Private law: Difference between revisions
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== | {{distinguish|Private bill}} | ||
The | '''Private law''' is that part of a [[Civil law (legal system)|civil law]] [[legal system]] which is part of the ''[[jus commune]]'' that involves relationships between individuals, such as the law of [[contract]]s or [[tort]]s,<ref name="Mattei">{{cite web|url=http://www.common-core.org/index.php?option=com_content&view=article&id=46&Itemid=34|title=The Project - Delivered at the first general meeting on July 6 1995 - The Trento Common Core Project|last=Mattei|first=Ugo|coauthors=Bussani, Mauro |date=18 May 2010|work=The Common Core of European Private Law|publisher=Common Core Organizing Secretariat, [[The International University College of Turin]] |accessdate=8 September 2011|location=Turin, Italy}}</ref> as it is called in the [[common law]], and the [[law of obligations]] as it is called in [[Civil law (legal system)|civilian legal systems]]. It is to be distinguished from [[public law]], which deals with relationships between [[natural person|natural]] and [[Juristic person|artificial persons]] (i.e., [[individual]]s, [[business entity|business entities]], [[non-profit organization]]s) and the [[State (polity)|state]] including regulatory [[statute]]s, [[penal law]] and other law that effects the [[public order]]. | ||
In general terms, public law involves interrelations between the state and the general population, whereas private law involves interactions between private citizens. | |||
==Private law in common law jurisdictions== | |||
The concept of private law in [[common law]] countries is a little more broad, 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 [[tort]]s are governed by private law, and are not considered to be within the scope of [[public law]]. | The concept of private law in [[common law]] countries is a little more broad, 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 [[tort]]s are governed by private law, and are not considered to be within the scope of [[public law]]. | ||
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*[[Corporations law]] | *[[Corporations law]] | ||
*[[Competition law]] | *[[Competition law]] | ||
==References== | |||
{{Reflist}} | |||
== See also == | == See also == | ||
Revision as of 16:04, 19 October 2011
Not to be confused with Private bill.
Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts,[1] as it is called in the common law, and the law of obligations as it is called in civilian legal systems. It is to be distinguished from public law, which deals with relationships between natural and artificial persons (i.e., individuals, business entities, non-profit organizations) and the state including regulatory statutes, penal law and other law that effects the public order.
In general terms, public law involves interrelations between the state and the general population, whereas private law involves interactions between private citizens.
Private law in common law jurisdictions
The concept of private law in common law countries is a little more broad, 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.
Areas of private law
- Civil law
- Contract law or law of obligations
- Law of torts
- Property law
- Family law family-related issues and domestic relations including, but not limited to marriage, civil unions, divorce, spousal abuse, child custody and visitation, property, alimony, and child support awards, as well as child abuse issues, and adoption.
- Succession, estate, probate, and testamentary laws
- Law of agency
- Labour law
- Commercial law
- Corporations law
- Competition law
References
- ↑ 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. http://www.common-core.org/index.php?option=com_content&view=article&id=46&Itemid=34. Retrieved 8 September 2011.