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Alternative title:

Publicization of private law — privatization of public law in the context of considerations about European law

Subject and Keywords:

private law   privatization of public law   European law

Abstract:

An early classificatory attempt at amost basic distinction is the classical formulation of Ulpian, later codified by Justinian, that “the study of law is divided in two branches; that of public and that of private law. Public law is that which regards the government of the Roman State; private law that which concerns the interests of the individuals.” In the continental legal systems there is the most fundamental distinction between private law and public law. English law, on the contrary, avoids a strict separation of private and public law. In this article the authors presents traditional criteria of the public law/private law divide. One part of this paper is devoted to the problem of interpenetration between public law and private law in the context of the European Union and global economy. In the author’s opinion European law introduces new tensions into our legal understanding of what is “public” and what is “private” law.

Place of publishing:

Wrocław

Publisher:

Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:

2013

Date copyrighted:

2013

Resource Type:

text

Identifier:

ISSN 0239-6661   ISSN 0137-1134

Language:

pol   eng

Relation:

Acta Universitatis Wratislaviensis, ISSN 0239-6661, No 3502. Przegląd Prawa i Administracji 2013, 92, s. 11-36

Is version of:

Czasopisma Naukowe w Sieci (CNS)

Access rights:

The use of this material is allowed only with accordance of applicable rules of fair use or other exceptions provided by law, and any broader use requires the permission of the authorized entity

License:

Making materials available on the basis of the agreement with the owner of the property copyrights

Rights holder:

Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.