Chapter 3: Branches of Law Flashcards
branches of law
divisions of the Objective Law that are differentiated depending on the subject matter that legal rules regulate
differences b/w public & private law
PUBLIC = aims to pursue public interest
- rules govern relations in which state/other public organ can intervene
- public entities intervene in a situation -> have power of authority
PRIVATE = aims for the satisfaction of private interest
- rules govern relations b/w individuals
- subjects of legal relation are in equal position
all legal rules are elaborated having in consideration the public interest (even in private law)
distinction b/w internal vs international law
international = a set of rules regulate the international system of relationships (States, organizations…)
internal = set of rules that regulate the internal system of relationships developed within a State
public international law
mainly deals w/ the relations b/w States, as well as between States and international organizations, in order to build a community
most relations between States are made through bilateral or multilateral international treaties
article 8 CRP = “norms and principles of general or common international law form an integral part of Portuguese law”
private international law
aka conflicts of law
applied in private situation of individuals, w/ international context, where conflicsts of laws arise
-> in CC because conflicts of law finds shelter in the CC which are the main document source of a country’s private law
(whole chapter 14-65)
examples of private international law
European Directive = promotes harmonization b/w member states & transposed in their internal laws
- countries are given a goal and it is up to them to devise their own laws to achieve it
European Regulation = main legislative instrument of EU
- direct applicability -> laws dont need to be published in Official Gazette (eg. GDPR)
public internal law (8)
Constitutional Law = rules that take state & organs of sovereignty into considerations
Administrative Law = rules that regulate organization of organs of executive power of the State
Criminal Law
Law of Mere Social 0rdering = rules that qualify certain unlawful acts of minor gravity & establishes fines
Financial Law
Tax Law
Procedural Law = everything related to Courts
Road Law
private internal law
Common Private Law = Civil Law
Special Private Law
Hybrid Law (eg. Environmental Law, Sports Law…)
Common Private Law’s Branches (4)
Obligations Law = juridical bonds
Law of Things = governs power people have over something
Family Law
Succession Law = rights & obligations ‘mortis causa’
Special Private Law’s Branch (4)
Commercial Law = govern acts & activities of trade
Labour Law
Copyright Law
Industrial Property Law = rights in industry
