regulated by administrative and police law decisions. Criminal law sanctions and police enforcement supported their execution.303 The introduction in 1900 of the Bürgerliches Gesetzbuch (bgb) did not fundamentally change anything in this respect, but let the particular rules, including the Gesinderecht, remain untouched (Art 95 egbgb ).This was not due to any oversight by the legislature; on the contrary it was emphasised that the great civil code should only consider the general principles, and thus leave intact the special statutes on labour relations. Moreover, the BGB, had a “codification gap” in so far as the modern contract of employment was not given any specific regulation.The closest equivalent of the issue was found in section 611-630 regarding contracts for service, Dienstvertrag, which was defined under the heading of “single obligatory relations” and again along with sale and rent.According to the code’s section 611 the working party of a Dienstvertrag was obliged to fulfil “the tasks promised”, while the other party had to pay the remuneration agreed upon.304 Section 242, the best known general clause in the code’s general part, stated that the debtor was bound to perform his contribution according to faith and honour in consideration of professional customs (“nach Treu und Glauben mit Rücksicht auf die Verkehrssitte es erfordern”). Thus the BGB accepted the originally Roman law (in Germany during the 19th century developed further by the “Pandectist” jurists) concepts of a locatio conductio model as well as a general principle of good faith. This model had already in its main aspects been found in other countries’ private law codes. However, under the influence of critical standpoints from left and right, in its sections 617-618, the German Code also added the recognition that the parties to the contract had unequal positions of power and that the workforce was not to be considered solely p a r t i v, c h a p t e r 6 150 303 Münchener Handbuch zum Arbeitsrecht 1992, p. 14. 304 “Durch den Dienstvertrag wird derjenige, welcher Dienste zusagt, zur Leistung der versprochenen Dienste, der andereTeil zur Gewährung det vereinbartenVergütung verpflichtet.” BGB, section 611. Münchener Handbuch zum Arbeitsrecht 1992, pp. 5-6
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