Private Law


Private law is a regulations that covers the rights and interests among individuals in society. Private law is a collection of law regulations that organizes human’s behavior towards other people, related with every rights and obligations in their daily life among society or family.

Private law is divided into two, which are material private law and formal private law. Material private law accomodates private interests in every law subject. Meanwhile, formal private law accomodates on how a person is maintaining their rights if it is violated by other people.

The scope of private law is divided into four (4) parts:

a. The law of person or personal law (persoonenrecht), that is accomodating things about;
    • Human as law subject
    • Human as in their capacity for having their rights and acts by their ownselves to implement their rights

b. The law of family relation or family law (familierecht), that covers things as about;
    • Marriage and/or divorcement, alongside with any in-law relation that is caused by it including the law of asset among husband and wife
    • In-law relation between parents and their children or parent’s authority (ouderlijke macht)
    • Guardianship (voogdij)
    • Wardship (curatele)

c. The law of wealth or wealth law (vermogensrecht) that regulates things about in-law relations that can be valued by money

d. The law of inheritance or inheritance law (erfrecht), that regulates things about someone’s assets or wealth if they already pased away, regulates the law consequences of the family relation towards the inherited assets that is left by a person. This law also regulates on how the rights and obligations of the inheriter is converted into its receiver. The rights and obligations are not only in the form of many, but also can be in form of another rights and obligations that can be valued by money. In conclusion, by the explanation above we can conclude that inheritance law is a part of wealth law. But, inheritance law is also related with family law, beause the basic occasion for inheriting something is family relation.