Legal Definitions - jus privatum

Jus privatum refers to the body of law that governs the relationships and interactions between private individuals, groups, or entities, rather than the relationship between individuals and the state.

It encompasses legal areas that deal with personal rights, property, contracts, family matters, and civil wrongs. Essentially, it's the law that regulates how citizens interact with each other in their private capacities, defining their rights and obligations towards one another.

• Example 1: A Property Transaction Dispute

  Imagine a situation where Sarah sells her house to Mark. After the sale is complete, Mark discovers a significant defect in the property that Sarah allegedly knew about but did not disclose. Mark decides to sue Sarah to recover the costs of repair.

  This scenario illustrates jus privatum because it involves a legal dispute between two private individuals (Sarah and Mark) concerning their private property and a contractual agreement (the sale of the house). The laws governing property sales, contracts, and disclosure obligations fall under the umbrella of private law, regulating how citizens interact with each other in their personal and financial dealings.

• Example 2: A Child Custody Arrangement

  Consider a divorced couple, Emily and David, who are negotiating the terms of child custody and visitation for their two children. They seek a legal agreement that outlines parental responsibilities, living arrangements, and decision-making authority.

  This situation is a clear example of jus privatum because it deals with family law, which governs the private relationships between individuals, specifically parents and children. The legal framework for divorce, child custody, and support is designed to regulate the private affairs of citizens among themselves, rather than their interactions with the government.

• Example 3: A Business Contract Breach

  Suppose "InnovateTech Inc.," a private software development company, enters into a contract with "Global Marketing Solutions," another private company, to develop a new advertising platform. InnovateTech Inc. fails to deliver the platform on time and to the agreed specifications, leading Global Marketing Solutions to suffer financial losses and sue for breach of contract.

  This scenario demonstrates jus privatum because it involves a legal dispute arising from a contract between two private entities (companies). The laws of contract, which dictate how agreements are formed, enforced, and what remedies are available for breaches, are fundamental components of private law, governing the obligations and relationships between non-governmental parties.