The digital dawn of German law: from code to courtroom, tokenisation, case-law and the future

Germany’s legal system is currently undergoing a profound digital transformation that tests the adaptability of a traditionally codif ed and conceptually rigorous civil-law order. This article explores how German law responds to technological innovation not by allowing technology to redefine legal concepts, but by integrating new digital realities within established legal frameworks. The central argument is that the digitalisation of law in Germany follows an evolutionary, system-preserving approach, at least in the realm of private law: Rather than constructing a parallel digital code, legislators, courts and legal scholars reinterpret existing doctrines of contract, property and corporate law to accommodate blockchain, tokenisation and artificial intelligence. At the same time, the transformation of regulatory law has been far more dynamic, marked by the creation of new legal regimes governing financial markets, data and digital infrastructures. Together, these developments illustrate an approach of constructing a ‘hybrid legal infrastructure’ in which digital technologies are embedded under, rather than above, the rule of law, thereby preserving legal certainty while enabling technological progress.