• Tuesday July 14,2020

Private right

We explain to you what private law is and what its branches are. In addition, the differences between public law and private law.

Private law regulates private acts among private citizens.
  1. What is private law?

The private right is a branch of positive law (the one explicitly contemplated in the laws and legal bodies written) that is dedicated to the regulation of the different activities and relationships between private citizens, based on a situation of legal equality between them.

Private law distinguishes itself from public law, which deals with state relations, although it is also tied to situations in which the public administration acts as a private individual. more (and not as the normative state). This distinction between both currents of law dates back to ancient times (the jurisprudence of the Roman Empire) and is fundamental to the systematization of law as we understand it today.

This branch of law is governed by two fundamental precepts, which are:

  • Autonomy of the will . It stipulates that the interactions between people, in the search of their own interests, are carried out of their own free will, without the presence of coercion, deceit, violence or obligation. Only in this way can they be legally valid, provided they do not contradict the provisions of any legal system.
  • Equality before the law . In private acts, the subjects of law submit to the same legal framework and are at an equal point before the law, that is, neither escapes the latter's design nor can they demand anything from the other without an agreement. of wills.

See also: Commercial Law.

  1. Branches of private law

Private law includes the following branches or categories:

  • Civil law Also called "common law", it regulates the legal relations and transactions between people, as well as what involves their rights, freedoms, assets or transmission of these.
  • Commercial Law It governs commercial transactions and exchanges of goods and services for money.
  • Labor Law Control and order the relationships between employers and workers.
  • Rural Law Regulates the issues of life in the countryside and agricultural production.
  • Private international law Regulates commercial transactions that occur between States and individuals of other nations, or between two States acting as individuals.
  1. Differences between public and private law

The rules promulgated by public law are rules of subordination.

The fundamental difference between public and private law, as we said, lies in the presence of the State . In principle, if the actions concern the State or the public administration, it will be an act of public law; while if they involve two or more individuals, personal or property matters of third parties, it will be an act of private law.

This means, in concrete terms, that the norms promulgated by public law are norms of subordination, since the State is the guarantor of the social pact and is the one who must ensure compliance with the laws and the provisions of the National Constitution, including watching himself.

On the other hand, the norms of private law are names of coordination, since they serve to agree or regulate the negotiations between two independent and equal parties before the law, to guarantee that neither exercises undue actions on the other.

There is also the possibility that the State itself acts as a private individual, buying or selling goods and services, negotiating with other States or with international individuals, etc. In those cases, too, we will talk about private law, since the State will submit as any person to the terms of equality before the law and autonomy of the will.

See more: Public Law.

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