Lexipedia

Public vs private law distinction

Public law governs state authority and public interests; private law governs relationships between private persons, though boundaries often overlap.

Public law concerns the organisation and exercise of public power, including constitutional, administrative, tax, criminal and procedural matters. Private law regulates relations between individuals, companies and other private actors, such as contracts, property, family and tort. In Switzerland the distinction affects jurisdiction, applicable procedures, remedies and the role of mandatory rules. It is not always clear-cut: state-owned entities may act privately, private actors may perform public tasks, and areas such as employment, health or financial markets combine public regulation with private-law relationships.