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Private Law

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The private law is one that's responsible for regulating relations between individuals, which are raised in their own name and profit. It's a branch of law constituted by civil law and commercial law, among others.

Civil law regulates the private relations of citizens with each other, usually to protect the interests of the person in the moral and patrimonial order. Commercial law or commercial law, meanwhile, deals with the regulation of relationships related to persons, acts, places and trade contracts.

Private law may be opposed, for analytical purposes, to public law, which studies the legal order of the links between citizens and the public power, and between the different public power bodies among themselves.

In any case, it's important to bear in mind that, beyond governing relations between individuals, private law also regulates relations between citizens and the State in cases where the latter acts as a private individual and doesn't exercise his or her public authority.

Difference between Public Law and Private Law

The separation between private law and public law has been disappearing over time, specially since the public administration began outsourcing several of its activities in companies subject to private law. However, certain characteristics of each of them can still be pointed out.

The fundamental principles of private law are the autonomy of will (each of the parties pursues their own interests) and the principle of equality (the subjects of law are on a level of equality within the framework of private acts).

When the most important subject of a relationship is the State, public and private law is discussed if it's a private person; This is recorded in the theory of interest developed by Ulpiano, which is considered one of the most classic and solid.

In any case, this theory isn't entirely accepted since it's considered that it seems to refer to economic goods and, clearly, they aren't the only ones existing; In addition, in many cases public and private interests aren't clearly delimited, so this theory could not contribute to the clarification of a situation framed in this situation.

Due to these contradictions, other theories have emerged over time, some of them are:

* The theory of the end: expresses that public law takes place when it comes to regulating the structure or operation of a State agency and its relations and private law when what must be regulated is the relationship between individuals.

* The theory of the subject or recipient of the property right: it's more specific than the previous ones and is based on various kinds of property and the subject who owns them. The classes are called: public property (the owner is the State and public law follows from it), collective property (the owner is the whole community and collective law follows from it) and private property (the owner is a private individual). and it follows private law).

There are other theories, however these are the most relevant. Finally, it's worth mentioning that civil law is also understood as private law, that is, one that contemplates certain individual principles such as property and family relations and regulates the most general and ordinary issues of life.


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