private law

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n.
The branch of law that deals with the legal rights and relationships of private individuals.


Law governing relationships between two or more private individuals, companies, or organizations. It has not been passed or ruled upon by a public authority.
See also public law.

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When Congress acts to aid a specific individual, family, or other small group, it passes a private law. Public laws, by comparison, deal with society as a whole. The first private bill, which was passed in September 1789, awarded 17 months' back pay to a military officer. Many other private bills that followed dealt with military pensions or claims of citizens whose property was damaged during wartime. Other private bills permitted specifically named foreigners to immigrate and become naturalized citizens of the United States. By 1900 private bills far outnumbered the public bills that Congress considered. Later, Congress turned settlement of most private claims over to the executive departments and enacted more comprehensive veterans' pensions and immigration laws that reduced the need to address them case by case. Legislation has also more narrowly defined the circumstances in which Congress will consider private claims. However, Congress continues to enact private laws to aid citizens who have been injured by government programs or who have appealed an executive agency ruling, such as one requiring the deportation of a noncitizen. Private laws are numbered separately from public laws. During the 102nd Congress, for example, they were numbered Private Law 102–1 and up.

See also Acts of Congress

This entry contains information applicable to United States law only.

That 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.

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Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts[1] (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 effects the public order. In general terms, private law involves interactions between private citizens, whereas public law involves interrelations between the state and the general population.

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Private law in common law jurisdictions

The concept of private law in common law countries is a little more broad, in that it also encompasses private relationships between governments and private individuals or other entities. That is, relationships between governments and individuals based on the law of contract or torts are governed by private law, and are not considered to be within the scope of public law.

Areas of private law

References

  1. ^ Mattei, Ugo; Bussani, Mauro (18 May 2010). "The Project - Delivered at the first general meeting on July 6 1995 - The Trento Common Core Project". The Common Core of European Private Law. Turin, Italy: Common Core Organizing Secretariat, The International University College of Turin. http://www.common-core.org/index.php?option=com_content&view=article&id=46&Itemid=34. Retrieved 8 September 2011. 

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Public Law (business term)
International Law (business term)