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Various Historical Considerations Regarding The Public Law–Private Law Dichotomy

Listed author(s):
  • Emilian CIONGARU


    (Hyperion University – Bucharest; Associate Scientific Researcher, Institute of Legal Research “Acad. Andrei Radulescu” of the Romanian Academy)

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    Throughout the history of law, has been structured logically in law institutions and branches being considered in a divided or unitary manner. But legal norms have obtained general recognition either taken as a unitary system or divided into divisions or branches as maximum logical-organizational structures. The law originally intersects with the process of formation and evolution of the state. The law has been formed unconsciously as the result of a psychological process in which the individual reacts to certain external stimuli. At the beginning, the law came under the form of non-unitary chaotic customs or practices. In the second phase, the law, though yet rudimentary, became a conscious action being imposed by a public force. The difference between the public law and the private law results from the fact that private law may be attributed to the structure of society, and the public law may be attributed to the superstructure of society. Even nowadays, the delimitation between the public law and the private law is not clear, because the most numerous legal relations refer both to the general interest and the private interest and, basically, the legal norms contribute to public order as the observation thereof brings social peace.

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    Article provided by Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences) in its journal “Perspectives of Business Law” Journal.

    Volume (Year): 3 (2014)
    Issue (Month): 1 (December)
    Pages: 111-115

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    Handle: RePEc:sja:journl:v:3:y:2014:i:1:p:111-115
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