Private Law
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Private law refers to the set of legal doctrines and rules governing relationships between private individuals. It is very different from public law, which covers the relationship between the state and the individual. This type of law covers a number of key areas of law: contracts, property, equity and trusts, grievances, succession and family law are among the most important. While many of the basic principles of private law derive from the common law created by judges, it increasingly relies on or restructures customary law . Many relationships governed by private law are intimate in nature, such as family relationships, but may also extend to commercial and financial relationships .
Private law is the type of law whose function is to regulate private relations between individuals in order to protect moral and patrimonial interests. It is a branch of civil and commercial law.
Private law consists of a branch of law that encompasses all kinds of situations related to particular individuals who are related to each other, encompassing all the different norms and parameters between individuals and the State, if it participates in a particular function. It is based primarily on civil law and is responsible for regulating the individualās conduct when acting as the owner of a patrimony and as an element of the family or a particular social group.
The main characteristics of private law are as follows:
It is based mainly on the internal private legal law of the State and on the sovereignty it exercises over the States. It is based on the fact that the law must be nationalistic or internal , but nevertheless, it could be divided into two groups, those that consider private international law as an international branch , and those that consider it as a public international law branch .
The creation of private law dates back to ancient Rome . However, whether private law is rather a branch of law with more modern origins, is still under discussion. In Rome, despite these thoughts, legal cases were resolved with foreign natural elements. Other authors affirm that its origins are in Greece , where there were three fundamental concepts, the law , the city and the citizens , aspects that shaped the architecture of society .
Three aspects which speak to us about the application of law in private cases are the Treaty of Sardis and Ephesus , the defense of Socrates and the Egyptian contracts . In Rome, the quality of person law was applied to citizens and foreigners. It is believed that private law began in the eleventh century , with specialists in classical Roman law , as they were responsible for giving meaning to the law words to make clear the function of this.
Its main objective is to regulate the different relationships between individuals within a state. They intervene in contracts of sale or rental of goods within a public administration, and a private party or society, taking into account the rules of commercial law .
The sources of private law are: law , custom , jurisprudence , doctrine and the general principles of law itself.
The fundamental principles of private law are the autonomy of will , as each party pursues its own interests, and the principle of equality , as all individuals find themselves in it within the framework of the various private acts.
The purposes of private law are to provide legal certainty for individual parties and the state . To provide legal security in order to obtain security, certainty and property protection . To have efficiency to be able to be applied in courts if necessary, for such reason the norms must be considered as legitimate . Achieve stability and precision.
The greatest importance is that it promotes the need for equality among individuals , which seeks to achieve equity in the interpretation of different laws through the State and its administrations or government entities in a sovereign position.
Some examples in which private law is used are: enforcement of contracts, marriages, professional relationships , order within private organizations , airspace law , legal status of individuals within the international field , relationships between parents and children .
BriceƱo V., Gabriela. (2019). Private law . Recovered on 1 February, 2021, de Faqs.Zone: https://www.euston96.com/en/private-law/
Private law - Wikipedia
Private law | What is, about, characteristics, history, objective...
Private law ā Wikipedia Republished // WIKI 2
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What is Private Law ? (with pictures)
^ Mattei, Ugo; Bussani, Mauro (18 May 2010). "Theā Projectā -ā Deliveredā atā theā firstā generalā meetingā onā Julyā 6,ā 1995ā -ā Theā Trentoā Commonā Coreā Project" . The Common Core of European Private Law . Turin, Italy: Common Core Organizing Secretariat, Theā Internationalā Universityā Collegeā ofā Turin . Retrieved 8 September 2011 .
^ VĆ©rtesy, LĆ”szlĆ³ (2007). "The Place and Theory of Banking Law - Or Arising of a New Branch of Law: Law of Financial Industries". Collega . 2-3. XI. SSRN Ā 3198092 .
This page was last edited on 9 January 2021, at 18:22
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PriĀvate law is that part of a civilā law legalā sysĀtem which is part of the jusā comĀmune that inĀvolves reĀlaĀtionĀships beĀtween inĀdiĀvidĀuĀals, such as the law of conĀtracts and torts [1] (as it is called in the comĀmonā law ), and the lawā ofā obligĀaĀtions (as it is called in civilā legalā sysĀtems ). It is to be disĀtinĀguished from pubĀlicā law , which deals with reĀlaĀtionĀships beĀtween both natĀural and arĀtiĀfiĀcialā perĀsons (i.e., orĀgaĀniĀzaĀtions) and the state , inĀcludĀing regĀuĀlaĀtory statutes , penalā law and other law that afĀfects the pubĀlicā order . In genĀeral terms, priĀvate law inĀvolves inĀterĀacĀtions beĀtween priĀvate inĀdiĀvidĀuĀals, whereas pubĀlic law inĀvolves inĀterĀreĀlaĀtions beĀtween the state and the genĀeral popĀuĀlaĀtion.
One of the five capĀiĀtal lawyers in Roman law, DomiĀtiusā UlpiĀanus , (170ā223) ā who difĀferĀenĀtiĀated ius pubĀlicum verĀsus ius priĀvaĀtum ā the EuĀroĀpean, more exĀactly the conĀtiĀnenĀtal law, philosoĀphers and thinkers want(ed) to put each branch of law into this diĀchotomy: PubĀlic and PriĀvate Law. [2] " huius studĀdii duƦ sunt poĀsiĀtiones: pubĀlicum et priĀvaĀtum. PubĀlicum ius est, quod staĀtum rei RomanƦ specĀtat, priĀvaĀtum, quod ad sinĀguĀloĀrum utilĀiĀtatem; sunt enim quƦdam pubĀlice utila, quƦdam privatim ". (PubĀlic law is that, which conĀcerns Roman state, priĀvate law is conĀcerned with the inĀterĀests of citĀiĀzens.) In the modĀern era Charles-Louisā MonĀtesquieu (1689ā1755) amĀpliĀfied supremely this disĀtincĀtion: InĀterĀnaĀtional (law of naĀtions), PubĀlic (politic law) and PriĀvate (civil law) Law, in his major work: (On)ā Theā Spiritā ofā theā Law (1748). "ConĀsidĀered as inĀhabĀiĀtants of so great a planet, which necĀesĀsarĀily conĀtains a vaĀriĀety of naĀtions, they have laws reĀlatĀing to their muĀtual inĀterĀcourse, which is what we call the law of naĀtions. As memĀbers of a soĀciĀety that must be propĀerly supĀported, they have laws reĀlatĀing to the govĀerĀnors and the govĀerned, and this we disĀtinĀguish by the name of politic law. They have also anĀother sort of law, as they stand in reĀlaĀtion to each other; by which is unĀderĀstood the civil law."
The conĀcept of priĀvate law in comĀmon law counĀtries is a litĀtle more broad, in that it also enĀcomĀpasses priĀvate reĀlaĀtionĀships beĀtween govĀernĀments and priĀvate inĀdiĀvidĀuĀals or other enĀtiĀties. That is, reĀlaĀtionĀships beĀtween govĀernĀments and inĀdiĀvidĀuĀals based on the law of conĀtract or torts are govĀerned by priĀvate law, and are not conĀsidĀered to be within the scope of pubĀlic law.
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