Legal Definitions - private law

Private law is the branch of law that governs the relationships, rights, and duties between private individuals, and between individuals and private organizations. It focuses on disputes and agreements where the government is not acting in its capacity as a sovereign power, but rather as a party to a dispute or as the enforcer of private rights.

This area of law covers a wide range of interactions, ensuring fairness and providing mechanisms for resolving conflicts that arise in personal, business, and property matters.

• Example 1: Contract Dispute Between Businesses

  Imagine a scenario where "Green Energy Solutions," a private company, contracts with "Urban Development Group" to install solar panels on a new residential complex. If Green Energy Solutions fails to complete the installation on time, causing financial losses for Urban Development Group, any legal action taken by Urban Development Group to seek compensation for breach of contract would fall under private law. This is because the dispute arises from an agreement between two private entities, concerning their mutual obligations and rights, rather than involving the government directly as a party.

• Example 2: Property Boundary Dispute

  Consider two homeowners, Ms. Chen and Mr. Davis, who live next door to each other. Ms. Chen believes that Mr. Davis has built a new shed partially on her property, encroaching on her land. If Ms. Chen decides to sue Mr. Davis to have the shed moved or to clarify the property line, this legal action would be governed by private law. The case concerns the property rights and boundaries between two private individuals, and the legal system is used to resolve their personal dispute over ownership and use of land.

• Example 3: Divorce and Child Custody

  When a married couple, Sarah and Mark, decides to divorce, the legal processes involved in dividing their marital assets, determining spousal support, and establishing custody and visitation arrangements for their children are all matters of private law. These legal proceedings address the personal relationships, financial obligations, and parental rights between private individuals within a family context. The state provides the framework and courts to resolve these issues, but the core dispute is between private parties.