommendation of the local chamber of commerce. Courts of wider jurisdiction, such as criminal courts, also use lay judges. Finally, criminal trials follow an "inquisitorial" model of procedure, rather than the "accusatorial" or "adversarial" model found in the common law. The most distinctive feature of the inquisitorial model is the role of the judge, whose function is less that of an impartial referee and more that of an active participant.

The German courts are organized into a two-tiered state/federal system, but the federal courts are only supreme courts of appeal. They determine mainly questions of federal law, but may determine questions of state law as well, if authorized to do so by state statute. State courts, which constitute the trial and first appellate levels of review, hear questions of both state and federal law.

Courts of ordinary civil and criminal jurisdiction are the Landgericht (LG), which is the state trial court, the Oberlandesgericht (OLG), which is the state appeals court, and the Bundesgerichtshof (BGH), which is the federal supreme court of appeal. The latter superseded the Reichsgericht (RG), which existed from the 1880s until the end of World War II. The state courts in this hierarchy are grouped into districts, with one or more OLG for each state.

Administrative law is handeled by a different set of state and federal administrative courts, namely the Verwaltungsgerichte, Oberverwaltungsgerichte, and Bundesverwaltungsgericht (BVerwG). Likewise, questions of constitutional law are determined by a special constitutional court, the Bundesverfassungsgericht (BVG), which was established in 1949 by the German Basic Law. Judicial review of legislation is an exception to the formal theory of the civil law, according to which legislation alone is a source of law. Therefore, the BVG is unique in that its decisions are binding in certain cases. The BVG is also unlike the other federal supreme courts in that it has no state counterparts; questions are referred to it by all courts, and by the federal parliament and private individuals as well. There is no "case or controversy" limitation on its jurisdiction.

In addition to these, there are a large number of specialized courts as well, dealing with areas such as patents, employment and labor law, and commercial law.

There are no official case reports in Germany. However, there are a large number of semi-official reports and digesting services. In addition, a number of periodicals provide lengthy, and authoritative summaries of cases from most jurisdictions. Periodical case reports appear much more quickly than the semi-official case reports.

Case reports typically begin with boldfaced headnotes, followed by citations to the legal provisions applied in the decision. These are followed in turn by a case citation, which includes the court, date of decision, initials of the parties (names are not given), and docket number. Following the case citation are the names of the courts that have already considered the case. Then comes a statement of facts, including a statement of all decisions rendered in the case, followed by the court's reasons. German case and statute citations are often difficult to read due to the heavy use of abbreviations, and one should always be prepared to use a dictionary of German legal abbreviations to decipher them. It is also worth noting that there is no standard form of case citation in Germany, and that practice varies from one publication to another.

The Library collects reports of the BVG and of federal courts of general appellate jurisdiction. It no longer collects reports of state courts, although many state appellate decisions are reported in legal periodicals. (See below.)

It bears repeating that case law does not have the same precedential value in Germany that it has in common law jurisdictions. Judicial precedents are persuasive, but no more so than views expressed in commentaries and arguments from logic or analogy. As already mentioned, except in the case of constitutional review by the Bundesverfassungsgericht, there is no doctrine of stare decisis. In theory, there is no reason why the views of any particular court should be accorded greater weight than those of another, possibly from another jurisdiction altogether.

b. Semi-Official Case Reports

  • Entscheidungen des Bundesgerichtshofes in Zivilsachen. (Cologne: C. Heymann, 1951- .) Semi-official reporter of civil decisions of Germany's highest court. Detailed index published every ten volumes, includes systematic topical, chronological, and subject indexes. About three volumes per year, plus advance sheets. KK45.5 .E59
  • Entscheidungen des Bundesgerichtshofes in Strafsachen. (Berlin: C. Heymann, 1951- .) Semi-official reporter of criminal decisions of Germany's highest court. Indexed every ten volumes. About one volume every two years, plus advance sheets. KK45.5 .E57
  • Entscheidungen des Reichsgerichts in Zivilsachen. (Berlin: W. de Gruyter, 1880-1945.) Semi-official reporter of civil decisions of Germany's highest court up to the end of World War II. Cumulative index for vols. 1-30, and every ten volumes thereafter. KK43.4 .E57

The Library does not have the decisions of the Reichsgericht (i.e. pre-1946) in criminal cases.

  • Entscheidungen des Bundesverfassungsgerichts. (Tübingen: Mohr, 1952- .) Decisions of the federal constitutional court. Cumulative indexes published every ten volumes. KK5466.5 .B8

c. Periodical Case Reports

Note that all periodicals prior to 1971 are shelved at the Auxiliary Library Facility, but may be recalled by the patron.

  • Neue Juristische Wochenschrift. (Munich: C.H. Beck, 1947 -.) ( cited NJW) Weekly publication, containing reports from all different courts. Includes both a summary survey of very recent decisions, as well as lengthy reports of less recent decisions, together with annotatioins in some cases. Editorial notes provide references to related cases. Cumulative indexes cover the period 1947-1960, and each five year period thereafter. Index volumes include chronological index arranged by court, subject index, topical index, and index by statutory section construed. This is the most general periodical-case reporter for German case law. Library's collection begins with volume one. Periodical
  • Monatsschrift für Deutsches Recht. (Hamburg: O. Schmidt, 1947- .) (MDR) Monthly. Includes the largest number of case reports of any general periodical. Includes frequent articles summarizing the practice of one of the courts. Annual index includes chronological index arranged by court, subject index, index by statutory section construed, and cross-refrence table converting semi-official citations to MDR citations. Library's collection begins with 1996. Periodical
  • Juristenzeitung. (Tübingen: J.C.B. Mohr, 1951- .) (JZ) Bi-weekly. Includes fewer cases than the NJW and MDR, but summaries and annotations are lengthier. Annual indexes include chronological index by court, index of statutes construed, and subject index. Library's collection begins with volume six (1951). Periodical
  • Juristische Rundschau. (Berlin: de Gruyter, 1947- .) (JR) Similar to Juristenzeitung. Includes summaries of recent decisions of the Bundesarbeitsgericht (federal labor law court). Library's collection begins with 1996. Periodical
  • Zeitschrift für Ausländisches Öffentliches Recht und Völkerrecht. (Stuttgart: W. Kohlhammer, 1929- .) (ZaöRV) Quarterly. One issue per year includes decisions of German courts in the area of public international law. Includes English summaries. Library's collection begins with volume one. Periodical
  • IPrax: Praxis des Internationalen Privat- und Verfahrensrechts. (Bielefeld: Gieseking, 1981- .) (IPrax) Bi-monthly. Includes full reports and excerpts of German decisions involving the conflict of laws. Library's collection begins with 1984. (From 1926 to 1944, full reports of conflicts decisions were reported in a supplement to Rabels Zeistschrift Für Ausländisches Und Internationales Privatrecht, which the Library also has.) Periodical
  • Neue Zeitschrift für Verwaltungsrecht. (Munich: C.H. Beck, 1982- .) (NVwZ) Monthly. Includes excerpts of administrative decisions. Regular supplements summarize recent decisions in various areas of administrative law. Also includes the program for the annual Juristentag (bar association meeting) as a supplement. Library's collection begins with volume one. Periodical Neue Zeitschrift für Strafrecht. (Munich: C.H. Beck, 1982- .) (NStZ) Includes summaries and some annotations of criminal law decisions. Library's collection begins with vol. 8 (1988). Periodical

d. How to Find a Printed Case

German court decisions virtually always involve the interpretation of a statutory provision. Therefore, the best way to find leading case law on a given topic is to find a recent commentary on the statute in question. The commentary will provide exhaustive citations to cases interpreting the provision in question.

In addition, one can use one of the index-digests to case law, of which there are several. The Library holds the following:

  • Fundheft für Zivilrecht: Zehnjahres-Fundheft für Zivilrecht 1975-1984. (Munich: C.H. Beck, 1986-7.) Contains headnotes for cases in the area of civil law, organized by sub-topic, then by code or statute, then by section number. Also includes subject index. This title is now updated by annual volumes, entitled Fundheft für Zivilrecht: Systematischer Nachweis der deutschen Rechtsprechung und Zeitschriftenaufsätze. KK991 .Z44 1986
  • Neue Juristische Wochenschrift. For more recent decisions, the researcher should use the five-year and annual indexes of the Neue Juristische Wochenschrift (see above), which provide extensive coverage of German case law, including virtually every decision of the Bundesgerichtshof and the Bundesverfassungsgericht. Periodical

In order to convert a periodical citation to a reporter citation, one should take the date of the decision found in a periodical, and trace it in the chronological decision tables published in the cumulative indexes to the semi-official reports of federal court decisions.

e. Electronic Access to Case Law

  • The Juristisches Internetprojekt Saarbrücken. This site provides links to all the web sites listed below, as well as to web sites of state courts and more specialized federal courts. This site does not include a comprehensive list of links to German case law, but it is a comprehensive list of links to web sites maintained by the courts themselves, and therefore the sites at which the researcher will find the most authoritative electronic versions of German decisions.
  • Entscheidunged der Bundesverfassungsgericht. Bundesverfassungsgericht and the Institut für Rechtsinformatik, University of Saarland. This internet site provides official, full-text access to decisions of the Federal Constitutional Court, 1998 -. The search template permits full-text boolean searches, as well as searches by docket number and date.
  • Entscheidungen des Bundesgerichtshofs. Bundesgerichtshof. This site has the full text of all civil and criminal decisions of the Bundesgerichtshof, 2000 -. The search template permits full-text, boolean searches of the decisions.
  • Entscheidungen des Bundesarbeitsgerichts. Bundesarbeitsgericht. This site includes decisions of the Bundesarbeitsgericht (Federal Labor Court), 2002 -. The search template permits full-text, boolean searches of the database.
  • Entscheidungen des Bundesverwaltungsgerichts. Bundesverwaltungsgericht. This site contains selected decisions of the Bundesverwaltungsgericht (Federal Administrative Law Court), 2002 -. The search template permits full-text, boolean searches of the database.
V. German Law Reviews

The Law Library subscribes to several periodicals that publish scholarly articles about German law. German law review articles are indexed in several sources. Index to Foreign Legal Periodicals. This is an electronic subject index of foreign legal periodicals from many countries, 1985 -. For older articles, the researcher can use the printed version of the index. (Index Tables K33 .I6). Subject headings are in English.

  • Karlsruher Juristische Bibliographie. (Munich: C.H. Beck, 1965 -.) Indexes books and law review articles. KK3 .K3 Index Table
  • Fundheft für Zivilrecht: Zehnjahres-Fundheft für Zivilrecht 1975-1984. (Munich: C.H. Beck, 1986-7.) Contains citations to articles in the area of civil law. This title is now updated by annual volumes, entitled Fundheft für Zivilrecht: Systematischer Nachweis der deutschen Rechtsprechung und Zeitschriftenaufsätze. KK991 .Z44 1986

The following is a selective list of German legal periodicals to which the Library currently subscribes. The researcher can obtain from IUCAT a complete list of titles focusing on the law of Germany by doing a subject keyword search for the terms "law germany periodicals". The researcher should do the same search in WorldCat in order to locate titles not held by the I.U.- Bloomington Law Libraray. Note that all periodicals prior to 1971 are shelved at the Auxiliary Library Facility, but may be recalled by the patron.

  • Zeitschrift für die Gesamte Strafrechtswissenschaft. (Berlin: de Gruyter, 1951- .) Library's collection begins with vol. 69 (1957) Periodical
  • Archiv für die Civilistische Praxis. (Tübingen: J.C.B. Mohr, 1818- .) Library's collection begins with vol. 15 (1949) Periodical
  • Zeitschrift für Rechtspolitik. (Munich: C.H. Beck, 1968- .) Includes ZRP Gesetzgebungsreport, which summarizes new legislation. Library's collection begins with vol. 1. Periodical
  • Jahrbuch des Öffentlichen Rechts. (Tübingen: J.C.B. Mohr, 1951- .) Annual. Covers developments in public law around the world, but emphasis is placed on German law. Often includes the text of important new legal documents, such as new state constitutions. Library's collection begins with vol. 81 (1956) Periodical
VI. Electronic German Legal Sources in English

a. Electronic Sources of Statutes

The following is a selection of web sites that provide access to translations of German statutes into English. The researcher should keep in mind that no English translations are authoritative, and that web-based versions may be out-of-date. Also, in using these web sites, the researcher might have difficulties with broken links. There are many meta-sites that list additional sites with useful information on German statutes in English.

  • Constitutions of the Countries of the World. Oceana. This database is edited by the Max Planck Institut at Heidelberg, and is the best source for the text of the Grundgesetz (Basic Law). It is a fee-based database, and requires an Indiana University password for access. Several of the sites listed below also contain links to English language versions of the Basic Law at free web sites.
  • World Legal Information Institute (Worldlii) This site lists links to an eclectic assortment of German statutes in English, mostly unofficial translations.
  • IUSCOMP German Law Archive. Oxford University Comparative Law Forum. This site provides a link to a fairly comprehensive collection of statutes, all unofficially translated. Includes both the Criminal Code and the Code of Criminal Procedure, as well as a partial translation of the Civil Code.
  • German Law. Resources in English. University of Saarbrücken.
  • German Laws in English Translation. A rather comprehensive and frequently updated list, with links to translations of German legislation.
  • Introduction to German Law. Thomas Börner, University of Hull Law School. This site contains a brief introduction to German law,and a partial translation of the German Civil Code.

b. Electronic Sources of Case Law

VII. Printed German Legal Sources in English

a. Introductory Texts

The best sources of introductory and background material on German law are monographs. Periodically updated in new editions, there are several that include chapters on various aspects and areas of German law.

  • Introduction to German Law, 2nd ed. Mathias Reimann and Joachim Zekoll, eds. (The Hague: Kluwer, 2005.) KK147 .I58 2005
  • German Legal System & Laws, 3rd ed. Nigel Foster and Satish Sule. (Oxford: Oxford University Press, 2002.) KK147 .F67 2002
  • German Legal System and Legal Language, 2nd ed. Howard D. Fisher. (London: Cavendish, 1999.) KK147 .F57 1999
  • An Introduction to German Civil and Commercial Law. Gerhard Dannemann, with a chapter on company law by Thomas Meyding. (London: British Institute of International and Comparative Law, 1993.) KK147 .D36 1993

Two other introductory sources the researcher should be aware of are the following:

  • International Encyclopedia of Comparative Law. (Tübingen: J.C.B. Mohr, 1973- .) Volume one includes national reports. The report on the Federal Republic of Germany is somewhat dated (1970s), but quite scholarly. It is still a valuable introduction to the German legal system. Law Reference K530 .I5
  • Modern Legal Systems Cyclopedia. Kenneth Redden, ed. (Buffalo, NY: William S. Hein, 1971- .) Volume 3 includes an updated chapter on postreunification Germany, as well as chapters on both the Federal Republic and Berlin. The latter are of course now out of date, but provide a useful introduction to the former law of the Federal Republic and unique legal status of Berlin before reunification. The researcher interested in the legal history of Berlin should also see The Legal Status of Berlin, by I.D. Hendry and M.C. Wood (Cambridge: Grotius, 1987). Law Reference K530 .M62 v.3

b. German Codes and Other Statutes

The researcher should be aware that several of these texts are now out of date, and should be supplemented with further research.

  • German Civil Code, Revised Edition, As Amended toJanuary 1, 1992, Simon L. Goren, trans. (Littleton, Col: Rothman, 1994.) Also includes translations of the Introductory Act to the Civil Code and the Act on Liability for Defective Products. KK985 .51896 .A52 1994
  • German Commercial Code & Code of Civil Procedure. Charles E. Stewart, trans. 2001. KK2045 .51897 .A52 2001
  • The German Penal Code: As Amended as of December 19, 2001. Stephen Thaman, trans. (Buffalo, NY: William S. Hein, 2002.) KK7975 .51871 .A52 2002
  • German Code of Criminal Procedure. Horst Niebler, trans. (South Hackensack, N.J.: F.B. Rothman, 1965. KK9405.A62 N63 1965
  • German Capital Market Law. Ulf R. Siebel et al., eds. Includes translations of the Securities Trading Act, the Exchange Act, the Safekeeping of Securities Act, the Securities Sales Prospectus Act, the Ordinance on Securities Sales Prospectuses, and the Rules of the Frankfurt Securities Exchange. KK2247 .A25 1995
  • Business Transactions in Germany. (Newark, N.J.: Matthew Bender, 1983 -.) Now available on Lexis, this four-volume looseleaf publication contains a number of statutes in English translation, including the Act Against Restraints on Trade, Banking Act, Act on Limited Liability Companies, Stock Corporation Law, Co-Determination Act, Works Constitution Act of 1972, Patent Act, Trademark Act, and Copyright Act, as amended through 8 May 1998. Lexis

A large number of other titles are scattered throughout the collection that contain summaries or translations of legislation from mutliple countries on a given topic. In particular, the researcher should be aware of:

  • Commercial Laws of Europe. (London: European Law Centre, 1978 -.) This monthly periodical includes the text of new commercial legislation from all European jurisdictions in English translation, and also in the original language when an authentic English text is still unavailable at the time of publication. Current issues are shelved in Periodicals. KJC2044.3 .C65

There are several sources the researcher can use to locate statutory citations.

  • Martindale Hubbell International Law Digest. (New Providence, NJ: Martindale-Hubbell, [year].) The digest on German law in this annual publication provides references to code and section numbers. Law Reference KF190 .M376 [year]
  • Foreign Law: Current Sources of Codes and Legislation in Jurisdictions of the World. Thomas H. Reynolds and Arturo A. Flores (Littleton, CO: Rothman, 1989- .) Looseleaf. The entry for Germany, in volume two, provides citations to statutory provisions by subject. It also provides references to English-language translations. Law Reference K38 .R49 1989 v.2

c. Law Review Articles and Books About German Law

There are more than occasional articles about aspects of German law scattered through English language law reviews. Most of the American law reviews are indexed in LegalTrac and WilsonWeb. The former goes back to 1980, the latter now indexes American law reviews back to 1918. Additionally, the researcher should be aware of Legal Journal Index, a law review index in WestLaw focusing on titles published in the United Kingdom, as well as English-language titles published in Europe. Coverage goes back to 1986. The researcher should keep in mind that all pre-1971 volumes of IU Law Library law reviews have been sent to storage in the Auxiliary Library Facility. However, most American law reviews are available back to vol. 1 in PDF format through HeinOnline. Moreover, printed volumes can be retrieved from the ALF on a same-day basis.

The researcher can look for books on German law in IUCAT and WorldCat by doing keyword subject searches. The researcher should also be aware of the following:

  • Szladit's Bibliography on Foreign and Comparative Law. Daniel L. Wade, S. Blair Kauffman, and Tracy L. Thompson, comps. and eds. (Ardsley, N.Y.: Oceana, 1955 -.) Originally an index of "all books and articles in the English language dealing with non-common law legal systems and with general subjects bearing upon the comparative study of law", this index is renowned for its analytical main entries and depth of coverage, going back to 1790. The most recent edition (2001), published in three volumes, covers the years 1997-98. Includes only references to books, but still with analytical depth, often providing quotations from prefaces and introductions indicating the scope of the work indexed. Main entries are indexed by jurisdiction and subject. There are secondary indexes by author and title. This is an excellent index, but limited by its lack of timeliness in publication. Law Indexes K38 .S9