1. The Structure: General Part vs. Specificity
Germany (BGB): Uses the "Pandectist" system with five books.1 It is highly abstract and relies on a "General Part" (Allgemeiner Teil) that applies to all other sections.2
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China (Civil Code): While it adopts the General Part, the Chinese Code is more "integrated." It combined several previously independent laws (like the Contract Law and Tort Law).3 For a German lawyer, the Chinese Code feels more modern but less abstract than the BGB.
2. Property Rights & Land Ownership (The Biggest Divide)
Germany: Recognizes private ownership of land.4 You can own the soil beneath your feet forever.
China: All land is owned by the State or Collectives.5
The Difference: In China, individuals and companies only own "Land Use Rights" (typically 40, 50, or 70 years). This creates a unique legal layer for "mortgages" and "transfers" that German lawyers find distinct from the German Eigentum (ownership) concept.
3. Good Faith and Public Interest
Germany: The principle of Treu und Glauben (§ 242 BGB) is a cornerstone of contractual relations.6
China: China goes a step further by emphasizing "Green Principles" and "Public Order and Good Morals." * The Difference:7 Chinese courts have a broader mandate to intervene in contracts if they violate "Ecological Requirements" (Article 9 of the Civil Code)—a concept that is much more explicitly "pro-environment" than the traditional BGB.
4. Liability and Torts
Germany: Tort law is primarily compensatory. Punitive damages are generally alien to the BGB.8
China: The new Civil Code has introduced Punitive Damages for specific areas, most notably Intellectual Property and Environmental Pollution.9
The Difference: A German company infringing on IP in China might face damages far exceeding the actual "loss" suffered by the plaintiff—a risk that doesn't exist in the same way under German law.
5. Contract Conclusion: The "Stamp" vs. The "Signature"
Germany: A signature by a managing director (Geschäftsführer) is usually sufficient to bind a company.
China: The Company Seal (Chop) is the ultimate symbol of authority.
The Difference: In Chinese litigation, a contract with a signature but no seal is often contested as "unauthorized."10 German clients must understand that the "Physical Stamp" carries more weight than the "Individual's Signature."
Summary Table for German Clients
| Feature | German Civil Law (BGB) | Chinese Civil Law |
| Land | Private Ownership | State/Collective Ownership (Use Rights Only) |
| Damages | Compensatory Only | Compensatory + Punitive (in IP/Environment) |
| Formalities | Written Signature | Official Company Seal (Chop) is mandatory |
| Data Privacy | GDPR (High Individual Control) | PIPL (High State/National Security focus) |
| Environmental | Implicit in various laws | "Green Principle" codified in Civil Code |
Strategic Advice for hirelawfirm.cn
When presenting this to German clients, emphasize that while the structure is familiar, the execution is local.
Web Copy Idea: "We speak BGB but practice PRC. Our firm helps German Mittelstand companies translate their expectations into the reality of the Chinese judicial system."
