Understanding Public and Private Law: Principles and Sources

Public Law and Its Branches

In public law, parties exist in a state of inequality characterized by the preeminence of the State over individuals. Key branches include:

• Administrative Law: Deals with the regime and functioning of public administrations and their relations with individuals.
• Tax Law: Aims to secure government funding through taxes and levies.
• Litigation: Focuses on the system of judicial organs, their composition, powers, functions, and the activities carried out in the exercise of judicial authority.

Private Law and Its Scope

Private law regulates relations between individuals without regard to specific personal circumstances or objectives. Its study encompasses:

• Law of persons
• Private equity law
• Family law
• Inheritance law

Additional branches include commercial law, which organizes the legal system of business relations, and labor law, which governs legal relationships between employers and workers.

Sources of Law

The term sources of law designates two realities:

• Material sources: The origin or method of production of legal norms, identifying the social agents with the ability to create rules.
• Formal sources: The means of expression through which standards are manifested, such as legislation or custom, including the hierarchy observed between creators and actors.

Fundamental Legal Principles

As a regulatory system, the law is subject to principles that provide meaning, establish hierarchy, and define purpose. Our legal ordinance is rooted in the Constitution, highlighting the following:

Democratic Principle

Power emanates from the people; therefore, the rules governing coexistence emerge from the community.

Principle of Legality

Citizens and public authorities are subject to the Constitution and established legislation. Public authorities must operate strictly within the law.

Principle of Legal Certainty

Standards must be clear and unambiguous. Recipients must be able to understand their legal standing, and judges must apply the law with consistent, unanimous criteria to resolve social disputes.