He private right He is the one who takes care of regulate relationships between individuals , which are raised in their own name and benefit. It is a branch of right constituted by the civil law and the commercial law , among other.
Civil law regulates the private relations of citizens with each other, usually to protect the interests of the person in the moral and heritage order. Commercial law or commercial law, meanwhile, deals with the regulation of relationships related to persons, acts, places and contracts of the Commerce .
Private law may be opposed, for analytical purposes, to public Law , which studies the legal system of the links between citizens and the public power, and between the different public power organizations among themselves.
In any case, it is important to bear in mind that, beyond governing relations between individuals, private law also regulates relations between citizens and State in cases where he acts as a private individual and does not exercise his public authority.
Difference between Public Law and Private Law
The separation between private law and public law has been disappearing over time, especially since the public administration began to outsource several of its activities in companies subject to private law. However, certain characteristics of each of them can still be pointed out.
The fundamental principles of private law are the autonomy of will (each party pursues its own interests) and the principle of equality (Law subjects are on an equal level in the framework of private acts).
When the most important subject of a relationship is the State speaks of public law and private if it is a private person; This is recorded in the theory of interest developed by Ulpiano, which is considered one of the most classic and solid.
In any case, this theory is not entirely accepted since it is considered that it seems to refer to economic goods and, clearly, they are not the only ones existing; In addition, in many cases public and private interests are not clearly delimited, so this theory could not help clarify a situation framed in this situation.
Because of these contradictions it is that over time other theories have emerged, some of them are:
* The theory of the end: expresses that public law takes place when it comes to regulating the structure or operation of a State agency and its relations and private law when what must be regulated is the relationship between individuals.
* The theory of the subject or recipient of the property right: It is more specific than the previous ones and is based on various kinds of property and the subject who owns them. The classes are called: public ownership (the owner is the State and it follows from public law), collective property (the owner is the entire community and the collective law follows from it) and private property (The owner is a private individual and private law follows from it).
There are other theories, however these are the most relevant. Finally, it is worth mentioning that civil law is also understood as private law, that is, one that contemplates certain individual principles such as property and family relations and regulates the most general and ordinary issues of life.