German Civil Code - (2nd Edition)

Author: Chen Weizuo
Publisher:
Publish Date: 2006-02-01
Features: The German Civil Code is the of Dr. Chen Weizuo, Associate Professor at the Law School of Tsinghua University, during his study in Germany from 1998 to 2004. Its first edition, published in 2004, received widespread praise from readers. In the year and a half since the first edition's publication, German legislators have enacted a series of new laws, amending, adding, and revoking many provisions of the German Civil Code, affecting over 60 articles, clauses, sub-clauses, and sentences. To better help readers understand the latest developments of the German Civil Code, the translator has revised and re-translated the text based on the latest version for the second edition. The second edition retains most of the annotations from the first edition; based on comparisons between the original German text of the Civil Code and multiple English, French, and Japanese translations, the translator strives for greater accuracy in the translation; and incorporates readers' feedback to further improve the quality of the translation. In summary, this book is the result of years of effort by Dr. Chen Weizuo, who holds doctorates in both Chinese and German law. Whether in terms of rigorous attitude, translation skills, academic foundation, or professional level, it is a highly reliable new translation of the German Civil Code. — Wang Liming
In the year and a half since the first edition of this book was published, German legislators have enacted a series of new laws, amending, adding, and revoking many provisions of the German Civil Code, affecting over 60 articles, clauses, sub-clauses, and sentences. For details, see the translator's table of amended provisions. To better help readers understand the latest developments of the German Civil Code and meet the demand of more people for a latest translation of the Civil Code, the translator has revised the translated text of the amended provisions for this second edition, based on the latest text as of the time of publication—the official text promulgated on January 2, 2002 (see Federal Law Gazette, 2002, Part 1, No. 42; corrections see Federal Law Gazette, 2002, Part 1, No. 2909 and 2003, Part 1, No. 738), finally amended by the law of February 6, 2005 (see Federal Law Gazette, 2005, Part 1, No. 203), reflecting the legislative status of the German Civil Code as of March 1, 2005 (Bürgerliches Gesetzbuch (BGB) in der Fassung der Bekanntmachung vom 2.1.2002 (BGBl. 2002 IS. 42, ber. BGBl. 2002 IS. 2909 und BGBl. 2003 IS. 738), zuletzt ge?ndert durch das Gesetz vom 6.2.2005 (BGBl. 2005 IS. 203), Stand: 1.3.2005).
Since the first edition of this book was published, many readers have sent emails: in addition to their enthusiastic encouragement for my translation and annotations of the German Civil Code, they have also raised serious and constructive criticisms regarding errors, omissions, or debatable points in the translation and annotations, which have been very beneficial to me. During the spring semester of 2004–2005, I first taught the course "Introduction to German Civil Law" to undergraduates at the Law School of Tsinghua University. Whether in class discussions or during midterm and final examinations, these diligent and thoughtful Tsinghua students asked many questions that were difficult for me as a teacher to answer on the spot, prompting me to think more deeply afterward and improving myself in the process; they also bravely and directly pointed out inappropriate or confusing parts of my translation, making valuable contributions to the improvement of the translation quality. These students include: Long Jun, He Yinan, Qi Hui, Zhu Xinlin, Gao Xuewen, Chen Jingdong, Zan Ming, Zhou Ying, Li Yan, Han Lu, Zhang Yan, Lou Ying, Zhao Teng, Su Wéntian, Chen Xi, Zhang Siliang, Sun Yihan, Luo Can, Mao Jie, Bian Dawei, Xu Pei, Lin, Ma Nan, Zhang Xuan, Xu Xie, Xu Shanshan, Shi Qimin, Liu Changxia, Sun Rongjie, Zhang Boyu, Zhao Jun, etc. Lecturer Cheng Xiao of the Law School of Tsinghua University, Mr. Huang Jiacheng, a civil law teacher at Southwest University of Political Science and Law, Mr. Liu Zhengzhong, a doctoral student at the Law School of Wuhan University, Ms. Liu Zhaolian, a master's student in law at the Law School of Tsinghua University, and Mr. Xie Hongtao, a 2004 student at the Law School of China University of Political Science and Law, have also provided valuable feedback. For this revision, I have fully considered their criticisms and improvement suggestions. Compared to the first edition, the translation of the second edition has been revised extensively. According to the translator's rough estimate, over 10,000 words, phrases, and terms have been changed, almost equivalent to a complete retranslation. The annotations of the second edition have removed many annotations from the first edition comparing the 2004 text with texts before 2000, as these are no longer latest situations over time. If readers wish to learn about this, they can still refer to the relevant annotations in the first edition; if they wish to understand the changes in provisions between the second and first editions, they only need to refer to the translator's table of amended provisions and the corresponding provisions in both versions. Additionally, while supplementing the annotations for Part 5, "Inheritance Law," which were not printed due to technical reasons when the first edition was published, the translator has also removed some overly repetitive annotations from the first edition, reducing the number of annotations in the second edition to 1,789.
From June 30 to July 29, 2005, the translator conducted research at Temple University in Philadelphia, USA, where he was able to photocopy another English translation of the German Civil Code after Wang Chonghui's translation (1907 edition), namely the translation by Walter Loewy, published in 1909 (The Civil Code of the German Empire, as Enacted on August 18, 1896, with the Introductory Statute Enacted on the Same Date. Translated by Walter Loewy. Translated and Published Under the Auspices of and Annotated by a Special Committee of the Pennsylvania Bar Association and the Law School of the University of Pennsylvania. Published: Boston Book Co., 1909). It can be seen that although Wang Chonghui's English translation of the German Civil Code is the earliest and was the best at the time, it was not the only English translation before 1975. The second edition of this book has made corresponding corrections to the statements in Professor Martin Neuckens' preface.