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Law Germany
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Law Germany

The legal system in Germany differs substantially from those in the U.S. and England, although many people in this country a better basis of relevant television series and films are familiar with the latter. While in the latter countries, a so-called "case law" applies, so a case-law (which is why the lawyers are looking for in the aforementioned series always feverishly for precedents - like, already decided cases -), is in Germany, only the written law binding. Basically: No punishment without norm. This is all that is not explicitly prohibited, first of all allowed.

This is also the reason why so many laws in Germany, supply and orders and prohibitions, etc. exist. But of course you can not regulate every individual case. Therefore, the existing legal norms are applied and interpreted by legal experts. Since most of our laws are very old and actually in their roots go back to Roman law, it is often a question of whether a legal term for a previously held view is still relevant at all. Moreover, one can understand the meaning and purpose of legislation so or even completely different, so to clarify again and again is whether a particular event at all to a standard, "fits" or not.

Existing decisions bind the courts generally do not (some restrictions apply here with policies of the Federal Supreme Court) but are happy to serve as a guide for interpretation.