Who explains the law to the court?

German judges do not need anyone to explain the law to them. They have studied it at university and subsequently gathered practical experience in the field. However, in cases with international elements, German courts may need to apply the law of another jurisdiction. Potential examples would be the cases of a Turkish couple residing in Germany and seeking a divorce, a foreign resident passing away with bank accounts in Germany, and a German resident suffering an injury in a traffic accident in Poland.

As the German courts will usually be unfamiliar with the applicable foreign legal norms, they need help in determining their content and application. For the past century, our Institute has been providing this assistance. Our legal research is global in scope, and our expertise flows into expert opinions on foreign law, thereby serving the public interest.

Jan Peter Schmidt
leads the Institute’s Centre for the Application of Foreign Law.
He studies topics in comparative law and private international law.
More on Jan Peter Schmidt and his research can be found here.