LegaL uNIFICATION THROUGH Case Law

Political integration is based on economic integration. This in turn is based on the reliability of the legal foundations of economic activity, which increases with the harmonisation of law. Those who want to achieve territorial legal harmonisation and thus create a uniform legal area can use various instruments. 

First and foremost is the instrument of legislation. A legislator superior to several legal areas can ensure legal harmonisation through uniform legislation, as in the German Reich founded in 1871 with the Civil Code on 1 January 1900. If such a superordinate legislator does not exist, as was the case in 19th century Germany before the foundation of the German Reich, the law of several states can nevertheless be standardised by the respective legislators enacting identical laws in a coordinated manner. This was the case in the middle of the 19th century, particularly in the area of commercial law with the General German Commercial Code (ADHGB); further such laws were planned. 

Last but not least legal harmonisation can also be achieved through case law or even deliberately sought by creating a court that is superior to various jurisdictions. Such a court was, for example, created with the opening of the Imperial Court of Justice (Reichsgericht) in Leipzig on 1 October 1879. But this is just one example of many such cases to be investigated.

Förderung: Vielberth-Stiftung