Understanding Private Law: Civil, Commercial, and Labor Systems

Private Law

1. Civil Law

Civil law is the set of legal principles and rules governing the general requirements of legal acts, the organization of family, and private property. It serves as the general common law.

Civil Law Content

• Regulates individuals, their definitions, classes, skills, and attributes.
• Governs legal acts and obligations.
• Contains the organization of marriage and family.
• Regulates property rights, including definitions, types, methods of acquiring ownership or control, and limitations.

Characteristics of Civil Law

• National Private Law: Governs relations between individuals within the territory of a state.
• General Private Law: Governs all private relationships, regardless of status, sex, profession, or nationality.

Sources of Civil Law

• Constitution of the Republic
• Civil Code
• Special laws

2. Business and Commercial Law

Commercial law is a private national body of law governing relations arising from acts of trade. It establishes the rules applicable to dealers, their capabilities, duties, and professional obligations.

Characteristics of Commercial Law

• It is a branch of national private law.
• It is a special branch; therefore, its provisions prevail over general civil law.
• It applies primarily to dealers or those performing acts of commerce.
• It is a dynamic field subject to frequent changes.

Sources of Commercial Law

• Commercial Code
• Additional special laws
• Civil Code (supplementary)
• Commercial practice

3. Labor Law

Labor law is the set of legal rules governing contractual relations between employers and employees, the union system, and the interactions between these parties and the state.

Characteristics of Labor Law

• National Private Law: While some authors classify it as public or mixed, it is primarily considered a branch of private law.
• Contains numerous provisions of law and order.
• Protective Nature: Its primary objective is to protect the economically weaker party, the worker.
• It is a field in continuous modification and development.

Sources of Labor Law

• Constitution of the Republic
• Labor Code and special laws
• International treaties (e.g., ILO conventions)