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The article aims to explore how the state influences private law and defines limits on private autonomy.

March 26, 2026

Private and Public Law: The Primacy of the State and the Limits of Private Autonomy

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The article aims to explore how the state influences private law and defines limits on private autonomy.
Examined doctrinal criteria for differentiating private and public law
Analyzed legal mechanisms that set boundaries on private autonomy
Discussed implications of state authority in regulating privatization
Private autonomy is viewed as a legal regime recognized and secured by the state
State participation in certain sectors is justified by national interests and economic security
A balance between private and public elements is essential for effective regulation

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This article analyzes the relationship between public authority and private autonomy, suggesting the need for balance in legal frameworks.

Sergey Nikolaevich Khrameshin (2016) studied this question.

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This article analyzes the relationship between public authority and private autonomy, suggesting the need for balance in legal frameworks.