Private law  

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-The '''Constitutio Criminalis Carolina''' (sometimes shortened to '''Carolina''') is recognised as the first body of German criminal law (''[[Strafgesetzbuch]]''). It was also known as the ''[[Blutgericht|Halsgerichtsordnung]]'' (Procedure for the judgment of capital crimes) of Charles V.+'''Private law''' is that part of a [[Civil law (legal system)|civil law]] [[legal system]] which is part of the ''[[jus commune]]'' that involves relationships between individuals, such as the law of [[contract]]s or [[tort]]s, as it is called in the [[common law]], and the [[law of obligations]] as it is called in [[Civil law (legal system)|civilian legal systems]]. It is to be distinguished from [[public law]], which deals with relationships between [[natural person|natural]] and [[Juristic person|artificial persons]] (i.e., [[individual]]s, [[business entity|business entities]], [[non-profit organization]]s) and the [[State (polity)|state]] including regulatory [[statute]]s, [[penal law]] and other law that effects the [[public order]].
-Its basis was the ''Halsgerichtsordnung'' of [[Bamberg]] (also known as the ''[[Bambergensis]]'') drawn up by [[Johann Freiherr von Schwarzenberg]] in 1507, which in turn went back to the [[humanism|humanistic]] school of [[Roman law]].+In general terms, public law involves interrelations between the state and the general population, whereas private law involves interactions between private citizens.
-The Carolina was agreed in 1530 at the [[Diet of Augsburg]] under Holy Roman Emperor [[Charles V, Holy Roman Emperor|Charles V]] and ratified two years later at the Diet in [[Regensburg]] (which was judicially a ''[[Hoftag]]'', an informal meeting), at which point it became law. It predominantly covered [[Private law|civil law]] alongside [[criminal law]]. Under the terms of the Constitutio Criminalis Carolina, actions such as [[murder]], [[manslaughter]], [[robbery]], [[arson]], [[homosexuality]] and [[witchcraft]] were henceforth defined as severe crimes. In particularly the Carolina specified that those found guilty of causing harm through witchcraft should be [[execution by burning|executed with fire]], laying the foundation for the mass [[witch trial]]s between 1580 and 1680. It was also the basis for the use of obtaining confessions by [[torture]]. +==Private law in common law jurisdictions==
 +The concept of private law in [[common law]] countries is a little more broad, in that it also encompasses private relationships between governments and private individuals or other entities. That is, relationships between governments and individuals based on the [[law]] of [[contract]] or [[tort]]s are governed by private law, and are not considered to be within the scope of [[public law]].
-The aim of the Constitutio Criminalis Carolina was to unify the legal system of the [[Holy Roman Empire]], and thereby put an end to the penal jurisdiction which had until then varied haphazardly between the Empire's states. The Carolina succeeded in this despite a [[severability clause]] under which the Carolina only had subsidiary importance to the particular laws of the [[Imperial Estate]]s. This severability clause was necessary to secure the assent of the Imperial Estates, which wanted to hold on to their own legal and legislative powers. Nevertheless the severability clause did not detract from the Carolina's unification of the legal system and its reformatory effect on criminal law was indisputable.+== Areas of private law ==
 +*[[Civil law (common law)|Civil law]]
 +**[[Contract law]] or [[law of obligations]]
 +**[[Law of torts]]
 +**[[Property]] law
 +**[[Family law]] family-related issues and domestic relations including, but not limited to marriage, civil unions, divorce, spousal abuse, child custody and visitation, property, alimony, and child support awards, as well as child abuse issues, and adoption.
 +**[[Inheritance|Succession]], estate, probate, and testamentary laws
 +**Law of agency
 +*[[Labour law]]
 +*[[Commercial law]]
 +*[[Corporations law]]
 +*[[Competition law]]
 + 
 + 
 +== See also ==
 +* [[International Institute for the Unification of Private Law]]
 +* [[International Journal of Private Law]]
 +* [[Private law society]]
-Further historical importance of the Constitutio Criminalis Carolina arises from the fact that this was the first adoption of the canonical Italian legal institute of the inquisition. Earlier criminal law only dealt with accusations of the victim of the crime without making inquiries of its own. The inquisition gave the court the chance to examine a case on its own accord and to find a judgement basing only on facts without being restricted by the interests of the parties. 
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Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems. It is to be distinguished from public law, which deals with relationships between natural and artificial persons (i.e., individuals, business entities, non-profit organizations) and the state including regulatory statutes, penal law and other law that effects the public order.

In general terms, public law involves interrelations between the state and the general population, whereas private law involves interactions between private citizens.

Private law in common law jurisdictions

The concept of private law in common law countries is a little more broad, in that it also encompasses private relationships between governments and private individuals or other entities. That is, relationships between governments and individuals based on the law of contract or torts are governed by private law, and are not considered to be within the scope of public law.

Areas of private law


See also





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