Branches of the right

The Right, as a legal science, is not a unit science.

The legal provisions form a unit heterogeneous. To simplify their study, one divided them, according to scientific criteria. This division results at the same time from the Codification which was operated, of the texts, the practice, and the university educations. The Right is thus divided into subsets which one commonly calls “branches of the right”.

Interest

This classification wants to be convenient, in order to better determine contours of a matter.

One assists since the beginning of the 20th century, with a phenomenon of diversification of the right (due to the technology and advance in knowledge, to an increasing complexity of the economy, an increased official interventionism, etc). New matters appeared with the development of the social relations, in particular international. One can thus quote the example of the Droit of competition, of consumption, or of the environment.

This diversification was followed by a wave of specialization on behalf of the professionals.

The criteria selected are often arbitrary, but it is necessary to limit the range of this classification: it is only of practical interest, and certain concepts, in a matter however defined well and classified, can actually be transverse. Certain matters are, in addition, difficult or impossible to classify.

Distinction between national right and international law

A first distinction must be brought between national right (legal order internal) and international law (international legal order).

The international law is the whole of the legal provisions which are interested in the relations which exist between the various States or their nationals. The national right is interested, him, with the social relations which exist between the nationals of the same State.

One can thus distinguish 2 branches from the right within the international legal order: private international law, and public international law.

Public international law

The public International law contains the whole of the legal provisions which regulate the relationship between States , and defines the organization, operation, the competence and the capacities of the international organizations.

Private international law

The private International law contains the whole of the legal provisions which regulate the relationship between natural persons or morals national of different States. It governs the reports/ratios of private individuals between them when there exists a foreign element.

Its object is, in the event of Conflit of laws in space, to determine the applicable duty, to specify the competence of the jurisdictions and the effects international of the judgments, to fix the rules of granting and loss of nationality, and finally to regulate the conditions of entry and stays from abroad on the national territory.

For example, the question “French and Irish, married in Germany and domiciled in France, can they divorce and if so, according to which rules? ” calls concepts of private international law.

Regional rights

Certain areas of the world formalized their international relations while meeting.

Right of the European Union

The Droit of the European Union (sometimes still called Community legislation) is the right studied the unit of the legal provisions relating to the European Union. The international treaties form the originating Community legislation, while the payments and the directives form some of the elements of the derived Community legislation, instituted by the treaties which found the Union.

The right of the European Union forms, in the countries which adhere to it, an legal order different from the national legal order, but also from the international legal order. It can contain legal provisions private, as much as legal provisions public.

European right

The European Droit is the right containing the unit of the treaties relating to the the Council of Europe. Particularly, the European Convention of the human rights is a dominating element of the European right.

Distinction between private law and public law

The Private law

The Private law is the part of the Droit which governs the relationship between the private individuals who it is about natural persons or of moral persons of private law.

The principal branches of the private law are:

the Civil law:

the Right of the family
the Right of the goods (or right realities, of Latin LMBO , thing))
the Right of the obligations:

General scheme of the obligations
concept of cause of the obligation
Contract law special
Civil responsibility

Responsibility extra contractual or criminal
contractual Liability

example: exemplary Damages (the United States)

the private International law
the Right of the businesses. Its contents are prone to debate but it is allowed that it gathers:

the Commercial law
the Company law

Social right or law labor.

the Right of the companies in difficulty
the Right of the competition
the Right of consumption
the banking Right and the Right of the insurances
the financial Right, including the stock exchange Droit
the Droit of data processing
the countable Droit
the Droit of the professional secrecy exists in the United States and in the Anglo-Saxon countries, but not yet in France.

the Economic right.

the Right of the competition
the Right of the intellectual property, of which:

the Right of the literary property and artistic which includes/understands:

the Royalty
Right neighbors of the royalty

the Right of the industrial property, which includes/understands:

the trade-mark law
the Substantive patent law
the Right of the drawings and model

Public law

The public Droit governs the existence and the action of the public power.

The four principal branches of the public law are:

Of these four matters are derived:

the Right of the territorial collectivities;
the Right of the public office;
the right of the public service;
the Right of the government contracts;
the Right of town planning;
the Right of the environment;
the Revenue duty (this right is nevertheless in extreme cases of the private law, in particular of the right of the businesses, and the public law)
part of the Droit of health (with regard to the responsibilities for the public hospital);
the economic Public law; ;
the European Droit is a case with share, with the departure strongly enraciné in the public international law (relationship between states and international institutions), it is from now on creator of private rights reports.
the Social right which include/understand the Law the labor and the Droit of the social security.

Mixed duties

The mixed duties are rights in which one cannot make division of the rules coming from the public law and private, i.e. rules coming from the individual actions and the rules which relate to the public powers. The mixed duties have recourse to the whole of the sections of the right which carries out a combination of the legal provisions private and public. Examples:

criminal law: it is generally attached to the private law, because its sanction depends on the legal jurisdictions: the magistrates' court is actually a specialized room of the Court of Bankruptcy; as a last resort, the penal matters are judged by the Court of appeal, etc But, by nature, the criminal law belongs rather to the public law: it organizes the relationship between the State and the individuals. It is only by facility which one accepts that the victim carries in front of the repressive court its request for repair, for which the civil judge should have been qualified (“to go civil part”). The criminal law does not have for first vocation to organize the relationship between delinquent and victim, but between the company and the delinquent.
processual right: it is a mixed duty because it relates to the common rules with the various civil procedures, penal, administrative, international or European.

Breathlessness of the distinction between private law and public law

Although practical for the spirit, the distinction between the private law and the public law actually appears rather artificial. In addition to the fact that the existence of mixed duty is supported by certain, it appears that often branches concerned with the private law are tinted of public law, the reverse being also true.

The socialist rights do not distinguish between public law and private law.

See too

Internal bonds

External bonds

branches of the right on the site of the University Lyon III
branches of the right on the site of the Canadian Encyclopedia.

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