Private law
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Private law is that part of a
Concept
One of the five capital lawyers in Roman law, Domitius Ulpianus, (170–223) – who differentiated ius publicum from ius privatum – the European, more exactly the continental law, philosophers and thinkers want(ed) to put each branch of law into this dichotomy: Public and Private Law.[2] "huius studdii duæ sunt positiones: publicum et privatum. Publicum ius est, quod statum rei Romanæ spectat, privatum, quod ad singulorum utilitatem; sunt enim quædam publice utila, quædam privatim". (Public law is that which concerns the Roman state, private law is concerned with the interests of citizens.)
In the modern era,
Private law in common law jurisdictions
The concept of private law in common law countries is a little broader, 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.
European Union law
The
Areas of private law
- Agricultural law
- Business law
- Civil law
- Law of obligations
- Contract law
- Tort law
- Law of unjust enrichment and quasi-contracts
- Trust law
- Law of agency
- Property law
- Family law - family-related issues and domestic relations including marriage, civil unions, divorce, spousal abuse, child custody and visitation, property, alimony, and child support awards, child abuse issues, and adoption.
- Succession - estate planning, testate and intestate succession, probate, and law of wills
- Law of obligations
- Consumer protection
- International private law
- Labour law
- Some aspects of transport law, for example contracts of carriage
See also
- International Institute for the Unification of Private Law
- International Journal of Private Law
- Polycentric law
- Private law society
- Social law
References
- The International University College of Turin. Retrieved 8 September 2011.
- SSRN 3198092.
- ^ EUR-Lex, Communication from the Commission to the European Parliament and the Council: A More Coherent European Contract Law - An Action Plan, 2003/C 63/01, published 15 March 2003, accessed 16 September 2023