Elaboración del derecho. Derecho económico y derecho de la economía

Abstract

This article is aimed at analyzing the problems that arise when seeking to include emerging rights in the traditional divisions of public law and private law, as well as in social law. To do this, the legal, social, political and economic elements that intervene in the development of law are reviewed. Based on the thesis that law is not totally autonomous or neutral, a study of the relationship between law, State and power is prepared. These reflections focus on distinguishing the characteristics of economic law and the law of the economy in order to establish the differences between these two conceptions of law and their impact on the regulation of the economy