Chapter

Comparative Law in the German Courts

Hannes Unberath and Astrid Stadler

in Courts and Comparative Law

Published in print July 2015 | ISBN: 9780198735335
Published online October 2015 | e-ISBN: 9780191802096 | DOI: https://dx.doi.org/10.1093/acprof:oso/9780198735335.003.0031
Comparative Law in the German Courts

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This chapter examines the specific problems of comparative law before German national courts. It focuses on areas in which comparative law has played a role in German private law. The first part of the chapter discusses comparative law as a necessary tool and concludes that the comparative method is still not part of a broadly accepted canon of German legal methodology. Nevertheless, in the field of conflict of laws and when applying international conventions or European regulations it is often inevitable for courts to take into consideration foreign court practice. The second part discusses comparative law as a voluntary enterprise and describes cases in which courts have used foreign law as a source of inspiration to further develop German law. Despite the increasing importance of international practice, comparative law is still primarily a domain of academic writing. The chapter concludes by exploring the future role of comparative law.

Keywords: comparative law; German courts; German private law; national judge; national courts

Chapter.  8236 words. 

Subjects: Comparative Law ; Constitutional and Administrative Law

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