private law is a right area, relations of legal (not: economically) right subjects on an equal footing (natural or legal entities) regulates among themselves. Is exactly taken the civil law or civil right a part of private law, although the terms often synonymously are used.
Private law stands in the jurisprudence apart from the public right and the criminal law. It plans, contrary to the public right, a liberty of the will derived from the private autonomy, which permits it the particular in principle, with othersinto a legal relation to step also to do (or without it). This liberty can be by a multiplicity of actual conditions reduced, approximately by a monopoly or the financial Leistungskraft of the particular. It is however independent of it for private law coining/shaping,because it permits an organization of the right without national influence. One of the most important organization means under private law is the contract under private law.
Private law is divided into the civil law (or civil right) and into other private law. In the civil law as the generalThe fundamental rules are fixed to private law over the persons, the things and the obligations (obligations). The other private law, which is summarized occasionally with special private law and restaurant economics, particularly is in the industrial law, in the rental law and other one - detailed much -Right areas in detail regulated.
Central standardization of the civil law are in Germany the civil law book (BGB), in Austria the general civil law book (ABGB), in Switzerland Swiss the civil code (ZGB) including obligation right (OR). The code civil in France is a similar Kodifikation, which is derived directly from the code Napoleon and model for the remaining Kodifikationen of the so-called civil Law Countries was.
- Dieter Medicus: Basic knowledge to the civil right. 6. Edition. Heymann, Cologne/Berlin/Munich 2004, ISBN 3-452-25804-1
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