El derecho privado como cuestión pública.

The central idea of this book is that private law has an undeniable public dimension. This is not about arguing against the public/private distinction. The distinction, although controversial, can be drawn. The question is determining which way is worth plotting. The difficulties that theorists have faced when classifying the different branches of law as public law or private law are well known.

Usually, dualisms are considered such as general interest versus individual interest, collective versus particular nature of the object of regulation, public order versus autonomy of will, among others. The problem is that not all areas of public law satisfy the first term of these dualisms, nor do all areas of private law conform to the second. Normally, constitutional law, for example, organizes the system of government of a community, thereby dealing with the organization of collective affairs, but also protects individual interests through the right to honor, privacy, and physical integrity. , to free movement, to work or to acquire private property. Within private law, on the other hand, some areas reserve a limited space for the autonomy of will, such as family law or, also, consumer law.