private law
private law
private law
pri′vate law′
n.
| 单词 | private law |
| 释义 | private lawprivate lawprivate lawpri′vate law′n. Private LawPrivate Lawin the bourgeois theory of law, the norms regulating certain relations, including property relations, between private individuals and also governing relations in which the state and its agencies act not as bearers of public authority but as parties to contractual relations. Private law includes the norms of civil, commercial, and family law. Whereas public law governs relationships of authority and subordination, private law deals with the relations of formally equal persons. Its subjects enjoy considerable economic and legal autonomy, and the protection of private interests is exercised only on the initiative of the interested persons themselves. Bourgeois jurists treat private law as “a manifestation of the freedom of the individual” and of purportedly equal possibilities for all. The division of law into private and public, however, reflects the conflict between private and public interests in societies that are marked by antagonism among classes. As K. Marx and F. Engels noted, “Private law develops simultaneously with private property out of the disintegration of the natural community” (Soch., 2nd ed., vol. 3, p. 63). Private law is based on the law of private property, which evolved under Roman law and is fully developed and protected by capitalism; under capitalism the law of private property is declared to be “holy and inviolable.” In the modern era, the development of state monopoly capitalism and the increasing interference of the bourgeois state in the capitalist economy have led to a blurring of the sharp distinction between public and private law as private law is “made public.” The socialist legal system does not distinguish between public and private law. private lawPrivate LawThat portion of the law that defines, regulates, enforces, and administers relationships among individuals, associations, and corporations. As used in distinction to public law, the term means that part of the law that is administered between citizen and citizen, or that is concerned with the definition, regulation, and enforcement of rights in cases where both the person in whom the right inheres and the person upon whom the obligation rests are private individuals. private lawthe law applying between persons or between a person and a thing insofar as not involving the state.Private LawPrivate Law |
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