States of the modern world have their own legal systems, which are largely similar to each other, although they have a lot of distinctive features. In the process of formation, legal systems were created from existing legal sectors regulating various social relations. It should be noted that at the time of formation, certain industries already had their own structure, implementation methods, and also developed their own principles for acting on social relations. Depending on the subjects and subject, all legal branches were divided into two groups, each of which is an integral element of any legal system. One group includes the branches of law that regulate legal relations related to the direct participation of the state in the person of authorities. Another group consists of industries that influence legal relations between private individuals without government intervention. It is about the last set of industries, called private law, that will be discussed in this article.
The concept of private law
Many people consider private law exclusively as a branch of civil legal relations, which is fundamentally wrong, if only because private law is a structure. According to the scientific concepts developed at present, private law is a part of any legal system, thanks to which relations arising between private individuals are regulated. Thus, private law is a system of separate norms (legal branches) that protect the interests of a particular person in the process of its interaction with other private individuals. The presented concept of private law makes it possible to highlight a fundamental feature - public interest is not taken into account in these legal relations.
Legal families characterized by private law
Historically, not in every state private law stands out as a separate element. This can be most clearly seen in the example of the countries of the Anglo-Saxon and Muslim legal families.
The political doctrine of these states states that absolutely any part of the law is authorized by the state or created by it. Therefore, even in the private sector, public interest must be present. But in the countries of the Romano-German
legal family, a completely different approach. Here, the sphere of private law includes any type of legal relationship between private individuals who are assembled in entire branches, which greatly facilitates the practical activities of lawyers.
The history of private law - from ancient Rome to the present day
As we have already said, such factors as the interests of individuals and entities also belong to the sphere of private law. This feature was formed back in ancient Rome.
Titus Livy in his works pointed out that the main
source of Roman law, the code of laws of 12 tables, incorporated the norms of both public and private law. Thus, already in those distant times, lawyers divided the branches of law into two main groups. The basis of the division laid Ulpian. According to him, all that constitutes a benefit to the state is public law.
It follows that the interests of private individuals must be attributed to private law. Thanks to the activity of Roman scholars, an important principle of all private law was deduced - the equality of the parties among themselves. Given all of the above features, applies to the field of private law
the interest of individuals who are completely equal to each other in their rights and obligations. An even stronger impetus to the development of this type of law was given during the Renaissance, and then in the 20th century.
Signs of private law
There are many scientific theories about the features that most fully characterize private law. To date, we can distinguish a number of the most "classic":
1. Private law is a regulator of relations between private individuals.
2. Ensures the implementation, first of all, of private interest: this is expression of will, economic freedom, equality of parties.
3. The prevalence of the contractual form for the exercise of their rights.
4. In extreme cases, it guarantees the protection of violated rights, for example, in court.
5. Dispositive norms prevail.
6. Fully preserved classic legal technique.
Private law system
To date, a number of legal sectors stand out, which are classified as private law. The process of isolating both public and private sectors has its own order.
In other words, there are certain criteria for "evaluation" (interest, method, subjects and subject). Thus, the following branches of private law are distinguished:
1. Family.
2. Civil.
3. Labor.
4. Private international law.
5. Civil procedure law.
6. Housing law.
The world does not stand still, therefore, new branches of private law can be distinguished, based on the continuous development of social relations.
Method and Norms
Given the subject of private law, which consists of property-based public relations, a special method of legal regulation should be stipulated. In private law, the dispositive method prevails. Its essence is that the subject of law independently regulates his behavior in certain legal relations. That is, only the regulatory nature of laws (of the private sector) is allowed, which determine the framework of acceptable behavior. Private law is presented in a standard three-element form. In their structure, they have a hypothesis, disposition and sanction. The subjects of private law are divided into two groups - legal entities and individuals. Legal entities have the greatest regulations and legal freedom in civil law, which significantly affects the role of this industry in business.
International Private Law Branch
Private international law is a combination of international legal norms of laws, regulatory acts of domestic importance, as well as international treaties and customs that directly regulate civil relations.
The peculiarity of such norms is that they are complicated by a foreign element.
Private international law (hereinafter - MPE) exists for the implementation and development of the private sector throughout the world by developing common concepts and legal theories.
Sources of MCHP
International sources of private law are constantly being supplemented and evolving, as well as creating a single legal system of international and domestic regulatory acts.
1. The basis of the Ministry of Emergencies is primarily the principles of international law.
2. Many rules of private law are included in various international treaties, for example, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
3. Many aspects of the private branch of law are formed in the domestic legislation of individual states. As for the Russian Federation, the following legislative acts can be distinguished: family, civil code and federal laws.
4. Arbitration and judicial practice also makes a significant contribution to the development of MPP.
Subjective composition of MCHP
Subjects of MCHP can be persons who are able to exercise their rights and obligations. There are three main types of entities: individuals, legal entities and states.
1. Individuals participate in private legal relations on the basis of two categories: legal capacity and legal capacity. The first factor is inherent in everyone from birth. Its essence is that any person has rights and obligations that cannot be deprived of him. Legal capacity is the ability of a person to acquire duties and rights through his activities. It is these two criteria that characterize an individual as a participant, a subject of private legal relations, and a private equity partnership.
2. Legal entities participate in the legal relations of an emergency liability company through the category of legal capacity, which is divided into general and special. General allows you to realize the rights and obligations on an equal basis with individuals. With regard to special legal capacity, with its presence, legal entities can be participants in those legal relations that are strictly regulated by law and are permitted solely to achieve a specific goal.
In the private sector, the rights of any state, legal entities and individuals play a rather important role. However, for MPPs, the most “weighty” entity is the state.
The state as the main subject of MPP
International law governs the relationship between states that are central entities. It is the states in the MCHP that can enter into the largest number of legal relations with other states, international organizations, legal entities and individuals. Precedents are also known when the state entered into legal relations with individuals. To date, in the theory of public-private partnership, it is customary to distinguish between two groups of legal relations in which the state participates, namely:
- Legal relations between states, international organizations and states.
- Legal relations between the state on the one hand, as well as foreign individuals, legal entities on the other.
It should also highlight the aspects of state participation in MPP. They should always be remembered, since the state is not similar to any subject of private law.
1. The state is a special entity. It can not be called a legal entity, since it itself regulates this status by its laws.
2. In contracts where one side is the state, the national law of the latter applies.
3. Transactions with the state, regardless of its political status, are always risky, because it has sovereignty.
4. The state, as a subject, is equal to other entities and does not have any privileges.
In conclusion, we must add the fact that state regulations cannot be present in civil law in the form of peremptory decrees. Nevertheless, we found that the sphere of private law includes a number of legal relations between private individuals, which should be regulated. Therefore, minor “amendments” by the state are quite acceptable.