In 2002 the most sweeping individual reform ever to have affected the German Civil Code entered into force. This was triggered by the necessity to implement the European Consumer Sales Directive, but went far beyond what was required by the European Community. The most important aspect of the Act of 2002, from the point of view of legal practice, is the fundamental reform of the German law of prescription (limitation). Doctrinally, the most remarkable feature of the revised BGB is the new regime concerning liability for non-performance in general and non-conformity in particular. More than by any other component of the reform process, however, the face of the BGB has been changed by the attempt to streamline, or harmonise, general contract law and consumer contract law. At the same time, the reform has moved German contract law considerably closer to European thinking patterns, so that the ‘modernization’ of the BGB has been regarded as ‘a milestone on the path towards a European Civil Code’. It thus appears to be appropriate, when analysing the reform, not only to adopt a historical perspective and emphasize the elements of change and continuity, but also to take texts such as the Principles of European Contract Law as points of reference for a comparative assessment.

The results of this analysis were presented in a number of lectures which where published as essays in several journals. “The New German Law of Obligations” by Reinhard Zimmermann collects these essays in one volume.

Summary of contents:

1.  The German Civil Code and the Development of Private Law in Germany

2.  Remedies for Non-Performance, Viewed against the Background of the Principles of European Contract Law

3.  The Development of Liability for Non-conformity in German Sales Law

4.  The New German Law of Prescription and Chapter 14 of the Principles of European Contract Law

5.  Consumer Contract Law and General Contract Law