Private right

The private law refers to the set of legal doctrines and rules governing relations between individuals of character private . It is very different from public law, which covers the relationship between the state and the individual. This type of law covers a number of key areas of the law: contracts, property, equity and trusts, torts, probate, and family law are among the most important. While many of the basic principles of private law derived from the common law created by judges, this is increasingly relies on the law of the law customaryor restructure it. Many relationships governed by private law are intimate in nature , such as family relationships, but it can also extend to encompass commercial and financial relationships .

What is private law

Private law consists of a branch of law that encompasses all kinds of situations related to individuals who are related to each other, it encompasses all the different norms and parameters between individuals and the State, if the latter participates on a private basis. It is based above all on civil law and is responsible for regulating the conduct of individuals when they act as owners of assets and as an element of the family or of a specific social group.

Characteristics

The main characteristics of private law are the following:

• It is based on the autonomy of freedom , which means that people can carry out any type of activity as long as the law does not prohibit it.
• It enjoys and is based on the equality of the parties , since all subjects are within the same plane.
• If the state participates, within private law, as a private person, then it will be devoid of all kinds of sovereignty .
• The different obligations arise through acts of responsible freedom on the part of individuals without there being any type of coercion on the part of the State.
• It is a national law , since each country is responsible for making its own rules in international law of a private nature.
• It is also a positive right because they look for a way to resolve the different conflicts that the laws present.

Legal nature of private law

It is based mainly on the private internal legal law of the State and on the sovereignty that it exercises over the States. It is based on the fact that the law must be nationalistic or internal , but, nevertheless, it could be divided into two groups, those that consider private international law as an international branch and those that consider it as a branch of public international law .

Background

The creation of private law dates back to ancient Rome . However, it is still under discussion whether private law is rather a branch of law with more modern origins . In Rome, despite these thoughts, legal cases were resolved with elements of a foreign nature. Other authors affirm that they have their origins in Greece , where there were three fundamental concepts, the law , the city and the citizens , aspects that made up the architecture of society .

History

Three aspects that speak to us of the application of the law in private cases are the treaty of Sardis and Ephesus , the defense of Isocrates and the contracts of Egypt . In Rome, the law of the quality of the person was applied to citizens and foreigners. It is believed that private law began in the century XI , with specialists in Roman law classical , and who were responsible for giving meaning to the words of the law to make clear the function of this.

objective

Its main objective is to regulate the different relationships that exist between individuals within a state. They intervene in processes of contracts for the sale or rental of goods within a public administration and a private party or company, taking into account the rules of commercial law .

Sources of private law

The sources of private law are: law , custom , jurisprudence , doctrine and the general principles of law itself.

Beginning

The fundamental principles contained in private law are autonomy of will , since each party involved pursues its own interests, and the principle of equality , since all individuals are in it within the framework of different private acts.

Purposes

The purposes of private law are to provide legal security to individual parties and the state . Provide legal security to achieve order , certainty and protection of assets. To be efficient to be able to be applied in courts if necessary, for this reason the rules must be considered as legitimate . Get stability and precision.

Importance

The greatest importance is that it promotes the need for equality among individuals , in which it seeks to achieve equity in the interpretation of different laws through the State and its administrations or government entities in a position of sovereignty.

Examples

Some examples in which private law is used are: fulfillment of contracts , marriages , professional relationships , order within private organizations , airspace law , legal status of individuals within the international field , relationships between parents and children .