Introduction to Civil Law Essay

Since Roman jurisprudence thither has existed an understanding regarding the structure of the body of court-ordered norms, in that statutory relations amidst actors (socalled legal subjects) merchantman mainly be of two kinds. One involves equality between the players legal subjects are free to inscribe into the legal relations of their choice, and they have the power to mutually influence the contents of their relation their rights and obligations. Eventually this happens when persons put in into legal relations with individually opposite as private parties, within their private capacities.Example I.1When Janis and Inga decide, that Janis willing spoil Ingas watch, they both have the option to decide whether or non Janis will buy and Inga will sell the watch that is to say, whether to make the contract for the sale of Ingas watch. The equal is true of the interrogative sentence of what the major conditions of the deal should be price, time and place of performance, s upplementing services such as whether or not Inga will provide Janis with extra batteries, etc. All these issues are decided by the parties mutually and all of the two parties foundation at any time say no to what the other party proposes. The same is true of other kinds of private relations, e.g. whether or not they will want to start dating each other and later on be married to each other. Another, quite different set of cases is ane in which this equality between the parties does not exist. In those cases one of the parties is subordinated to the other. One of the parties can compel the other to visualise into a legal relationship with it and dictate the terms.See more introduction paragraph role modelFor precedent, when Janis has to pay taxes to the tax effectiveness of his country, he can not say no, I do not want to pay taxes, i.e. I do not want to enter into a tax salaried relationship with you. He cannot alter the terms of the relationship with the tax authorities e ither he can not say oh, I am willing to pay taxes, but less or at a later time than required. Or, if Janis suddenly were to kill someone and the police were to arrest him, so the prosecution to charge and finally the court to sentence him, he can not tell the police, the prosecuting attorney or the court leave me alone, I do not want to enter into a legal relationship with you.In both examples, the nature of the legal relationships tax constabulary, criminal police force and criminal adjective law is such that the legal subjects are not free to decide whether or not to enter into a legal relationship (pay taxes, be investigated, charged and sentenced) and to influence its content. It is easy to discover that in these examples the representatives of the other side the tax authority officer, the military officer, the prosecutor, the judge did not act in their private capacities like Inga when exchange her watch to Janis. They acted in a capacity to represent the interests of the public rather than of the private individual. To the tax authority officer as a private person it is likely not to matter whether Janis pays taxes or not however, to the public interest of the community (the rural area) whom he represents, it is important that legal subjects pay their due taxes. The policeman whitethorn personally not care if Janis killed someone perhaps for so long as it was nobody the policeman personally knew but to the wider society it is of primary importance that killers be caught, brought to justice and punished.Thereby, in all these situations it is a public interest that overwrites the equality and freedom of the other party enjoyed in private relations. It is not herculean to recognize that the public interest that prevails over the autonomy of the private individual is represented by the state. In legal relations where the parties act freely, they act in their own private interests as private individuals or in another word as politeians. Ther eby, this area of law is named private law or civil law. In cases where one of the parties lacks this freedom whereas the other has a compelling power to bind the other party, it is usually for the interests of the public. Thereby, this area of law is named public law. Private or civil law covers such cases as order law, where relations are between private individuals who want to associate for a common business goal and set up a company of their own to pursue a profitmaking body process contract law where equals are making deals between themselves family law, where private individuals get together for the purposes of establishing a family finished marriage, having children and taking care of and raising their children copyright law, where one individual creates a piece in the literary, elegant or scientific domain for the use and enjoyment of all others in society, etc.Public law covers such areas as public international law, constitutional law, the law of public administratio n, criminal law, all procedural laws such as criminal procedure and civil procedure, financial law and tax law, etc. The assembly line Comparative administrative and constitutional law, which students have had by the time they encounter their first private law courses, was a good example of public law fields. Note that the dichotomy of private and public law does not cover the entire legal system, albeit it fairly well covers the overwhelming majority of legal relations. For example the branch of private international law (conflict of laws) deals with situations in which the subjects of the legal relationship are not the state and subordinated legal subjects such as taxpayers, criminal offenders, etc., as in public law, or private persons playacting in theoretically equal positions such as in private law, but legal systems between which a choice has to be made because the case is factually connected to more than one legal system.