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Codified and Common Law systems
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Difference between the Codified and Common law systems, the role of international Law, origin of the two systems, equity system.
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2. Lesson 2Thursday, 13 January 2022 16:04
Public law protects the interest of the community seen as a whole
Private law protect the interest of the private person and gives him the needs to satisf
The Constitution is the main source of Public law, ruling how the several public bodies
The Constitution not only deals with the main principles of the Republic or the public l
the principles and rights relevant also for the private law.
These principle regards either the public relations and the private ones —> Constitutio
private law
—> People are protected both as individual and as a group:
It protects:
• The person’s dignity
• The person’s home and correspondence
• The family
• Businesses
• …
—> all these rights were originally created to protect the people from the state. But th
recognised and have the same validity towards other people, not only the state.
—> they are called inviolable rights (art. 2-14-15 Const.)
These rights protect the person as a human being, not under an economic point of vie
Other economic values that concern the person are not so important: Concerning the
the constitution protects the right to private property, the freedom of enterprise… —>
considered inviolable
There is a hierarchical relationship between the constitution and the Codes: the Codes
the Constitution
The constitutional provisions can be directly applied and are directly effective.
Private and public law are different from the International public law = the set of provi
regulate the relationship between the states and international bodies.
! The states have an absolute authority, there is no other organ that control them. The
obliged to govern their relationship in 2 ways:
○ Agreements
○ Customary law - produced by the same conducts of the state = a non written law
states to respect the agreement
(Customary laws are applied when navigating the sea)
There are international agreements of every kind. They can create organizations to be
problems (ex. European Union)
The International private law is a different matter because regulates cases of transnati
among private persons: provisions applied when there is a relationship between peop
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