Grupo Legal Advice

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.

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