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Clive
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226006
Wed, 17 May 06 02:06 AM
Hi Forbes,
Interesting. What you describe sounds to me like what I would call criminal versus civil law, or is that something else entirely?
Can you please provide a simple example of a private law, and of a public law? For example, if I steal your wallet, am I breaking a private or a public law?
Best wishes, Clive
Joined on
Thu, Oct 28 2004
Canada
Veteran Member
29,630
El tango argentino es un pensamiento triste que se puede bailar (The tango argentino is a sad thought which can be danced) Enrique Santos Discépolo
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Forbes
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Wed, 17 May 06 12:24 PM
Hi Clive,
Public law includes constitutional law, administrative law and criminal law. It covers such areas as transport, the environment, education, planning rules, taxation etc.
Private law deals with the relations between individuals. It covers such areas as contract, tort, property rights, family law etc.
If you want to build a house:
You need to get the necessary permits from the relevant authorities: this will be covered by the planning laws which are part of public law.
You also need to make sure that you own the land you want to build on, that where necessary you have appropriate rights of access and for services over neighbouring land and that there are no restrictions enforceable by the neighbours: this will be covered by real property law which is part of private law.
In the case you quoted both public and private law are involved. The thief can be prosecuted by the state and you can sue for compensation.
There is not necessarily a hard and fast distinction and to a certain extent what is classed as one or the other may depend on the type of legal system.
Forbes
P.S.
Are you a fan of Carlos Gardel?
Joined on
Thu, Jun 16 2005
Regular Member
895
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Clive
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226148
Wed, 17 May 06 01:35 PM
Hi Forbes,
Thanks for the explanation.
Yes, indeed, Gardel is an important part of the tango story. Even today, many people make a pilgrimage to his grave. The site includes a statue of him, and the custom is to place and leave a lighted cigarette between the statue's fingers.
Best wishes again, Clive
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julielai
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Thu, 18 May 06 04:34 AM
In U.S., private and public laws are numbered like this:
Private Law 105-2
Public Law 107-3
(Type of law - Session number - bill number)
These numbers are assigned after the bill, be it S.130, H.R.1234, or H.J. RES 2, is passsed.
Joined on
Sun, Oct 24 2004
Senior Member
3,827
Just another blogger (http://hk.myblog.yahoo.com/julie-lai)
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Boilerkarl
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Wed, 21 Jun 06 04:44 AM
Vincent,
I should probably preface my remarks by stating at the outset that I have absolutely no idea what a "public law institution" is. It sounds like the sort of phrase you might get if the document were originally written in German and translated into English using Babel Fish or something like that. (Side note: it is often fun to take a familiar quotation and run it through several translations on one of those free translation websites: English to German, German to Swedish, Swedish to French, and French to English and see what you get back. It is NEVER the same as it went in and often what you do get is uproariously funny).
Having said that, there may be a bit of context that allows us to take a guess. You wrote:
Vincent Ding wrote: | seems that a public law instition is a government body or social orginization.
that paper above mentioned concerns with the transformation of that German bank into a limited company. Maybe prior to that transformation it is a public law institution |
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It may be that the German bank in question was once a government institution that has been privatized to some extent. In the United States, a good example would be Fannie Mae, which issue loans for home mortgages. It was originally organized under Franklin Delano Roosevelt's New Deal as a government agency. In 1968, Fannie Mae was converted into a "private company," albeit, one with significant government oversight. It is now considered a "government sponsored enterprise"; it is a coporation that is owned by private shareholders, but it is guaranteed by the federal government.
Joined on
Tue, Jun 20 2006
Indianapolis, Indiana, USA
New Member
28
Cheers.
Have a shot on me...
Karl
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Boilerkarl
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Wed, 21 Jun 06 03:58 PM
Vincent:
I found an article which appears to resolve the question to some extent. Following is a quotation from the article:
With a total of over 25.000 employees and an annual turnover of over 3 thousand million DM, the four University Hospitals in Baden-Württemberg enjoy the status of large commercial enterprises and should therefore be run as such, rather than as subordinated authorities. For this reason the State converted the hospitals to independent public-law institutions as from the 1st of January 1998. This new legal status allows the Hospital’s executive and supervisory bodies to make their own independent decisions in respect of all requisite and appropriate measures for the welfare of the Hospital, its staff and, particularly, for the care of its patients. State administrative regulations are no longer applicable.
It would appear that a public law insitution is one that is authorized by law to act independently of the government. It seems this may be a case of privatization of certain facilities that were once under the supervision of government officials.
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Clive
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Wed, 21 Jun 06 11:24 PM
Hi guys,
It would appear that a public law insitution is one that is authorized by law to act independently of the government. It seems this may be a case of privatization of certain facilities that were once under the supervision of government officials.
As a non-lawyer, I find it very odd to speak of a public . . . institution as something that arises from privatization. The terms sound contradictory to me.
Still, terminology is often confusing. What you describe sounds to me a bit like what in Canada we call a Crown corporation. The Ontario electricity company is an example. It's publicly owned, but we speak of it as operating at arms' length from the government.
Best wishes, Clive
Best wishes, Clive
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Boilerkarl
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Thu, 22 Jun 06 12:58 AM
I agree Clive. If the phrase were public institution, it would be confusing, assuming, of course that I've fallen into the right interpretation of the phrase. What it looks like is an institution, that would otherwise be governmental in nature (or was formerly a government institution) that, through the enactment of some public law, has been given some degree of independence and therefore is called a public-law institution, emphasizing its origin. The public/private descriptor probably changes depending on what your perspective is. From within the government, a spin-off company is probably being "publicized," however from the perspective of a private citizen, the goverment is probably "privatizing" the company. Interesting. Apparently, the government has control of the phraseology in this respect.
On another note: I felt a little silly when I noticed that I had responded to a posting that was more than a year old. I probably provided an answer (or at least surmised one) for a person who has long since stopped checking for one. Being new to fora like this, it is something to be cognizant of before wading into a long-defunct conversation. In the immortal words of Homer Simpson, "Doh!" (Please tell me you guys have the Simpsons across the Pond!)
Cheers, Karl
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Clive
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Thu, 22 Jun 06 03:42 AM
Hi,
I understand. It's never to late to share information and comments.
As a Canadian, I don't think of myself as being across the pond, unless you are referring to Lake Ontario. (ha-ha)
Best wishes, Clive
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