返回Google圖書搜尋

Razmejevanje med javnim in zasebnim pravom

其他書名	diplomska naloga
出版	N. Geršak, 2004
URL	http://books.google.com.hk/books?id=e0XNNAAACAAJ&hl=&source=gbs_api

註釋Though today the distinction between public and private law is universally recognized within the civil law world, there is no agreement among civil law lawyers on its theoretical basis or justification, and no uniformity among countries as to its scope and effects. Although the public - private law distinction has its roots in Roman law, public law remained a relatively undeveloped category until modem times. Today, when one speaks of public law, what is meant is often merely administrative law. The bulk of public law in civil law countries in fact really consists of administrative law, but also includes very large fields of criminal law, constitutional law, law of procedure, tax law and canon law. On the other hand the term "private law" is often used interchangeably with civil law, although civil law is only one part of private law. Private law comprises two grand divisionsČ civil law and commercial law. Fields of law that are classified as private law fields are: the law of persons, familiy law, property law, succesion law, the law of obligations, commercial law etc. Public law is said to be set apart from private law by the wider scope it allows for official discretion and the little room it leaves to the discretion of the parties. The disputes governed by private law are under jurisdiction of the ordinary courts, those governed by public law are under the jurisdiction of separate tribunals, administrativeorgans, with the one major exeption of criminal matters. Those are only some elements of distinction between public and private law. In modern law the absolute distinction between public and private law is not possible. Today, there are many fields of law that comprise elements from both, civil and private law. For example labor law developed from the civil law of the individual employment contract. However, today it is variously classified as a special category of private law, but as mixed public and private law, or as being a field unto itself, neither public nor private.