PRIVATE LAW: HISTORY, CHARACTERISTICS, BRANCHES, SOURCES, EXAMPLES - ARTE - 2025

The private law refers to the set of rules and principles which regulate relations between private citizens. This branch of law regulates the different economic and social activities that are established between citizens based on legal equality.

Private law is based on two principles: the first consists of the autonomy of the will, which establishes that interactions between individuals -focused on their own interests- must be carried out from free will, without deception, obligations or violence; only then will the legal force be maintained.

Private law refers to the set of rules and principles responsible for regulating the relationships that exist between private citizens. Source: pixabay.com

The second precept consists of equality before the law, whose premise is based on the idea that individuals, when performing private acts, are subject to the legal framework and maintain a point of equity before the laws; that is to say, no individual should escape the designs of the law.

In general terms, it can be affirmed that private law is a discipline constituted by commercial law and civil law, whose origins go back to the ancient civilizations of the West. In turn, other disciplines emerge from private law, such as labor, rural, commercial law and even international law.

History

Private law was born during the heyday of ancient Roman culture and was devised by scholars and politicians, who established that Privatum quod ad singulorum utilitatem pertinet, whose translation would be: “private law refers to the utility of individuals”.

This phrase established the regulation of the different activities and relationships that were carried out between individuals who wanted to obtain particular benefits.

At that time, the rules of private law could be changed by the individuals to whom they were addressed. In fact, in its origins, this type of right arose from family groups in order to regulate activities of a patrimonial or family nature.

Roman private law: natural, people and civil

Likewise, the Romans classified private law in three different aspects, these being natural law, law of nations and civil law.

In the first case, it referred to the rights that came from divine wills in relation to the essence of man, that is, it was guided by the natural laws that were imposed on all animate beings. However, this thought distinguished the animal instinct, since the Romans defended that only man had reason and conscience.

On the other hand, the law of nations referred to the rules that applied to all peoples outside Rome, that is, to the so-called "barbarian peoples."

Finally, the civil law emphasized all the specific norms of the Roman localities. Therefore, this right was reserved only to the Roman citizens and of which no foreigner could enjoy.

Furthermore, private law was encompassed by the entire system of self-defense and private justice, which for many years managed to function independently of the authorities. It was a “self-justice” that was applied in criminal and civil matters, where the magistrates could only participate as arbitrators and never as representatives of imperium.

Characteristics of private law

Private law is characterized by the following aspects:

- Its regulations are aimed at protecting the parties, maintaining equality between those involved.

- Private law is based on its autonomous nature, so that individuals are free to carry out any type of relationship or activity as long as their acts are protected by law.

- Some authors define it as a positive right, since it looks for a way to resolve different conflicts by understanding and analyzing the laws.

- In the event that the State decides to participate within the regulations of private law - acting as an individual - said State will be devoid of any sovereignty.

Branches of private law

From private law the following branches or categories arise:

Commercial law

It refers to those rules that regulate the exchange of goods and commercial transactions.

Labor law

It is a branch of private law that aims to order and control the relationships established between employees and workers. It is a discipline that is constantly changing due to the modifications that these relationships undergo depending on the needs of each era.

Civil law

It is also known as "common law." It is responsible for regulating the transactions and legal relationships established between individuals. This branch involves the assets, rights and freedoms of each person.

Rural law

It is focused on the control of agricultural production, along with certain elements that constitute life in the fields.

International private law

It refers to the regulations that are applied in commercial transactions carried out between individuals and States of other nations; They can also be applied between two States acting as private parties.

Sources of private law

When speaking of the sources of private law, reference is made to the point of origin of the legal rules that concern individuals. So sources are the way private laws were created.

The sources of private law are the following:

Written sources

Written sources are made up of laws that were written in constitutions or other important legal books.

Unwritten sources

The unwritten sources include those regulations that are based on the custom of a people or nation. That is, they are rules based on traditions.

Jurisprudential sources

They are constituted by jurisprudence, whose internal law may vary depending on the way in which each State or entity designates it. In general terms, these sources are the set of sentences and decisions that are established by the courts or by other governmental authorities.

There are sources that are established by the courts or other government authorities. Source: pixabay.com

Differences between private law and public law

The main difference between private law and public law lies in the presence or intervention of the State. This means that, if the activities or relationships concern the public administration, then it will be an event concerning public law.

On the other hand, if those involved in the relationships are individuals, who wish to address a matter of a patrimonial or personal nature, then it will be a fact that falls under private law.

Rules of public law

In addition, the rules that are promulgated by public law can be defined as subordination regulations, since the State is the only social entity in charge of ensuring compliance with the law and those parameters that were established in the National Constitution; in fact, the state must even regulate itself.

Private law regulations

On the other hand, private law regulations can be defined as coordination rules, since they serve to establish fair agreements and negotiations between two independent individuals who are equal before the laws.

Within this perspective, the objective of private law is to guarantee that neither individual performs inappropriate actions on the other.

Examples of private law cases

There are many examples of the application of private law. The most popular cases are listed below:

Regarding the fulfillment of contracts

Private law is responsible, for example, for monitoring that the guidelines established in a contract are fulfilled.

This is often the case in real estate rental contracts, where lawyers must ensure that both the tenant and the owner respect the property along with the start and expiration dates that were stipulated in the document.

Marriages and Divorces

Private law must ensure that marriages are protected under the law and comply with the necessary requirements. Likewise, this branch of law can also regulate the guidelines of a divorce.

For example, if Ana wants to separate from Juan, she must first follow the legal framework processes; This includes the distribution of assets, custody of children, if any, among other aspects.

The inheritance or succession procedures

A very popular case within private law is everything concerning inheritances and successions, since they are facts that can bring controversies and conflicts between family members. In this matter, private law ensures that individuals receive their share in an equitable manner and as established in the will.

For example, when Mr. Ernesto died, his lawyer studied his will and met with his family; he had to read the text aloud and then declare how the deceased's estate would be distributed. Subsequently, the lawyer will have to monitor the entire process of property distribution and ensure that it is carried out legally.

The issues of professional and work environments

Private law also manages labor and professional relations. For example, a lawyer in this branch must make sure that a certain company complies with the necessary legal requirements in terms of determining salary, working hours, among other aspects.

In the event that the necessary requirements are not met, the company or the employee may choose to file a complaint where the act of injustice is proven.

References

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