Wikipedia

Private law

Not to be confused withPrivate billorPrivate member's bill.

Private lawis that part of acivil lawlegal systemwhich is part of thejus communethat involves relationships between individuals, such as the law ofcontractsandtorts[1](as it is called in thecommon law), and thelaw of obligations(as it is called incivil legal systems). It is to be distinguished frompublic law,which deals with relationships between bothnaturalandartificial persons(i.e., organizations) and thestate,including regulatorystatutes,penal lawand other law that affects thepublic order.In general terms, private law involves interactions between private individuals, whereas public law involves interrelations between the state and the general population.

Concept

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One of the five capital lawyers inRoman law,Domitius Ulpianus,(170–223) – who differentiatedius publicumfromius privatum– the European, more exactly the continental law, philosophers and thinkers want(ed) to put each branch of law into this dichotomy:Publicand Private Law.[2]"huius studdii duæ sunt positiones: publicum et privatum. Publicum ius est, quod statum rei Romanæ spectat, privatum, quod ad singulorum utilitatem; sunt enim quædam publice utila, quædam privatim".(Public law is that which concerns the Roman state, private law is concerned with the interests of citizens.)

In the modern era,Charles-Louis Montesquieu(1689–1755) amplified supremely this distinction: International (law of nations), Public (politic law) and Private (civil law) Law, in his major work:(On) The Spirit of the Law(1748). "Considered as inhabitants of so great a planet, which necessarily contains a variety of nations, they have laws relating to their mutual intercourse, which is what we call the law of nations. As members of a society that must be properly supported, they have laws relating to the governors and the governed, and this we distinguish by the name of politic law. They have also another sort of law, as they stand in relation to each other; by which is understood the civil law."

Private law in common law jurisdictions

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The concept of private law in common law countries is a little broader, in that it also encompasses private relationships between governments and private individuals or other entities. That is, relationships between governments and individuals based on the law of contract or torts are governed by private law, and are not considered to be within the scope of public law.

European Union law

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TheEuropean Commissionand theEuropean Councilhave stated a desire to achieve greaterapproximationof private law across its (now) 27member states of the European Union,including within the fields of contract law, property law and family law. In regard to contract law, it the Commission and Council have argued that there are problems resulting from divergences in this field of law across the EU, and in regard to family law, the Council suggests that this field is "a possible subject for a discussion on... approximation".[3]

Areas of private law

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See also

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References

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  1. ^Mattei, Ugo; Bussani, Mauro (18 May 2010)."The Project - Delivered at the first general meeting on July 6, 1995 - The Trento Common Core Project".The Common Core of European Private Law.Turin, Italy: Common Core Organizing Secretariat,The International University College of Turin.Retrieved8 September2011.
  2. ^Vértesy, László (2007). "The Place and Theory of Banking Law - Or Arising of a New Branch of Law: Law of Financial Industries".Collega.2-3. XI.SSRN3198092.
  3. ^EUR-Lex,Communication from the Commission to the European Parliament and the Council: A More Coherent European Contract Law - An Action Plan,2003/C 63/01, published 15 March 2003, accessed 16 September 2023
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