Civil lawyers in Germany, known as Zivilrechtliche Anwälte or Rechtsanwälte für Zivilrecht, play a vital role in resolving non-criminal legal disputes. They represent individuals, companies, and organizations in private legal matters, ensuring justice through compensation, enforcement of rights, and legal remedies under the German Civil Code (Bürgerliches Gesetzbuch – BGB).
What is Civil Law in Germany?
Civil law in Germany governs the private legal relationships between individuals and entities. It includes areas such as:
- Contract law
- Property disputes
- Family law (marriage, divorce, custody)
- Inheritance law
- Tort law (personal injury, negligence)
- Employment law
- Tenancy and real estate issues
Civil cases are handled through the ordinary courts (ordentliche Gerichtsbarkeit), which include:
- Amtsgericht (Local Court) – for simpler, lower-value cases
- Landgericht (Regional Court) – for complex or high-value claims
- Oberlandesgericht (Higher Regional Court) – for appeals
- Bundesgerichtshof (BGH) – the Federal Court of Justice, Germany’s highest court for civil matters
Roles and Duties of Civil Lawyers in Germany
Civil lawyers provide full legal services in private law disputes, including:
- Legal Consultation: Advising clients on their rights and the best legal options
- Document Preparation: Drafting contracts, claims, legal notices, and settlements
- Mediation & Negotiation: Helping parties settle disputes out of court
- Litigation & Representation: Representing clients in civil court proceedings
- Appeals: Guiding clients through the appeals process if necessary
Civil lawyers often work to avoid litigation by resolving conflicts through out-of-court settlements and arbitration, which are common in Germany.
German Civil Procedure Overview
A civil lawsuit in Germany typically includes:
- Filing the complaint (Klageerhebung)
- Preliminary hearing (Güteverhandlung)
- Main hearing (Haupttermin)
- Judgment (Urteil)
- Appeal or enforcement (Berufung/Vollstreckung)
German courts emphasize written submissions, and most civil cases are decided by a judge, not a jury.
Becoming a Civil Lawyer in Germany
To become a lawyer in Germany:
- Study law at university (about 4–5 years)
- Pass the First State Examination (Erstes Staatsexamen)
- Complete a 2-year legal clerkship (Referendariat)
- Pass the Second State Examination (Zweites Staatsexamen)
- Get admitted to the German Bar (Anwaltskammer)
Lawyers may specialize in civil law and receive certification as Fachanwalt für Zivilrecht (Specialist Lawyer in Civil Law).
Importance of Civil Lawyers in Germany
Civil lawyers ensure that:
- Legal relationships and contracts are respected
- Injured parties receive compensation or remedies
- Private disputes are resolved lawfully
- Individuals and companies are protected from unfair treatment
- Family and property rights are upheld
They are essential to preserving legal order and confidence in the justice system.
Conclusion
Civil lawyers in Germany serve as trusted advisors, negotiators, and courtroom representatives in non-criminal legal matters. With deep knowledge of the German Civil Code and legal procedures, they help clients protect their rights, resolve disputes, and maintain stability in private and commercial life. Their expertise ensures that justice is accessible and efficient in one of the world’s most structured legal systems.