1- As Superiority: While examining the Public Law, the “state” is held in a superior position from the parties. It is understood from this that public law is superior to private law, and there is a principle of equality between individuals in private law.
2- In Terms of Mandatory: Public law has an imperative character. The parties cannot agree otherwise. In private law, although some of them are mandatory, most of them are not mandatory rules and the parties may agree to the contrary.
3- Public Interest and Private Interest: The purpose of public law is the public interest. There is no such requirement in private law. It is based on protecting the private interests of individuals, which in fact benefits the public interest.
4- Unilateralism Bilateralism: Administrative contracts aside, public law contracts are one-sided. A contract is formed by the will of the public person. In private law, no one can force their will to be accepted, there are mutual and bilateral declarations of will. This is called the principle of freedom of will.
5- Enforcement: Public law decisions are executive decisions. Public law authorities execute the proceedings directly.
6- Presumption of Compliance with Law: As a rule, there is a presumption of legality in public law. It is deemed lawful until it is revoked. In private law, what is illegal and what is appropriate depends on the court.
7- Ex officio Application: The rules of public law are those that are applied ex officio. Authorities implement decisions without the need for demand. In private law, there is no ex officio application (there may be exceptions).
8– Court in Charge: In the Turkish legal system, private law cases are tried in the courts of the civil jurisdiction. These are the courts of first instance and the civil courts of peace.
In public law, in the administrative field, the administrative courts and the Council of State deal. Tax courts located here also deal with tax disputes. Criminal law, on the other hand, is handled by the criminal courts, which are in the judicial jurisdiction.
9- Sophistication: Public law has only just begun to develop compared to private law, excluding criminal law. For this reason, its development compared to private law can be considered behind. It is an evolving law. Private law, on the other hand, is a law that has shown great progress and is showing.
