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Halaman Utama Shvoong>Hukum & Politik>Hukum Umum>Perbedaan Antara Hukum Publik Dan Hukum Privat

Perbedaan Antara Hukum Publik Dan Hukum Privat

oleh: suconet     Pengarang : ludovico
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Ringkasan ini diterjemahkan dari Differences between public law and private law
 
Public law consists in norms that rule the organization of State and its public issues and is in position of suoremacy in confronting private law offered by State in regard to citizens. Publiv issues can stipulate a contrast by using private law. Public law consisists in interrogative norms while norms of private law are generally questionable allowing individuals to adapt the legal situations to the private ones.. There are however questionable norms in private law also, an example from family law has been given that for its social revelation consists in norms that cannot be questioned by subjects. It has not been questioned in fact, that the private ones imply a different application of marriage from the one described by the norms of family law, in this case we are talking about coersive norms.
Private law reflects the interests of single individuals and garantees equality between subjects of a judicial report. The questionable legal norms are divided in dispositive and supplementing norms. The first ones adapt to a determined object but allow individuals to regulate the reports of them, For example in regard to give and take the terms of contract are to the charge of buyer, stability between parties, by means of a different regulation. The supplementing norms regulate a report only in case of a missing regulation of parties. Public law is formed by norms and base principles that are in force, say in public law that in reports among private ones. The norms of private law instead should necessarily according to them and not contradict to the main prinsciples of legal regulation (Constitution).
Diterbitkan di: 08 Desember, 2011   
Mohon dinilai : 1 2 3 4 5
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