Notes, summaries, assignments, exams, and problems for Law & Jurisprudence

The Invalidity of Administrative Acts

A) The Theory of Invalidity in Administrative Law

When an act is null and void (absolute invalidity), it possesses inherent, immediate, ipso jure, and general inefficiency, along with an inability to be confirmed by the person concerned. This inefficiency means the act is deemed invalid from the moment it was issued (ex tunc), ipso jure, and without the need for judicial intervention, although an appeal may sometimes be necessary for a judge to formally declare the nullity.

The inefficiency has general effects, meaning anyone can initiate a procedure to annul the act, not just the directly affected party. This inefficiency does not expire or prescribe; a process to cancel the act can be initiated at any time.... Continue reading "Invalidity of Administrative Acts in Public Law" »

Applicable Legislation for Incompatibility Cases

The proper development of this case requires, first, determining the applicable law. The primary legislation is the Law 53/1984 of 26 December on personal incompatibilities in the service of public administrations. Autonomous legislation on incompatibilities that may exist would also apply. However, it should be noted that in this case, both rules (state and regional) are almost identical.

Compatibility of Activities Carried Out by Mr. Domenech

The analysis of whether the activities carried out by Mr. Rafael Domenech are supported by law requires distinguishing between two scenarios:

1. The company, Comprehensive Housing Counseling Service, is publicly owned.
2. The company, Consulting Comprehensive Public

The Courts of Cádiz and the Dawn of Liberalism (1808-1814)

In September 1808, the Courts of Cádiz established a central supreme board chaired by Floridablanca. This board later transferred its authority to a Council of Regency. Society became divided into liberals and absolutists. The Constitution of 1812 was approved, establishing the principles of a liberal regime:

• Indirect universal suffrage
• Equality of citizens before the law
• Abolition of traditional councils
• Removal of customs barriers

The Reign of Fernando VII: Absolutism and Liberalism (1814-1833)

After the liberal period, Fernando VII returned, ushering in six years of absolutist rule. This was followed by the Liberal Triennium (1820-1823) and then the repressive Ominous Decade (1823-1833)... Continue reading "Spain's 19th Century: From Absolutism to Republic and Restoration" »

Understanding Circumstantial Evidence in Trials

In criminal trials, it is not uncommon for there to be no direct evidence of a defendant's participation in a particular offense. In such instances, indirect or circumstantial evidence becomes crucial. This type of evidence aims to convince the court of the truth or certainty of facts that are not direct elements of the offense being tried. However, from these facts, the reality of the crime or the defendant's involvement can be deduced based on logic and experience. Often, this trial evidence leads to a legal presumption.

Key Requirements for Valid Circumstantial Evidence

For circumstantial evidence to be considered valid and effectively used, several conditions must be met:

• Multiple and Varied Indications:

International Standards in Domestic Law

This section examines the theoretical approaches to integrating international standards into a nation's legal system and details the specific framework within Spanish law.

Theoretical Approaches to Treaty Integration

• Dualistic Systems (e.g., Great Britain): Require internal approval. The treaty's scope is determined by the domestic law that incorporates it. In these systems, a later treaty can repeal a previous law, and a law enacted after an earlier treaty can also repeal it.
• Principle of Competition: Certain matters governed by international treaties would fall outside the scope of domestic rules. This acts as a reserve, preventing potential incompatibilities.
• Hierarchy of Norms: Establishes a clear hierarchy,

Anarchism in Spain: From Direct Action to Anarcho-Syndicalism

The international section of Spanish anarchism, stemming from the Bakunin trend, changed its name to the Federation of Workers in the Spanish Region (FTRE). This adaptation was necessary due to new laws banning international organizations operating from abroad.

During the 1893–1897 period, Spain witnessed outstanding acts of social violence, including:

• Attacks against key figures in political life.
• Bombs at the Liceo de Barcelona (Bcn), a representative body of bourgeois society.
• Attacks against the procession of Corpus Christi, a symbol of popular ecclesiastical worship.

Anarchism was accused of being behind the "Black Hand," murders attributed to its members, and the burning of crops... Continue reading "Spanish Labor Movement History: Anarchism vs. Socialism (1879–1910)" »

External Payment Methods in International Trade

The choice of external payment methods in international transactions often involves a trade-off: greater security typically results in less flexibility, and conversely, less security means more flexibility.

Essential Documents in International Transactions

Documents are crucial in international transactions and are often categorized into business documents, financial documents, transport documents, and insurance documents. Financial documents, directly related to formalizing payment and guaranteeing repayment, commonly include:

• Bills of exchange
• Promissory notes
• Checks

Key External Payment Mechanisms

Payment Orders

Payment orders are similar to bank transfers. Their use is common when there is a high level... Continue reading "International Trade Payment Methods: External Options Explained" »

Individual Companies

• Members: 1
• Capital: Low
• Liability: Unlimited
• Registration: Not registered in the commercial register
• Decision-making: Employer/Manager
• Administrative Body: Entrepreneur
• Capital Transfer: Not applicable
• Taxation: Personal Income Tax
• Advantages: Less paperwork, quick decisions
• Disadvantages: Limited support, potential personal liability

Civil Society (Public and Private)

• Members: Minimum 2 partners
• Capital: Low
• Liability: Limited or unlimited
• Registration: Not registered
• Decision-making: Employers
• Administrative Body: Employers
• Capital Transfer: Not applicable
• Taxation: Personal Income Tax
• Advantages: Support, quick to assemble
• Disadvantages: Requires partner agreement, potential liability

Mercantile Collective Society

• Members: Minimum 2 partners
• Capital:

Understanding Labor Law: Core Principles

Labor Law is the set of rules governing relations between employers and workers.

Key Characteristics of Labor Law

• Voluntariness: The employee must freely decide to enter, continue, or terminate the employment relationship.
• Dependency (Working for Another's Account): Work is performed for someone else, who receives the fruits of labor in exchange for remuneration. This excludes self-employment.
• Subordination: The employer directs when, where, and how the work is performed.
• Personal Performance: The work must be performed personally by the employee, who cannot be substituted.
• Compensation: All work activity must be compensated, excluding unpaid labor. The employee receives a salary, and the employer benefits

Attributable Breach

A breach of duty may be attributable to the debtor due to fraud, fault, or default.

Non-Attributable Breach

A breach is not attributable to the debtor if it is due to unforeseen circumstances or force majeure. As stated in Article 1105 of the Civil Code, no one is responsible for events that could not be foreseen and were inevitable (except in cases expressly mentioned in the law or obligation).

Causes of Breach

A) Attributable to the Debtor (Art. 1101 CC)

• Fraud (Dolo)
• Fault (Guilt)
• Default (Mora)

B) Not Attributable to the Debtor (Art. 1105 CC)

• Fortuitous Event
• Force Majeure

Note: Fraud implies malice, deceit, while guilt refers to negligence and carelessness.

Fraud (Dolo)

A conscious will to produce an unjust act (Definition within... Continue reading "Breach of Contractual Obligations" »