Law

Tilman Repgen

Die soziale Aufgabe des Privatrechts

Eine Grundfrage in Wissenschaft und Kodifikation am Ende des 19. Jahrhunderts

[The Social Challenge of Private Law. A Basic Question of the Science of Law and Law-Making at the End of the 19th Century. By Tilman Repgen.]

unrevised e-book edition 2019; Original edition 2001; 2001. XXII, 583 pages.

Jus Privatum 60

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Published in German.
Tilman Repgen deals with the only question of general principle which is not normative or dogmatic and which was discussed intensely after the first draft of the BGB (German Civil Code) in 1888 and up to the resolution passed by the Reichstag in 1896: the question of the social challenge of private law. This is the first time that this discussion has been studied systematically, and the author's purpose is to establish what effect it had on the BGB. He shows that the previous concept of the social model is in fact outdated. With this study, Tilman Repgen makes a significant contribution to the discussion about the fundamental principles of German private law.
Tilman Repgen deals with the only question of general principle which is not normative or dogmatic and which was discussed intensely after the first draft of the BGB (German Civil Code) in 1888 and up to the resolution passed by the Reichstag in 1896: the question of the social challenge of private law. This is the first time that this discussion has been studied systematically, and the author's purpose is to establish what effect it had on the BGB. He shows that the previous concept of the social model is in fact outdated. With this study, Tilman Repgen makes a significant contribution to the discussion about the fundamental principles of German private law.
Authors/Editors

Tilman Repgen ist Professor für Deutsche Rechtsgeschichte, Neuere Privatrechtsgeschichte und Bürgerliches Recht an der Universität Hamburg.

Reviews

The following reviews are known:

In: FAZ — 2.Februar 2002, Nr. 28, S. 52 (Michael Stolleis)
In: Zeitschrift d.Savigny-Stiftung G — Bd.122 (2005), S.857ff (Thomas Gergen)
In: Zeitschr.f.Neuere Rechtsgeschichte — Jg.26 (2004), H.1/2, S.143ff (Alessandro Somma)
In: Zeitschr.d.Savigny-Stiftung R — Bd.122 (2005), S.361ff (Sibylle Hofer)