German Legal Citation Customs
In
creating this webpage I have obviously looked around to see what I
could find on this topic of transferring German legal citation into
English, or, to phrase it differently, on how to cite German legal
code in English. Of course I have had this problem
before occasionally
when having to deal with explaining a German legal situation to
foreigners in English. But for the webpage I wanted to find the one
definite true answer.
Only turns out there isn't.
As basic as this issue is, and as trivial as it might seem, in fact there is no consensus on how German law text citation should be represented in English.
However, I need to have a sound system of citation within this website and therefore have established a set of citation conventions for the sake of this website.
...what the hell am I raving on about?
Okaaaay, (deep breath)
in the course of explaining German travel law I will have to refer to legal code, specifically, to very discrete detail portions of the code; to illustrate:
In Germany, the parties to a legal argument, their lawyers and ultimately the judge(s) will look up the respective statutes for their case and refer to them when arguing their case.
A simple example:
Mr X books a travel package with a certain operator HolidayFun but doesnt pay.
The respective statute would be rule (§ or section, as we shall see) number 651a of the German Civil Code (BGB), which reads:
I have boldened the part that is of interest to us (and to the operator HolidayFun).
Now, how to cite that detail part of the legal text?
In German, one would refer to"§ 651a I 2 BGB" (short version) or "§ 651a Absatz 1 Satz 2 BGB" (long version). But, like I said, there is no consensus on how to translate this German citation into English.
Some (let's call that "version 1") might refer to the above law text as "section 651a" and then use the term "subsections", while others (let's call this approach "version 2") instead of "section" would use the § symbol which would be pronounced "paragraph". The latter would write "§ 651a" and pronounce that "paragraph 651a".
To make matters worse, on the next lower hierarchical level, the latter would talk of "sections", the former would operate with "subsections".
The next levels of detail again would be common to both: "sentence", "half sentence", "number", "alternative", "variant", "letter" etc.
Applied to our little example the operator would claim:
version (1):
Mr. X must pay me the agreed price according to sec. 651a subsec.1 sentence 2 BGB
version (2):
Mr. X must pay me the agreed price according to § 651a sec.1 sentence 2 BGB.
The solution for this which I will use throughout this site is rather easy: in German legal use, there is two ways to denote the paragraph within the section / section within the paragraph (<-- you see how confusing this terminology incertainty can be) : an abbreviation of the word "Absatz" (section), "Abs."(sec.), or roman numerals (I, II, II, IV and so on). The latter is where we can solve the whole problem: within this site we will simply use the more popular version of using roman numerals. No confusion over what "section" refers to.
For further conciseness, the individual sentences within the section shall simply be numbered, numbers will be abbreviated as "Nr."
With this out of the way I simply declare that we use "§" symbol to denote the individual legal norm/rule.
Result: I would formulate the above sentence as follows:
Mr. X must pay me the agreed price according to § 651a I 2 BGB.
Let's apply our newfound wisdom and do yet another example so you get used to it.
Please note the emphasized (boldened) part of the following legal rule:
Lets say our tour operator HolidayFun conforms to the obligation to have a guarantee for reimbursement of the paid travel price by having a respective promise from a German bank.
He would refer to this fact by saying:
"I fulfill the obligation to have a guarantee of reimbursement by having a respective promise of a bank according to § 651k I 2 Nr.2 BGB."
(legal rule/paragraph 651a, section (subsection) one, sentence two, number 2)
So far for citing original legal code.
Journalistic legal articles or court decisions in law periodicals are usually cited by the publication year and page, hence NJW 2003, 1023 would refer to something printed in the periodical NJW (Neue Juristische Wochenschrift) from the year 2003 on page number 1023. An added "f" means "and the next page" (following), an "ff" means "and subsequent pages".
Btw this goes for citing legal statutes, too: "§§ 651a ff BGB" means "§651a and the following".
Decisions of the supreme "Federal High Court of Justice in Civil Cases" ("BundesGerichtsHof in Zivilsachen") are sometimes published in its own publication and then cited for the respective issue and page, e.g. "BGHZ 98, 123" would refer to page 123 in issue (not year!) 98.
This should suffice for the sake of this site. But believe it or not, there are whole books dedicated to the sole topic of correct legal quotation and citation in German.
Only turns out there isn't.
As basic as this issue is, and as trivial as it might seem, in fact there is no consensus on how German law text citation should be represented in English.
However, I need to have a sound system of citation within this website and therefore have established a set of citation conventions for the sake of this website.
...what the hell am I raving on about?
Okaaaay, (deep breath)
in the course of explaining German travel law I will have to refer to legal code, specifically, to very discrete detail portions of the code; to illustrate:
In Germany, the parties to a legal argument, their lawyers and ultimately the judge(s) will look up the respective statutes for their case and refer to them when arguing their case.
A simple example:
Mr X books a travel package with a certain operator HolidayFun but doesnt pay.
The respective statute would be rule (§ or section, as we shall see) number 651a of the German Civil Code (BGB), which reads:
§ 651a - Typical
contractual duties in a package travel contract
(1) By a package travel contract, a travel organiser is obliged to render for the traveller a complete set of travel services (travel package) for the traveller. The traveller is obliged to pay the travel organiser the agreed price for the travel package.
(2) A declaration that the only contracts being arranged are contracts with the persons who are to carry out the individual travel services (service providers) will be disregarded if the other circumstances create the impression that the party making the declaration is performing the contractually provided travel services on his own responsibility.
(3) (...)
(1) By a package travel contract, a travel organiser is obliged to render for the traveller a complete set of travel services (travel package) for the traveller. The traveller is obliged to pay the travel organiser the agreed price for the travel package.
(2) A declaration that the only contracts being arranged are contracts with the persons who are to carry out the individual travel services (service providers) will be disregarded if the other circumstances create the impression that the party making the declaration is performing the contractually provided travel services on his own responsibility.
(3) (...)
I have boldened the part that is of interest to us (and to the operator HolidayFun).
Now, how to cite that detail part of the legal text?
In German, one would refer to"§ 651a I 2 BGB" (short version) or "§ 651a Absatz 1 Satz 2 BGB" (long version). But, like I said, there is no consensus on how to translate this German citation into English.
Some (let's call that "version 1") might refer to the above law text as "section 651a" and then use the term "subsections", while others (let's call this approach "version 2") instead of "section" would use the § symbol which would be pronounced "paragraph". The latter would write "§ 651a" and pronounce that "paragraph 651a".
To make matters worse, on the next lower hierarchical level, the latter would talk of "sections", the former would operate with "subsections".
The next levels of detail again would be common to both: "sentence", "half sentence", "number", "alternative", "variant", "letter" etc.
Applied to our little example the operator would claim:
version (1):
Mr. X must pay me the agreed price according to sec. 651a subsec.1 sentence 2 BGB
version (2):
Mr. X must pay me the agreed price according to § 651a sec.1 sentence 2 BGB.
The solution for this which I will use throughout this site is rather easy: in German legal use, there is two ways to denote the paragraph within the section / section within the paragraph (<-- you see how confusing this terminology incertainty can be) : an abbreviation of the word "Absatz" (section), "Abs."(sec.), or roman numerals (I, II, II, IV and so on). The latter is where we can solve the whole problem: within this site we will simply use the more popular version of using roman numerals. No confusion over what "section" refers to.
For further conciseness, the individual sentences within the section shall simply be numbered, numbers will be abbreviated as "Nr."
With this out of the way I simply declare that we use "§" symbol to denote the individual legal norm/rule.
Result: I would formulate the above sentence as follows:
Mr. X must pay me the agreed price according to § 651a I 2 BGB.
Let's apply our newfound wisdom and do yet another example so you get used to it.
Please note the emphasized (boldened) part of the following legal rule:
§ 651k
Guarantee; payment
(1) The travel organiser must guarantee that the traveller is reimbursed
1. the price of the travel package paid to the extent that travel services fail to materialise due to insolvency or the commencement of insolvency proceedings relating to the assets of the travel organiser, and
2. necessary expenses incurred by the traveller for return travel due to insolvency or the commencement of insolvency proceedings relating to the assets of the travel organiser.
The duties under sentence 1 may only be performed by the travel organiser
1.by means of an insurance policy taken out with an insurance company authorised to conduct business operations within the area of application of this Code, or
2.by the promise of payment of a banking institution authorised for business operations within the area of application of this Code.
(2)...
(1) The travel organiser must guarantee that the traveller is reimbursed
1. the price of the travel package paid to the extent that travel services fail to materialise due to insolvency or the commencement of insolvency proceedings relating to the assets of the travel organiser, and
2. necessary expenses incurred by the traveller for return travel due to insolvency or the commencement of insolvency proceedings relating to the assets of the travel organiser.
The duties under sentence 1 may only be performed by the travel organiser
1.by means of an insurance policy taken out with an insurance company authorised to conduct business operations within the area of application of this Code, or
2.by the promise of payment of a banking institution authorised for business operations within the area of application of this Code.
(2)...
Lets say our tour operator HolidayFun conforms to the obligation to have a guarantee for reimbursement of the paid travel price by having a respective promise from a German bank.
He would refer to this fact by saying:
"I fulfill the obligation to have a guarantee of reimbursement by having a respective promise of a bank according to § 651k I 2 Nr.2 BGB."
(legal rule/paragraph 651a, section (subsection) one, sentence two, number 2)
So far for citing original legal code.
Journalistic legal articles or court decisions in law periodicals are usually cited by the publication year and page, hence NJW 2003, 1023 would refer to something printed in the periodical NJW (Neue Juristische Wochenschrift) from the year 2003 on page number 1023. An added "f" means "and the next page" (following), an "ff" means "and subsequent pages".
Btw this goes for citing legal statutes, too: "§§ 651a ff BGB" means "§651a and the following".
Decisions of the supreme "Federal High Court of Justice in Civil Cases" ("BundesGerichtsHof in Zivilsachen") are sometimes published in its own publication and then cited for the respective issue and page, e.g. "BGHZ 98, 123" would refer to page 123 in issue (not year!) 98.
This should suffice for the sake of this site. But believe it or not, there are whole books dedicated to the sole topic of correct legal quotation and citation in German.
© M. Hofbauer 2010, 2011 (V1.08c) Impressum