Difference Between

Difference Between Public And Private Law

Public Law Governs the relationship between individuals and the state, including constitutional, administrative, and criminal law. Private Law Regulates disputes between individuals or entities, encompassing areas such as contracts, property, and torts.

Difference between public law and private law:

  • In public law, heteronomy and mandatory norms dominate.
  • In private law, the self-composition of conflicting interests and the rules established by the parties in the case of a contract prevail.
  • In private law equality is assumed for both parties.
  • In public law there is inequality between the person and the State.
  • The rules of private law tend to favor the interests of individuals.
  • The norms of public law seek to satisfy the interests of the State.

Public Law:

It is part of the legal system responsible for regulating the relationships between private persons or entities with the bodies that represent the public power of a State when they act in the exercise of their legitimate powers per the established legal procedure.

Its mandates are not subject to the autonomy of will exercised by the parties, that is, they are not modified by the parties in use of their autonomy of will. Its mandates are inalienable and mandatory and must be followed by the entire population.

This type of law also refers to the regulation of public bodies among themselves.

Private Law:

It is the part of law concerned with legal relationships between individuals, that is, none of the parties is the State or is a public body. This does not exclude the State from intervening in the regulation of the rights and duties existing among its citizens.

The role of judge corresponds to the State.

All legal relationships between individuals and the state when the latter acts without exercising public power are governed by private law.

This type of right is based on the autonomy of will in which the people in relationships carry out acts based on their own will, free of coercion, deception, fraud and vices.

 

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