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June 14th, 2018 Comments

How are Private and Public Law Connected

The criterion of dualism between private and public law is that some legal rules, although falling under private law, do not always ensure equality for legal entities. These relations, howevermississauga criminal law firm, are not relations of power and subordination in the public legal sense.

Another distinction indicates as a criterion whether a legal entity is a state body or not. However, this theory is not satisfactory because the public authorities can enter both public and private legal relationships.


Some professionals even go so far as to deny the distinction between private and public rights.

What distinguishes civil law from other branches of private law is the subject of regulation. Regarding the subject of regulation, there are two things:

1. According to the first, the subject of civil law is what affects its legal norms (i.e. the type of public relations that is regulated). Hence, the conclusion that civil law regulates property relationships between civil entities and related personal property relations. This opinion objects to the fact that the subject of regulation cannot be determined by means of non-legal remedies.

2. According to the second argument, the subject-matter of civil law is the legal status of civil legal entities and the legal relationship of equality between them.

Definition of civil law - civil law as a branch of law is a set of legal rules governing the status (legal status) of civil legal entities and the legal relations between them.

A system of civil law - the system of civil law, this is the way of organizing the norms falling under civil law. Arrangements generally follow as follows: civil law, together with commercial law and private international law, is the private law sector. The civil law divisions are called branches. These include bond law, property law, copyright, family and inheritance law, and some general civil law. These branches include commercial law and civil law is not a separate branch of civil law. The distinction of branches is according to the subject matter they regulate.

System of civil law general part - the system of civil law a common part includes rules on norms, i.e. those rules which govern when a civil law norm takes effect, when it is repealed, the rules on its interpretation, and so on. Here is also the theory of civil relations - which legal facts give rise to it, how to protect the subjective rights, the subjects of civil law,

Civil law, a general part is not a branch of civil law but is a set of legislative norms that govern civil law in a general way (these legislative norms are contained in the General part of the Law on Obligations and Contracts). Such is the system of civil law and the pendent system, which also includes our legal system.

Another system for systematization of legal norms (and in particular civil law) is the institutional one (e.g. Napoleon's civil code). It distinguishes a common part and three special parts - for persons, property and other types of property and the ways of acquiring them.

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Source: http://passipatelca.blogspot.com/2018/06/how-are-private-and-public-law-connected.html

 

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