Private and public law were demarcated a lotcenturies ago. There are many theories and views about this distinction. The concept of norms of law can be realized only when considering both groups. In all legal systems, can this division be observed? Yes, almost in all.
Private and public law
What is this division?It is associated with the distribution of groups that help to systematize the rules of law necessary to ensure public interests (referring to the interests of the state), public and private.
Of course, the basis of public law is publicpower. Only the state can have it. Private law is called upon to protect and satisfy the interests of owners who are equal and free. Nobody doubts that it was developed precisely after the establishment of the institution of private property, as well as the relations that arose on the basis of this institution.
There are various ways to systematize private law.
Private and public law are in a certain relationship with each other. This ratio is manifested in the following:
- private law is a set of norms,protecting and regulating the interests of owners - market entities. They also regulate the relations associated with the process of exchange or production. The norms of public law are related to the regulation and consolidation of the order of work of public authorities, the formation of higher authorities, other public institutions, the activities of justice bodies and so on;
- Public law is the basis of the private. The second can not be carried out without the first;
- both groups of norms have the closest relationship. In most cases, the separation is purely conditional.
Private law is personal-free. Subjects can realize it in completely arbitrary directions.
The distribution of intangible and material goods is the main function of private law. It also fixes both for specific subjects.
The main function of public law is to regulate social relations with the help of original decrees emanating from the state.
Private and public law, acting aslegal institutions, in maintaining the balance of social institutions play a positive role. They make public relations more flexible, help them develop in the right directions, strengthen the institution of protection of citizens' rights and freedoms.
Private law underlies the market economy and entrepreneurship. With all this, today it is divided into corporate and contractual.
Public law is designed to protect interstate and state interests, and the private one is necessary to create a single legal space.
The following features are typical for public law:
- its subjects are in a relationship of subordination. The same applies to the regulatory acts issued by them;
- in most cases, it is imperative norms;
- the emphasis is always on satisfying various kinds of social relations;
- the will is in this case one-sided.
For private law, the following features are characteristic:
- will expression is free bilateral. A contractual form is used;
In any case, the parties are equal;
- the norms used are optional;
- everything is done for the implementation of private interests.
In general, it is worth noting that the theory of state law took the concepts under consideration from Roman law. The basic provisions did exist even in the time of the Roman Empire.
