Continental law – global, predictable, flexible, cost-effective
Well positioned among competing legal systems
Berlin/ Paris: Continental law can confidently claim
its place in the international competition of legal systems. It is global in
scope, predictable, flexible and cost-effective. Owing to its codification,
consumers and entrepreneurs are able to determine the law that applies to them
clearly and unambiguously. The outcome of applying this law is readily
predictable. Continental law allows contracts to be concise and efficient. They
are only required to regulate those points in which they depart from the
statutory provisions. This saves time and resources. Continental law courts are
impartial, fast and cost-effective. The purposeful guidance of the proceedings
by the judge significantly lowers the parties’ expenditures of time and money.
The system of the preventive administration of justice ensures the effective
and reliable protection of property rights. Public registers establish legal
certainty and confidence—and also save costs while doing so. The legal framework
for real estate and commercial law promotes growth and a shelter from crises.
By guaranteeing the freedom, predictability and certainty of transactions,
continental law gives rise to justice.
The French Fondation pour le droit continental and the five founding members of the Bündnis für das deutsche Recht, (Alliance for German Law), the Bundesnotarkammer (BNotK; Federal Chamber of German Civil Law Notaries), the Bundesrechtsanwaltskammer (BRAK; The German Federal Bar), the Deutsche Anwaltverein (DAV; German Bar Association), the Deutsche Notarverein (DNotV; German Notaries´ Association) and the Deutsche Richterbund (DRB; German Judges Association), have jointly created this brochure about Continental Law. The aim is to explain the benefits of continental law and to promote its application. The brochure was introduced at the French Embassy in Berlin on February 7, 2011 at 12.00 noon and presented to the German Federal Minister of Justice, Sabine Leutheusser-Schnarrenberger in the presence of representatives from the business community, political leaders and the media. It was presented to Michel Mercier, the French Minister of Justice, two days later at the German Embassy in Paris.
The brochure is addressed to multinational companies and entrepreneurs and also to legal professionals with an international practice spanning across competing legal systems.