Private Law


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Private Law

 

in the bourgeois theory of law, the norms regulating certain relations, including property relations, between private individuals and also governing relations in which the state and its agencies act not as bearers of public authority but as parties to contractual relations. Private law includes the norms of civil, commercial, and family law.

Whereas public law governs relationships of authority and subordination, private law deals with the relations of formally equal persons. Its subjects enjoy considerable economic and legal autonomy, and the protection of private interests is exercised only on the initiative of the interested persons themselves.

Bourgeois jurists treat private law as “a manifestation of the freedom of the individual” and of purportedly equal possibilities for all. The division of law into private and public, however, reflects the conflict between private and public interests in societies that are marked by antagonism among classes. As K. Marx and F. Engels noted, “Private law develops simultaneously with private property out of the disintegration of the natural community” (Soch., 2nd ed., vol. 3, p. 63). Private law is based on the law of private property, which evolved under Roman law and is fully developed and protected by capitalism; under capitalism the law of private property is declared to be “holy and inviolable.”

In the modern era, the development of state monopoly capitalism and the increasing interference of the bourgeois state in the capitalist economy have led to a blurring of the sharp distinction between public and private law as private law is “made public.”

The socialist legal system does not distinguish between public and private law.

References in periodicals archive ?
Just as a subject-based private law exception has largely been rendered
The Private Law Group is immensely proud of the above achievements and is confident that its recent success will provide a sound basis for the future growth and development of the group.
Firstly, all SOEs have separate legal status through creation under public law, private law or special instruments.
Although private law mainly protects private interests, it sometimes takes public interest arguments into account in determining the scope and content of the rights and remedies it provides.
Why, after all, should public law deal with private law obligations?
Even if a return to available toolkits seems to be the only possible strategy in light of the large-scale absence of effective public-law structures in transnational settings, the degree to which complex and fast-evolving transnational regulatory regimes can be adequately mapped along the delineations of public or private law remains unclear.
To help focus consideration of these questions, I will approach private law mostly through property.
(24) Based precisely on this relational character of private law, contemporary neo-Kantian scholars have developed the modern private law categories of contract, (25) tort, (26) unjust enrichment (27) and the law of property.
Part I is a brief overview of how that jurisprudential view came to be, as well as a sketch of a competing view of private law as individual justice.
Private law enforcement officers have collected a total of BGN 2.8 since 2005, the year of their establishment, while the amount will topple BGN 1 B only in the course of 2012.
It therefore seems reasonable to suggest that the ordoliberal scheme of the society of private law says that the state is ensured powers only as long as they are necessary for defending the functioning of the private mechanisms.
"We also handle every aspect of public law children work representing parents, local authorities and guardians, as well as dealing with all private law children disputes.