In 1871 a commission was appointed to draw up regulations for civil and
criminal procedure, and also to frame regulations for the organization
of the law courts. The draft code of civil procedure, which was
published in December 1872, introduced many important reforms,
especially by substituting public and verbal procedure for the older
German system, under which the proceedings were almost entirely carried
on by written documents. It was very well received. The drafts for the
other two laws were not so successful. Protests, especially in South
Germany, were raised against the criminal procedure, for it was proposed
to abolish trial by jury and substitute over the whole empire the
Prussian system, and a sharp conflict arose as to the method of dealing
with the press. After being discussed in the Reichstag, all three
projects were referred to a special commission, which after a year
reported to the diet, having completely remodelled the two latter laws.
After further amendment they were eventually accepted, and became law in
1877. By these and other supplementary laws a uniform system of law
courts was established throughout the whole empire; the position and pay
of the judges, the regulations regarding the position of advocates, and
costs, were uniform, and the procedure in every state was identical. To
complete the work a supreme court of appeal was established in Leipzig,
which was competent to hear appeals not only from imperial law, but also
from that of the individual states.
By the original constitution, the imperial authorities were only
qualified to deal with criminal and commercial law; the whole of the
private law, in which the variety was greatest, was withdrawn from their
cognizance. Lasker, to remedy this defect, proposed, therefore, an
alteration in the constitution, which, after being twice carried against
the opposition of the Centre, was at last accepted by the Bundesrat. A
commission was then appointed to draw up a civil code. They completed
the work by the end of 1887; the draft which they then published was
severely criticized, and it was again submitted for revision to a fresh
commission, which reported in 1895. In its amended form this draft was
accepted by the Reichstag in 1896, and it entered into force on the 1st
of January 1900. The new Civil Code deals with nearly all matters of
law, but excludes those concerning or arising out of land tenure and all
matters in which private law comes into connexion with public law; for
instance, the position of government officials, and the police: it
excludes also the relations of master and servant, which in most points
are left to the control of individual states. It was accompanied by a
revision of the laws for trade and banking.
Commercial reform.
Public-domain text, read in full here on John Shaqi.
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