private and public law have been separated for many centuries ago.With regard to this distinction, there are many theories and opinions.The concept of the rule of law can be realized only in the consideration of either group.Do all legal systems, one can observe this division?Yes, virtually all.
private and public law
What is this division?It is associated with the distribution to groups that help to systematize the law, are necessary to ensure the public interest (meaning the interests of the state), public and private.
course, the basis of public law - Public authority.She may have only the state.The right to private purpose is to protect and meet the interests of the owners, who are equal and free.No one doubts that it has received just after the formation of the institution of private property, as well as the relations that have arisen on the basis of this institution.
There are various ways to systematize the rules of private law.
private and public law are in a certain ratio to each other.This ratio is shown in the following:
- private law is a set of rules and regulations protecting the interests of the owners - the subjects of the market.Also they regulate the relations related to the process of exchange and production.Public law related to the adjustment and fixing of the order of public authorities, the formation of the higher authorities, other government agencies, the activities of the judiciary, and so on;
- public law is the basis of the private.The second can not be done without first;
- both groups have close ties standards.In most cases, separation is purely arbitrary.
right quotient is personally free.Subjects can implement it in a completely random directions.
distribution of intangible and material wealth - the main function of private law.It also records both for the individual subject.
The main function of the public law is the regulation of social relations by means of original decrees emanating from the state.
private and public law, acting as legal institutions in maintaining the balance of social institutions play a positive role.They do public relations Bole flexible, helping them to develop in the right direction to strengthen the institutions protecting the rights and freedoms of citizens.
Private law is the basis of market economy and entrepreneurship.At the same time it is now divided into corporate and contract.
public law designed to protect the interests of the state and inter-state and private - is needed to create a single legal space.
to public law characterized by the following features:
- his subjects are in a relationship of subordination.The same applies to the passed normative-legal acts;
- in most cases it is used peremptory norms;
- the focus is always on the satisfaction of various kinds of social relations;
- will in this case is one-sided.
to private law characterized by the following features:
- the will is a free two-way.Use a form of contract;
- hand in any case equal to each other;
- used rules are dispositive;
- everything is done for private interests.
In general, it is worth noting that the theory of the state law took discusses the concept of Roman law.Main provisions really developed during the Roman Empire.
