Private law

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 civil legal systems). It is to be distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that affects the public order. In general terms, private law involves interactions between private citizens, whereas public law involves interrelations between the state and the general population.

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

See also

References

  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. Retrieved 8 September 2011.
Act of Congress

An Act of Congress is a statute enacted by the United States Congress. It can either be a Public Law, relating to the general public, or a Private Law, relating to specific institutions or individuals.

The term can be used in other countries with a legislature named "Congress", such as the Congress of the Philippines.

Civil law

Civil law may refer to:

Civil law (common law), the non-criminal branch of law in a common law legal system

Civil law (legal system), or continental law, a legal system originating in continental Europe and based on Roman lawPrivate law, the branch of law in a civil law legal system that governs relations among private individualsMunicipal law, the domestic law of a state, as opposed to international law

Civil law (common law)

Civil law is a branch of the law. In common law legal systems such as England and Wales, the law of Pakistan and the law of the United States, the term refers to non-criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law, as is law of property (other than property-related crimes, such as theft or vandalism). Civil law may, like criminal law, be divided into substantive law and procedural law. The rights and duties of persons (natural persons and legal persons) amongst themselves is the primary concern of civil law. It is often suggested that civil proceedings are taken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary damages or punitive damages may be awarded in civil proceedings. It was also formerly possible for common informers to sue for a penalty in civil proceedings.Because some courts have both civil and criminal jurisdiction, civil proceedings cannot be defined as those taken in civil courts. In the United States, the expression "civil courts" is used as a shorthand for "trial courts in civil cases".In England, the burden of proof in civil proceedings is, in general—with a number of exceptions such as committal proceedings for civil contempt—proof on a balance of probabilities. In civil cases in the law of the Maldives, the burden of proof requires the plaintiff to convince the court of the plaintiff's entitlement to the relief sought. This means that the plaintiff must prove each element of the claim, or cause of action in order to recover.

Commercial law

Commercial law, also known as trade law, is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales. It is often considered to be a branch of civil law and deals with issues of both private law and public law.

Commercial law includes within its compass such titles as principal and agent; carriage by land and sea; merchant shipping; guarantee; marine, fire, life, and accident insurance; bills of exchange, negotiable instruments, contracts and partnership. Many of these categories fall within Financial law, an aspected of Commercial law pertaining specifically to financing and the financial markets. It can also be understood to regulate corporate contracts, hiring practices, and the manufacture and sales of consumer goods. Many countries have adopted civil codes that contain comprehensive statements of their commercial law.

In the United States, commercial law is the province of both the United States Congress, under its power to regulate interstate commerce, and the states, under their police power. Efforts have been made to create a unified body of commercial law in the United States; the most successful of these attempts has resulted in the general adoption of the Uniform Commercial Code, which has been adopted in all 50 states (with some modification by state legislatures), the District of Columbia, and the U.S. territories.

Various regulatory schemes control how commerce is conducted, particularly vis-a-vis employees and customers. Privacy laws, safety laws (e.g., the Occupational Safety and Health Act in the United States), and food and drug laws are some examples.

Conflict of laws

Conflict of laws concerns relations across different legal jurisdictions between natural persons, companies, corporations and other legal entities, their legal obligations and the appropriate forum and procedure for resolving disputes between them. Conflict of laws especially affects private international law, but may also affect domestic legal disputes e.g. determination of which state law applies in the United States, or where a contract makes incompatible reference to more than one legal framework.

Kerala Law Academy

Kerala Law Academy (KLA), also referred to as Kerala Law Academy Law College (KLALC), is a private law college in Trivandrum, Kerala, India. Founded in 1967, it is the first, and was for many years the only, private law institution in the state. It is accredited by the Bar Council of India. and affiliated to the University of Kerala.

KLA has both the three year and the five-year LL.B programs (under the graduate stream of study) and the LL.M and M.B.L programs (under the post-graduate stream of study). The college has an active Moot Court Society and students of the society has also participated in various competitions held outside India. KLA also conducts a legal aid clinic to provide legal assistance to members of the underprivileged sections of the society.

Law of Canada

The Canadian legal system has its foundation in the English common law system, inherited from being a former colony of the United Kingdom and later a Commonwealth Realm member of the Commonwealth of Nations. The legal system is bi-jurisdictional, as the responsibilities of public (includes criminal) and private law are separated and exercised exclusively by Parliament and the provinces respectively. Quebec, however, still retains a civil system for issues of private law (as this domain falls within the exclusive jurisdiction of the provinces).

Both legal systems are subject to the Constitution of Canada. The federal government has jurisdiction over certain exclusive domains which are regulated exclusively by Parliament, as well as all matters and disputes between provinces. These generally include interprovincial transport (rail, air and marine transport) as well as interprovincial trade and commerce (which generally concerns energy, the environment, agriculture). The criminal law is an area of exclusive federal jurisdiction, and has its origins in the English common law. Prosecutions of most criminal offences are conducted by the provincial Attorneys General, acting under the Criminal Code.

Law of Denmark

Can the government stop a danish husband from sending money to his wife who is in Africa

Law of France

In academic terms, French law can be divided into two main categories: private law ("droit privé") and public law ("droit public"). This differs from the traditional common law concepts in which the main distinction is between criminal law and civil law.

Private law governs relationships between individuals. It includes, in particular:

Civil law (droit civil). This branch refers to the field of private law in common law systems. This branch encompasses the fields of inheritance law, civil law, family law, property law, and contract law.

Commercial law (droit commercial)

Employment law (droit du travail)Public law defines the structure and the workings of the government as well as relationships between the state and the individual. It includes, in particular:

Criminal law (droit pénal)

Administrative law (droit administratif)

Constitutional law (droit constitutionnel)Together, these two distinctions form the backbone of legal studies in France, such that it has become a classical distinction

Law of Germany

The Law of Germany (German: Recht Deutschlands), that being the modern German legal system (German: Deutsches Rechtssystem), is a system of civil law which is founded on the principles laid out by the Basic Law for the Federal Republic of Germany, though many of the most important laws, for example most regulations of the civil code (Bürgerliches Gesetzbuch, or BGB) were developed prior to the 1949 constitution. It is composed of public law (öffentliches Recht), which regulates the relations between a citizen/person and the state (including criminal law) or two bodies of the state and the private law (Privatrecht) which regulates the relations between two people or companies. It has been subject to a wide array of influences from Roman law, such as the Corpus Juris Civilis, to Napoleonic law, such as the Napoleonic Code.

Law of obligations

The law of obligations is one branch of private law under the civil law legal system and so-called "mixed" legal systems. It is the body of rules that organizes and regulates the rights and duties arising between individuals. The specific rights and duties are referred to as obligations, and this area of law deals with their creation, effects and extinction.

An obligation is a legal bond (vinculum iuris) by which one or more parties (obligants) are bound to act or refrain from acting. An obligation thus imposes on the obligor a duty to perform, and simultaneously creates a corresponding right to demand performance by the obligee to whom performance is to be tendered.

Max Planck Institute for Comparative and International Private Law

The Max Planck Institute for Comparative and International Private Law (Max-Planck-Institut für ausländisches und internationales Privatrecht, MPIPRIV) is a legal research institute located in Hamburg, Germany. It is operated by the Max Planck Society. Founded in 1949, it is the successor institution of the Kaiser Wilhelm Institute for Foreign and International Private Law, which was founded in 1926. Since 1956 it is based in Hamburg's district of Rotherbaum.

Private bill

A private bill is a proposal for a law that would apply to a particular individual or group of individuals, or corporate entity. This is unlike public bills which apply to everyone within their jurisdiction. Private law can afford relief from another law, grant a unique benefit or powers not available under the general law, or relieve someone from legal responsibility for some allegedly wrongful act. There are many examples of such private law in democratic countries, although its use has changed over time. A private bill is not to be confused with a private member's bill, which is a bill introduced by a "private member" of the legislature rather than by the ministry.

Public law

Public law is that part of law which governs relationships between individuals and the government, and those relationships between individuals which are of direct concern to society. Public law comprises constitutional law, administrative law, tax law and criminal law, as well as all procedural law. In public law, mandatory rules prevail. Laws concerning relationships between individuals belong to private law.

The relationships public law governs are asymmetric and unequal – government bodies (central or local) can make decisions about the rights of individuals. However, as a consequence of the rule of law doctrine, authorities may only act within the law (secundum et intra legem). The government must obey the law. For example, a citizen unhappy with a decision of an administrative authority can ask a court for judicial review.

Rights, too, can be divided into private rights and public rights. A paragon of a public right is the right to welfare benefits – only a natural person can claim such payments, and they are awarded through an administrative decision out of the government budget.

The distinction between public law and private law dates back to Roman law. It has been picked up in the countries of civil law tradition at the beginning of the nineteenth century, but since then spread to common law countries, too.

The borderline between public law and private law is not always clear in particular cases, giving rise to attempts of theoretical understanding of its basis.

Roman law

Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the Corpus Juris Civilis (AD 529) ordered by Eastern Roman Emperor Justinian I. Roman law forms the basic framework for civil law, the most widely used legal system today, and the terms are sometimes used synonymously. The historical importance of Roman law is reflected by the continued use of Latin legal terminology in many legal systems influenced by it, including common law.

After the dissolution of the Western Roman Empire, the Roman law remained in effect in the Eastern Roman Empire. From the 7th century onward, the legal language in the East was Greek.

Roman law also denoted the legal system applied in most of Western Europe until the end of the 18th century. In Germany, Roman law practice remained in place longer under the Holy Roman Empire (963–1806). Roman law thus served as a basis for legal practice throughout Western continental Europe, as well as in most former colonies of these European nations, including Latin America, and also in Ethiopia. English and Anglo-American common law were influenced also by Roman law, notably in their Latinate legal glossary (for example, stare decisis, culpa in contrahendo, pacta sunt servanda). Eastern Europe was also influenced by the jurisprudence of the Corpus Juris Civilis, especially in countries such as medieval Romania (Wallachia, Moldavia, and some other medieval provinces/historical regions) which created a new system, a mixture of Roman and local law. Also, Eastern European law was influenced by the "Farmer's Law" of the medieval Byzantine legal system.

Statutory law

Statutory law or statute law is written law set down by a body of legislature or by a singular legislator (in the case of absolute monarchy). This is as opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary.

Statutes may originate with national, state legislatures or local municipalities.

Tamil Nadu Dr. Ambedkar Law University

Tamil Nadu Dr. Ambedkar Law University is a public state university established in 1997 at Chennai, India by the Government of Tamil Nadu under the Tamil Nadu Dr. Ambedkar Law University Act, 1996, which also brought all law colleges in Tamil Nadu under the control of the university. It was named after Dr. B. R. Ambedkar, an Indian jurist and member of the committee which drafted the Constitution of India. The university was inaugurated on 20 September 1997 by K. R. Narayanan, former president of India. The university started a law school on its own campus in 2002 as the School of Excellence in Law, Chennai (SOEL).

UNIDROIT

UNIDROIT (formally, the International Institute for the Unification of Private Law; French: Institut international pour l'unification du droit privé) is an intergovernmental organization on harmonization of private international law; its projects include drafting of international conventions and production of model laws. As of 2018 UNIDROIT has 63 member states.

United States Statutes at Large

The United States Statutes at Large, commonly referred to as the Statutes at Large and abbreviated Stat., are an official record of Acts of Congress and concurrent resolutions passed by the United States Congress. Each act and resolution of Congress is originally published as a slip law, which is classified as either public law (abbreviated Pub.L.) or private law (Pvt.L.), and designated and numbered accordingly. At the end of a Congressional session, the statutes enacted during that session are compiled into bound books, known as "session law" publications. The session law publication for U.S. Federal statutes is called the United States Statutes at Large. In that publication, the public laws and private laws are numbered and organised in chronological order. U.S. Federal statutes are published in a three-part process, consisting of slip laws, session laws (Statutes at Large), and codification (United States Code).

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