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1. PUBLIC
VERSUS
PRIVATE LAW
DEPARTMENT OF PUBLIC AND PRIVATE LAW
LECTURER: LAETITIA MAKOMBE
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2. Topic 1: Public law
Topic 2:Private law
Quiz
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3. 1. PUBLIC LAW:
Public law is the part of law that governs relations between legal persons and a government, between different institutions within a
state, between different branches of governments, as well as relationships between persons that are of direct concern to society.
Public law comprises constitutional law, administrative law, tax law and criminal law, as well as all procedural law. Laws concerning
relationships between individuals belong to private law.
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4. 1. PUBLIC LAW:
The relationships public law governs are asymmetric and unequalized.
Government bodies can make decisions about the rights of people. However, as a consequence of
the rule-of-law doctrine, authorities may only act within the law. The government must obey the
law.
For example, a citizen unhappy with a decision of an administrative authority can ask a court for
judicial review.
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5. 2. PRIVATE LAW
Private 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 civil legal systems).
It is to be distinguished from public law, which deals with relationships between both natural and
artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and
other law that affects the public order. In general terms, private law involves interactions between
private citizens, whereas public law involves interrelations between the state and the general
population.
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6. 2. PRIVATE LAW
Private law is the body of law which govern the relationship between private individuals. It covers
various key areas of law; contracts, property, equity and trusts, torts, succession and family law
are the most imperative of these areas.
While a significant number of the fundamental standards of private law stem from the judge-made
common law, the private law also progresses as legislative enactments that expand upon or
rebuilds, the common law.
A number of relationships administered by private law are isolated in nature; for example, the
family relationships. However, the private law covers private relationships arising out of business
and financial transactions as well.
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7. 2.ACTIVITY:
1. Is the following statement True/False: Public law and private law belong to the same legal denomination?
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True False

8. That’s incorrect!
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9. That’s correct! Back to
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