El sistema de justicia frente a la difuminación del derecho privado

Abstract

The purpose of this paper is to analyze the disappearance of “private law” as a useful category for the analysis of relationships and conflicts raised between individuals. On the contrary, it is proposed to use the “civil law” to address the problems traditionally approached by that “private law”. In order to establish the convenience of this change, we analyze certain modifications produced in the last century, namely: the rules that govern relations between individuals, the development of the international human rights system and the impact of technology on the society. Finally, we evaluate some judicial cases in which the conflict was addressed from a constitutional and conventional perspective, according to the change that is described.