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Some Historical Considerations On The Division Of Law Into Private And Public Law

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  • Emilian Ciongaru

Abstract

The division of public and private law constitute the basis of the systematization of law where public law is the field of legal rules governing the existence and the organization of the state and private law is centered, as a set of legal rules, on regulating, protecting and defending the individual interest, in the interest of the person as a participant in the scope of their private life, or of a legal person within the scope of its contractual freedoms, of business, of promoting the interests of private groups, obviously within the limits of public order and a minimum standard of public morality. Democracy - the power of the people - is characterized by a very rigorous order of law and legal order where the science of law organizes and disciplines social life, based on the fundamental principles of law - the principle of ensuring the legal bases for the operation of society, the principle of equality and freedom, the principle of responsibility, and the principle of fairness and justice. In the course of history, law has been divided into private and public law, taking as a basis certain social, political and economic considerations, specific to certain periods of the transformation of society.

Suggested Citation

  • Emilian Ciongaru, 2018. "Some Historical Considerations On The Division Of Law Into Private And Public Law," FIAT IUSTITIA, Dimitrie Cantemir Faculty of Law Cluj Napoca, Romania, vol. 12(1), pages 68-73, May.
  • Handle: RePEc:dcu:journl:v:12:y:2018:i:1:p:68-73
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    More about this item

    Keywords

    law; public law; private law; rule of law; legal order;
    All these keywords.

    JEL classification:

    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

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