Branches of Private Law

The private law is responsible for regulating the relations between private citizens , starting from a situation of legal equality between them. There are several branches that are born from private law, then we will know each one of them.

Private right

The Private Law is a branch of positive law that deals with regulating the different activities and relationships between private individuals , always on the basis of legal equality between them.

This right is distinguished from public law and this difference within the legal system of rules of public law and rules of private law was established in Roman law and is essential for the systematization of law as it is understood today. Private law refers to the relationships that arise between private parties , for example a contract of sale. On the other hand, public law deals with the study of the legal norms that govern a State and the norms that organize, supervise and regulate public bodies.

Characteristics of private law

Among the main characteristics of private law we can find:

• These are rules that affect the private world of people.
• Autonomy of the will: this implies that there is freedom of agreement between the parties, always with the limit of not doing what is prohibited by law.
• In this right there are no mandatory rules.
• The rules of private law are based on the equality of the parties. Unlike public law where the administration is in a position of power with respect to the individual.
• The broadest manifestation of private law is civil law
• The norms of private law are addressed to private citizens and not to public powers.
• The public powers can be affected by this regulation of private law in the occasions in which they act as a private person.
• It does not pursue the general interest but rather pursues the interest of private individuals.

Private law is governed by two precepts considered fundamental:

– Autonomy of the will : It implies that the relations between the parties, in the pursuit of their own interests, will be carried out of their own and free will, without the need for the presence of coercion, deception, violence or obligation. Only in this way can they have legal force, as long as it does not contradict what is established in any legal system.

– Equality before the law : This requirement is fundamental and establishes that in all private acts the subjects of law must be subject to the same legal framework and are at a point of equality before the law, this implies that none of the parties will be able to escape to the designs of the law nor will it be able to demand anything from the other party without a prior agreement of wills.

Branches of private law

Within private law we can find the following branches :

Civil law

This branch, also known as ” Common Law” and is in charge of regulating legal relationships and transactions between private citizens , as well as everything that involves their rights, freedoms, assets and the transmission of these. Civil law consists of a system of laws and norms that regulates everything related to people, the legal ties that are generated between them and private assets (assets, property, possession, succession, obligations and liabilities). contracts). In general, these laws are usually established in the civil code of each country.

Among the main characteristics of this branch of law we can find:

-It is a right of people and their relationships : therefore its main objective is to study and guide everything related to people, whether natural or legal, as well as ordering the relationships between them.

-It is a private right : this implies that it regulates, protects and protects the rights and interests of individuals and private parties, always respecting the principle of equality before the law.

-It is a common law : that is, it is in charge of studying and ordering general and common legal institutions that do not abide by special regulations.

-It is a general right:  this characteristic implies that all aspects, relationships and institutions that civil law deals with are the same for all individuals, regardless of their origin, religion, or education.

-It implies the autonomy of the will : this establishes that all the rules may be modified by individuals with their free will, with the exception of what is related to the family.

Commercial law

The commercial law is the branch that handles legal regulations related to commercial transactions and exchanges of goods and services. This branch aims to arbitrate before differences between individuals that have economic consequences. As business relationships often change, this branch of law must also adapt to the new circumstances of this modern world.

Labor law

The labor law is the branch of law that is responsible for controlling and ordering all relationships between employers and workers. It is the set of rules that regulates the obligations of the parties involved in an employment relationship . It is a bilateral right , since it regulates the relationship between the two parties to the contract, and it is a right dedicated to the working class, since it grants benefits to them and limits the powers of the employers in order to protect the worker and To be able to achieve social justice, this implies that it is a unitary and progressive right since it evolves along with social needs.

Rural Law

The rural law , also known as agrarian law , is the branch of law that deals with regulating all matters of life in the countryside and agricultural production. It is defined as the set of rules, regulations, laws and provisions that regulate the property and rustic territorial organization and agricultural holdings. It includes all the norms that regulate the legal relations of agriculture.

Private international right

The private international law is responsible for regulating commercial transactions that are generated between States and individuals of other nations or between two State acting as individuals. It deals with international legal matters that occur between different states (resolution of conflicts of international jurisdiction, conflicts of international laws, international procedural cooperation and the legal status of foreigners, among others). Private international law interferes in areas in which there is a private interest or that occurs between private parties.