We explain what private law is and what its branches are. In addition, the differences between public and private law.
Private law is a branch of positive law (that explicitly contemplated in written laws and legal bodies) that is dedicated to the regulation of the different activities and relationships between private citizens , based on a situation of legal equality between them.
Private law is distinguished from public law, which deals with the relations of the State , but also her concern situations where the administration public act more as a particular (and not the regulatory state). This distinction between both currents of law dates back to ancient times (the jurisprudence of the Roman Empire) and is fundamental to the systematization of law as we understand it today.
This branch of law is governed by two fundamental precepts, which are:
Private law includes the following branches or categories:
The fundamental difference between public and private law, as we said, lies in the presence of the State . In principle, if the actions concern the State or the public administration, it will be an act of public law; while if they involve two or more individuals, personal or property matters of third parties, it will be an act of private law.
This means, in concrete terms, that the norms promulgated by public law are norms of subordination , since the State is the guarantor of the social pact and is the one who must ensure compliance with the laws and the provisions of the National Constitution, including watching himself.
On the other hand, the norms of private law are names of coordination , since they serve to agree or regulate the negotiations between two independent and equal parties before the law, to guarantee that neither exercises undue actions on the other.
There is also the possibility that the State itself acts as a private individual, buying or selling goods and services, negotiating with other States or with international individuals, etc. In those cases, too, we will talk about private law, since the State will submit as any person to the terms of equality before the law and autonomy of the will.
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