Divisions of Law Overview

Study Notes

Law can be classified based on the parties involved and the binding force of legal norms.
The two main divisions are public law and private law, and mandatory and default rules.

Public law governs relationships where the state is involved in its sovereign capacity.
Private law governs relationships between individuals and private entities.
Public law manifests authority and sovereignty, while private law shows an absence of force between parties.

Public international law: regulates relations between states.
Constitutional law: defines the structure of government and the rights of individuals.
Administrative law: regulates the activity of the executive branch.
Criminal law: specifies crimes and imposes punishment.
Public Financial law: governs the management of public funds.

Civil law: regulates financial relations between individuals, including those involving the state in a non-sovereign capacity.
Commercial law: regulates commercial transactions and the trade profession.
Labor law: regulates relations between employers and workers.
Maritime law: regulates relations related to maritime navigation.
Civil and commercial procedure law: regulates procedures for resolving civil and commercial conflicts.
International Private Law: determines the applicable law and court for legal relationships with foreign components.

Mandatory rules are binding on all and cannot be violated, regardless of agreement.
Default rules allow parties to deviate from legal provisions through agreement.
Mandatory rules are fundamental principles that protect societal interests, while default rules address specific situations and provide flexibility.

Examples include prohibitions against genocide, slavery, torture, and aggression.
These rules are closely related to the entity of society and its basic interests.

Prescribe specific conduct for individuals but allow for mutually decided deviations.
Govern situations where no individual agreement exists and address intricate issues often overlooked in agreements.

Formality base: determined by the wording of the legal text using specific terms indicating obligation.
Objective base: researched based on the purpose of the legal norm and its relationship to public order and public morals.

Set of basic interests that the entity of society relies on, including religious, political, social, economic, and moral interests.
Highest interests of society that affect its structure.

Political: encompasses regulations related to state authority, constitutional rights, and freedoms.
Economic: governs a state's market economy and legislative policies overseeing the market.
Social: safeguards collective interests of society members, including criminal law and family law.
Labor: strikes a balance between worker and employer interests.