4 ms·
German, but not much knowledge of all things judicial: I believe that the German system might suffer a little from being torn between the Roman law tradition (v
by usrusr 3y ago
German, but not much knowledge of all things judicial: I believe that the German system might suffer a little from being torn between the Roman law tradition (via Code Napoleon) where the code is undisputed authority on one side, and common law tradition on the other, where consistency with precedence is considered very important.
- amadeuspagel 3y agoThere's no common law tradition in germany. Courts are not required to follow precedents.[1] [1]: https://en.wikipedia.org/wiki/Law_of_Germany#Comparative_law https://en.wikipedia.org/wiki/Law_of_Germany#Comparative_law
- mschuster91 3y agoThat's ... a bit shortening reality. They are not required to follow precedents from the same level of courts (lower, upper, state court, federal/supreme court), but in practice they do so, particularly if there have been multiple similar cases. Federal and supreme court rulings are effectively binding for lower courts. Notable disagreements exist as well, for example the Landgericht Berlin who routinely ignores even Supreme Court judgements [1], or the Landgericht Hamburg which is infamous for happily providing c&d orders to a degree other Landgerichte do not [2]. [1] https://www.lto.de/recht/nachrichten/n/lg-berlin-geruegt-von-bverfg-verstoss-prozessuale-waffengleichheit-bild-boris-becker/ https://www.lto.de/recht/nachrichten/n/lg-berlin-geruegt-von... [2] https://www.lawblog.de/archives/2016/05/18/das-hamburger-monopol/ https://www.lawblog.de/archives/2016/05/18/das-hamburger-mon...