Private-Law Framework

A Private-Law Framework is a body of law that governs private relationships between private individuals (natural persons, legal persons) and private entities, regulating their legal rights and legal obligations in various aspects of private interactions.

• AKA: Civil Law, Non-Public Law Regime.
• Context:
  • It can (typically) be composed of Private Law Components (body of law components), such as:
    • Private Law Areas (major subdivisions of private law focusing on specific aspects), such as:
      • Contract Law, rules governing agreements between parties.
      • Tort Law, principles addressing civil wrongs and liability.
      • Property Law, regulations on ownership and use of assets.
      • Family Law, rules governing domestic relations.
      • Succession Law, principles of inheritance and estate distribution.
      • Commercial Law, regulations on business transactions.
      • Corporate Law, rules governing business entities.
      • Intellectual Property Law, protection of creative and innovative works.
      • Employment Law, regulations on employer-employee relationships.
      • Consumer Protection Law, safeguards for consumers in private transactions.
      • ...
    • Private Law Principles (fundamental legal propositions guiding private law interpretation and private law application), such as:
      • Autonomy of Will Principle, freedom to enter into legal relationships.
      • Good Faith Principle, honest dealing in private relationships.
      • Pacta Sunt Servanda Principle, agreements must be kept.
      • Unjust Enrichment Principle, prevention of unfair benefit at another's expense.
      • Proportionality Principle, balancing of competing private interests.
      • ...
    • Private Law Doctrines (legal doctrines guiding private law interpretation and private law enforcement), such as:
      • Doctrine of Privity, contract effects limited to parties.
      • Doctrine of Consideration, requirement for valid contracts.
      • Doctrine of Promissory Estoppel, reliance on promises.
      • Doctrine of Piercing the Corporate Veil, disregarding corporate entity in certain cases.
      • Doctrine of Constructive Trust, implied trusts to prevent unjust enrichment.
      • ...
    • Private Law Rights (specific entitlements under private law), such as:
      • Property Rights, rights to own and use assets.
      • Contractual Rights, rights arising from agreements.
      • Privacy Rights, rights to personal privacy in private relationships.
      • Intellectual Property Rights, rights over creative and innovative works.
      • Parental Rights, rights in parent-child relationships.
      • ...
    • Private Law Obligations (duties owed under private law), such as:
      • Contractual Obligations, duties arising from agreements.
      • Fiduciary Obligations, duties of trust and loyalty.
      • Tort Law Duties, obligations to avoid harming others.
      • Parental Obligations, duties towards children.
      • Corporate Obligations, duties of companies to shareholders.
      • ...
    • Private Law Remedies (legal recourse in private law disputes), such as:
      • Compensatory Damages, monetary compensation for loss.
      • Specific Performance, court-ordered fulfillment of obligations.
      • Injunctive Relief in Private Law, court orders to do or not do something.
      • Rescission, cancellation of contracts.
      • Restitution in Private Law, return of unjust gains.
      • ...
    • ...
  • It can (typically) vary between jurisdictions, reflecting different legal traditions and societal values.
  • It can (often) evolve in response to changing social norms and economic conditions.
  • It can (often) interact with public law areas, such as constitutional and administrative law.
  • It can focus on protecting individual rights and facilitating private transactions.
  • It can be influenced by both Common Law and Civil Law traditions.
  • It can involve Statutory Law and Case Law.
  • It can include principles of Equity and Fairness.
  • It can be subject to Constitutional limitations and Public Policy considerations.
  • It can be shaped by Judicial Interpretation and Legislative Enactments.
  • It can regulate various aspects of private life (family, business, property, etc.).
  • ...
• Example(s):
  • Roman Private Law, such as:
    • Roman Private Law in 450 BCE after the creation of the Twelve Tables.
    • Roman Private Law in 529 CE after the compilation of Justinian's Code.
  • English Private Laws, such as:
    • English Private Law in 1189 after the beginning of legal memory in English common law.
    • English Private Law in 1677 after the enactment of the Statute of Frauds.
    • English Private Law in 1999 after the passage of the Contracts (Rights of Third Parties) Act 1999.
  • German Private Laws, such as:
    • German Private Law in 1896 after the enactment of the German Civil Code (BGB).
    • German Private Law in 2002 after the modernization of the German Law of Obligations.
  • ...
• Counter-Example(s):
  • Public Law, which governs relationships involving the state rather than between private parties.
  • Criminal Law, which deals with offenses against society rather than private disputes.
  • Constitutional Law, which establishes fundamental governmental structure rather than private rights.
  • Administrative Law, which regulates government agencies rather than private relationships.
  • International Public Law, which operates between nations rather than private entities.
• See: Civil Law (Legal System), Common Law, Equity (Law), Legal Person, Natural Person, Private Right, Private Autonomy, Freedom of Contract, Private Dispute Resolution, Alternative Dispute Resolution, Arbitration, Mediation, Private International Law, Conflict of Laws, Comparative Private Law, Public Order, Jus Commune, Contract, Tort, The International University College of Turin, Law of Obligations, Public Law, Natural Person, Juristic Person, Law of Private Obligations.

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References

2024

• LLM
  • Definition: A private-law framework governs the legal relationships, rights, and obligations between private individuals, entities, or organizations, focusing on their interactions without direct government involvement.
  • Core Areas:
    • Contract Law: Regulates legally binding agreements between individuals or entities, addressing terms, performance, and remedies for breach.
    • Property Law: Manages ownership rights, transactions, and disputes over real estate and personal property.
    • Family Law: Covers domestic relationships, such as marriage, divorce, and child custody arrangements.
    • Tort Law: Addresses civil wrongs where one party’s actions cause harm to another, such as personal injury claims.
    • Inheritance Law: Governs the distribution of assets after an individual’s death, determining how estates are handled.
  • Voluntary Nature: Private law involves voluntary relationships, with parties free to negotiate terms within legislative boundaries.
  • Individual Rights and Obligations: Focuses on protecting individual rights and defining obligations between parties.
  • Horizontal Relationships: Private law addresses horizontal relationships between equal parties, unlike public law, which focuses on state-individual relationships.
  • Dispute Resolution: Provides dispute resolution mechanisms through civil courts to address conflicts between parties.
  • Compensation-Oriented Remedies: Remedies in private law cases typically include compensatory damages, restitution, or specific performance instead of punishment.
  • State Role: The state provides the legal infrastructure to enforce private agreements, though it typically does not interfere directly in private interactions.
  • Commercial Application: Even state agencies can be subject to private law when engaging in commercial activities, such as contracts with suppliers.

2023a

• (ChatGPT, 2023) ⇒ prompt. ChatGPT, OpenAI, 19 Nov. 2023. https://chat.openai.com.
  • QUOTE: Private law, also known as civil law, is a branch of legal principles and rules that govern relationships between individuals or entities, excluding those involving the government. It primarily deals with the rights and obligations of private parties, such as individuals, corporations, and organizations, in their interactions with each other. Private law sets the framework for resolving disputes between private entities and seeks to provide a fair and just system for individuals to enforce their rights and seek remedies for breaches of legal obligations.

    The scope of private law is broad and encompasses various subfields, including contract law, property law, family law, tort law, and more. Contract law, for instance, governs agreements between parties, outlining the terms and conditions of their relationships. Property law deals with the ownership and use of real and personal property. Family law addresses matters such as marriage, divorce, and child custody. Tort law concerns civil wrongs and the compensation or remedies available to those who have suffered harm due to the wrongful acts of others. In essence, private law provides the legal framework that individuals and entities rely on to navigate their relationships and resolve disputes in a non-criminal context.

2023b

• (Wikipedia, 2023) ⇒ https://en.wikipedia.org/wiki/private_law Retrieved:2023-9-1.
  • Private law is that part of a civil law legal system which is part of the that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law), and the law of obligations (as it is called in civil legal systems). It is to be distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that affects the public order. In general terms, private law involves interactions between private individuals, whereas public law involves interrelations between the state and the general population.

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