It is important to mention that it does not mean that the State cannot intervene in relation to compliance with the laws , but between an agreement established between two individuals, it cannot intervene.
Principles of private law
The principles of private law are generally contrary to the principles of legality and also to the power of rule of public law and enjoy the following fundamental principles:
- Autonomy of the will: When seeking their own interests, people relate to each other through acts based on their own wills, such as, for example: the free will of vices, fraud, coercion or deception of people with some legal capacity to carry out legal business, this is sufficient to formalize acts with legal effects . Private law subjects can do anything that is not explicitly illegal by law.
- Principle of equality: Specifically in private acts, the subjects of law are at an equitable point of equality, where neither party is in a better place than the other, and nothing can be required of the other party without an agreement of wills. For example: an individual may agree with another to purchase pants. However, said person cannot demand that the other give him the pants, nor can he force her to sell them, since the will of the two parties is equal.
Branches or categories of private law
- Civil law. It is also called “common law”, which regulates transactions and legal relationships between people , as well as what their rights, patrimonies, freedoms or their transmission imply.
- Rural law. It regulates the affairs of peasant life and agricultural production.
- Commercial law. Manage business transactions and exchanges of goods and services for money.
- Private international right. This regulates commercial transactions that originate between countries and individuals from other nations, or between 2 countries acting as individuals.
- Labor law. Order and control the relationships between employers and workers.
10 examples of private law
- Contracts: At the time of the execution of a contract, it is private law to guarantee compliance with them, they can be, for example, contracts in which a company exercises certain internal regulations as a private entity and the citizen, by accepting them or by breaching them, assumes the that may arise.
- Marriage : When two people assume to legally join in marriage, it is private law assumed by each of the parties involved. The state does not get involved, unless some illegal event occurs.
- Succession : It is a right that allows the transmission of assets belonging to a person at the time of death, that is, once the person dies, a previously selected family member or citizen can opt for the acquisition of said assets, the most common it is through a will, although there are other legal methods.
- Maintenance : Among the private law, there are the regulations that govern the obligation that parents have with the child, a clear example is when there is a breakdown of the marriage and the father is legally required to comply with the maintenance of the child.
- Rural activities : All types of agricultural activity carried out by an individual must be regulated through the legally established regulations, which can include from the planting process to the harvesting process of the item.
- Private organization : Any type of organization in which two or more individuals intervene, must be governed by the regulations established by private law. Although it is similar to the contract, they tend to differ, for example: The regulations that arise through the organization of a residential complex, in which its own internal laws are established.
- Air activities : All kinds of regulations that are executed for the realization of personal and commercial activities through the use of displacements in the airspace.
- Lawsuits between people : They are governed by private law, all lawsuits that arise between two or more individuals in the framework of daily life. For example: Conflicts due to personal differences.
- International : It belongs to private law , any illegal act that takes place outside the borders, that is, any inconvenience that an individual has internationally.
- Maritime : It is when exchange or acquisition of goods are made through the use of the merchant marine. In a given case that any type of inconvenience arises, what is legally applicable concerns you or is established by private law.