What does private law concern? Private International Law

The states of the modern world have their own legal systems, which in many respects are similar to each other, although they have a mass of distinctive features. In the process of formation, legal systems were created from existing legal branches regulating various social relations. It should be noted that at the time of formation certain industries already had their own structure, methods of implementation, and also developed their own principles of action on social relations. Depending on the subjects and the 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 the authorities. The other group consists of industries that influence the relationship between private individuals without the intervention of government agencies. It is the last set of industries, called private law, that will be discussed in this article.

The concept of private law

Many consider private law to be exclusively 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 the present time, private law is a particle of any legal system, thanks to which the relations arising between private persons 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 his interaction with other private individuals. The presented concept of private law makes it possible to highlight the fundamental feature - public interest is not taken into account in these legal relationships.

Legal families, which are characterized by the allocation of private law

Historically, not in every state private law stands out as a separate element. This is most clearly seen in the case of the countries of the Anglo-Saxon and Muslim legal family. The political doctrine of these states says that absolutely any part of the law is sanctioned by the state or created by it. Therefore, even in the private sector there should be public interest. But in the countries of the Romano-German legal family an entirely different approach. Here, to the sphere of private law, any kind of legal relationship between private individuals, which are collected in whole branches, makes it much easier to practice the lawyers.

The history of private law - from ancient Rome to our days

As we have already said, such a factor as the interests of individuals and subjects belongs to the sphere of private law. This feature was formed back in the days of Ancient Rome. Titus Livius in his works pointed out that the main source of Roman law, the code of the laws of 12 tables, absorbed the norms of both public and private law. Thus, already in those faraway times, lawyers divided the branches of law into two main groups. The basis of the division was laid by Ulpian. According to him, everything that is beneficial to the state is a public right. It follows that the interests of private individuals must be attributed to private law. Thanks to the activities of Roman scientists, an important principle of all private law was derived - equality of the parties between themselves. Given all of the above features, the private The interest of individuals completely equal in their rights and duties. An even stronger impetus to the development of this type of law was given in the Renaissance, and then in the twentieth century.

Signs of private law

There are many scientific theories about the characteristics that most fully characterize private law. To date, we can identify a number of the most "classical":

1. Private law is a regulator of the relationships of individuals.

2. Ensures the realization, first of all, of private interest: it is the will, economic freedom, equality of the parties.

3. The prevalence of the contractual form of realization of their rights.

4. In extreme cases, it guarantees the protection of violated rights, for example, in a judicial procedure.

5. Prepositional norms prevail.

6. The classical legal technique is completely preserved.

Private law system

To date, there are a number of legal branches that are classified as private law. The process of separation of both public and private industries 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. International private law.

5. Civil Procedure Law.

6. Housing law.

The world does not stand still, that is why new branches of private law can be allocated, proceeding from the constant development of social relations.

Method and norms

Given the subject of private law, which consists of public relations of a property nature, it is necessary to specify a special method of legal regulation. In private law, the dispositive method prevails. Its essence is that the subject of law independently regulates its behavior in certain legal relationships. That is allowed only the regulatory nature of laws (private industry), which define the scope of acceptable behavior. The rules of private law are 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 most regulations and legal freedom in civil law, which significantly affects the role of this industry in business.

International Private Law Branch

International private law is a set of international legal norms of laws, statutory acts of national importance, as well as international treaties, customs that directly govern civil legal relations. The peculiarity of such norms is that they are complicated by a foreign element. International private law (hereinafter - IPP) exists for the implementation and development of the private sector around the world by developing common concepts and legal theories.

Sources of IPP

International sources of private law are constantly supplemented and evolve, and they also create a single legal system of international and domestic statutory acts.

1. The basis of the Ministry of Emergency Situations is, first of all, the principles of international law.

2. Many private law rules 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, we can distinguish the following legislative acts: family, civil code and federal laws.

4. Arbitration and judicial practice also makes a significant contribution to the development of IPP.

Subject composition of IPP

Subjects of IPP may be persons who are able to exercise rights and duties. There are three main types of entities: physical, 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. The essence of it is that any person has rights and responsibilities, which can not be deprived of him. Capacity to act 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, subject of private legal relations and IPP.

2. Legal entities participate in legal relations of the IPP through the category of legal capacity, which is divided into general and special. The general allows to realize the rights and duties on an equal basis with physical persons. As for the special legal capacity, then, with its presence, legal entities can be participants of those legal relations that are strictly regulated by law and are resolved solely for the achievement of a certain goal.

In the private sector, the rights of any state, legal entities and individuals play an important role. However, for the IPP the most "weighty" subject is the state.

State as the main subject of IPP

International law regulates the legal relations between states, which are the central subjects. It is the states in the IPP 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 IPP, it is common to distinguish between two groups of legal relations in which the state participates, namely:

- Legal relations between states, international organizations and states.

- Legal relationship between the state on the one hand, as well as foreign physical, legal entities on the other.

Also, it should be emphasized the aspects of state participation in the IPP. They should always be remembered, since the state is not similar to any individual subject of private law.

1. The state is a special subject. It can not be called a legal entity, since it itself regulates this status with its laws.

2. In treaties where one party is a state, the national rules of law of the latter apply.

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 need to add the fact that state regulations can not be present in civil law in the form of imperative decrees. Nevertheless, we found out that a number of legal relations between private individuals that should be regulated belong to the sphere of private law. Therefore, minor "amendments" from the state are quite acceptable.