INFLUENCE OF THE CONSTITUTIONAL LAW ON CIVIL LITIGATION AND DEVELOPMENT OF LAW ON THE EXAMPLE OF GENERAL RIGHT OF PRIVACY

Abstract

The article is a brief overview of the development of German case law on the establishment of general right of privacy. As a result of the analysis of the historical excursion, the main focus is on the study of the operation of constitutional law in the private legal space on the example of the general individual right. It is clear that the German legal system has come a long way in the civil legal recognition of the general right of privacy, to which judicial practice played a major role. This was made possible by the adequate application and interpretation of the provisions of the constitutional law in private law relations in early case law. For its part, the application of the Constitutional law in the private legal area has made it easier for the German Federal Supreme Court
(BGH) to overcome the “obstructive” and rigid provisions of the German Civil Code. Naturally, the founding decisions of the German Federal Supreme Court (BGH) were not uniform in this regard. Further developments in case law show that the court in the
early years took a cautious and orienting approach to substantiating the connection between private law and the Constitutional law, and only years later it became possible to establish a functional connection between them. Thus, the article is based on an analysis of case law, which is interestingly combined with conceptual details related to the important findings of the author.