The Branches of Law
The great divide traditional legal distinction between public law and private law, known since ancient Roman law. As defined by Ulpian, contained in the Digest of Justinian, public law refers to “the state of public affairs of Rome, while private law, refers to” the private interest. ” In other words, the first referred to the structure and state organisation, and relations with private state, when exercising its vested with imperium action, or a higher hierarchy level, for example, when imposing a tax.
In public law the parties to the relationship are not on equal footing. In other words, one of which is subordinated to the other. For example, when the state in the exercise of public function integrates the relationship. In labor law, it is considered that the employer has the authority to require the worker labor conditions, to which the worker must be subordinated. In cases where the state acts not as an organ of power, but on a legal footing, for example if you are a company involved in private law rules. In the latter, more prevalent freedom of the parties, within legal limits, to set the terms of the relationship.
In short, without involving a sharp division could say that when higher values ?? of justice are involved, and the state imposes certain guidelines to the law that subjects would be adjusted in the field of public law, composed of the following fields: law Administrative Law, Constitutional Law, Criminal Law, Procedural Law, Labor Law and Tax Law.
Private law including civil and commercial law.
Constitutional Law, formed by the rules contained in the most important of the laws of a state, as no other can contradict it, on pain of being declared unconstitutional, is the organisation of state powers, rights and duties residents and a series of statements on the basis on which sits the political-legal and social mainstream.
Administrative Law, is the set of rules governing the operation of state and administrative power between the different administrative bodies, and their relationship with individuals. This branch arose with the French Revolution.
Criminal Law, understand the rules governing the punishable acts of people, those that are considered criminal, for which legal rules have provided a penalty. The typical characteristics of criminal law is a characteristic, since for that conduct is liable to criminal sanction should completely coincide with that described by the standard, without being able to apply the analogy.
Procedural Law, contains the rules they must comply with the procedures followed in carrying out an action before the courts, as modes of presentation or time periods, and those rules that judges must be adjusted to apply the law in its sentences.
Civil law regulates relations between individuals, whether natural or legal persons or the state itself, when it does not in exercise of the power and authority. It is the most widely used among the branches of law and that includes property relationships, personal, neighbourhood, family, inheritance, etc..
The Commercial, or Mercantile regulates the activity of retailers and their trade relations, called trade acts.
Labor law is referred to relations between employers and employees and fix their duties and reciprocal rights and the protection of the weakest part of the relationship: the worker.
Private International Law is the regulation of relations between individuals with addresses in different countries, or events in different states.
Public international law governs relations between individual states or international organisations.
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Tags: Administrative Law, branches of law, Civil law, commercial law, Constitutional Law, Criminal Law, law, Private law, public law