Notes, abstracts, papers, exams and problems of Law & Jurisprudence

A Civil Tell Có

is a singleton, orderly and systematic rules of private law, i.e., a legal body which aims to regulate the civil relations of people. From the nineteenth century, all countries in Europe and Latin America and several from Africa, Asia, and Oceania have enacted civil codes.

The Civil Say Có

Once consummated independence still applies in the American nations detached from Spain, the old colonial and complicated legal system.

The young republics were soon equipped with brand new Constitutions and laws needed to consolidate the new order of things, but the old civil law remained in force because there had been no time nor peace to replace it.

But in Chile it was time and the need for a Civil Code itself and it was important to find... Continue reading "The Chilean Civil Code: History, Influence, and Structure" »

The United Nations Structure and Its Key Functions

The United Nations (UN) is structured into several key organs, each with specific functions and responsibilities. Here's an overview:

1. General Assembly (GA)

The General Assembly is the main deliberative body of the UN. It comprises representatives from all Member States, each with one vote. Its functions include discussing any matter within the scope of the Charter. While it primarily issues recommendations that are not mandatory, decisions on important matters require a 2/3 majority vote, while other issues require a simple majority.

2. Security Council

The Security Council consists of 15 members, including 5 permanent members (China, Russia, USA, UK, and France) and 10 members elected by the... Continue reading "Understanding the United Nations Structure and Functions" »

Human Rights History

Though some background on the first texts (Bills of Rights) exists, such as the 1689 English Bill of Rights, which lists several human rights, it is in the eighteenth century that precedents of human rights declarations appear:

1. Virginia Declaration of Rights (USA, 1776)

   Arising in the context of the War of Independence against England, it covers the rights of citizens, although it excluded slaves and foreigners. This declaration served as a draft for the U.S. Declaration of Independence (1776).

2. Declaration of the Rights of Man and Citizen (France, 1789)

   Adopted by the National Constituent Assembly, it recognizes equal rights for all human beings, representing a significant advance compared to the Virginia Declaration. It is

Understanding Social Disparities

Gaps: Absence of Resources

Gaps refer to the absence of capacities or resources generally considered necessary to fully develop a person's human potential.

Peculiarities: Distinguishing Characteristics

Peculiarities are the characteristics of certain individuals or groups who are perceived by the rest of society as distinct.

Indifference: Lack of Compassion

Indifference is the attitude of a lack of interest and compassion that leads us to worry more about the situation and problems of others.

Xenophobia: Fear of Strangers

Xenophobia, from the Greek, signifies the fear of the stranger or foreigner. It applies to attitudes and hate towards foreign people.

Attitudes: Positive or Negative Dispositions

Attitudes are positive... Continue reading "Understanding Social Gaps, Discrimination, and Equality" »

Typical Behavior: Disclosing Secrets

This involves revealing the secrets of another person, such as a patient, their relatives, or friends, even after the professional relationship has ended, or the person is deceased.

Privacy Law and Constitutional Rights

Constitution

The right to honor, personal and family privacy, and image.

General Health Law

The confidentiality of all information related to health.

Basic Law Regulating Patient Autonomy

Right to privacy: Everyone has the right to respect the confidential health data. No one can access information without proper authorization.

Information Requirements and Patient Care

Verbal care incorporates the risks and consequences of each intervention. Information must be truthful, understandable, and suitable... Continue reading "Patient Confidentiality and Healthcare Data: Legal Framework" »

Liability of Public Officials

1. Prerequisites for the Position

A preventive control mechanism for rotating administration officials and judges was the selection of who should administer justice.

These people were chosen from the noble and rich, with experience in times of war and conquest, of good character, raised in the Calmecac, prudent and wise, and also the servants at the palace.

A good senator is a righteous judge who hears both sides, weighs the cause of each, gives to each what belongs, and does justice always right. They are not swayed by people and do justice without passion. Thus, we can see that codes of ethics were very real.

2. Remuneration

The king remunerated judges with certain amounts of cash and food, and the right to certain... Continue reading "Accountability of Public Officials in Ancient Mexico" »

First Practice

First Course

Section 1

I would suggest three principles that provide a special relevance, but there is one thing to note about them.

The provisions in which the company has reached its highest level of general interest are:

• Article 128.1: Himself says article. All this in a market economy. This article, however, is tempered by another article which sets limits, and this article is 33.3.
• Article 129.2: The enterprise.

Second Course

Paragraph 1

It must be a normative use since they supply the absence of law. As a condition of use policy, it must also be legitimate.

Furthermore, it should be obvious (which is recognized by all stakeholders in this area).

If it were not obvious, proof would be required.

Paragraph 2

In accordance with Article

Administrative Appeal

Replacement may be appealed in the following resolutions:

• Measures of management and inconclusive decrees issued by the Clerk, except in cases where the law provides for direct appeal review.
• Autos orders and non-definitive replacements may be brought before the same court that issued the original decision.

This is a non-returnable resource: the same body (or Court Clerk) that issued the contested decision will review it.

Features:

• The filing of an administrative appeal does not prevent the agreement in the contested decision from taking effect. If the action is estimated, it will quash the decision and be made ​​according to it.
• The application for reconsideration is resolved by Order of the Court or by decree of the clerk.

Unconstitutionality Challenges

When a court considers that a regulation having the force of law may be contrary to the Constitution, the issue of unconstitutionality is raised before the Constitutional Court.

Characters

1. Any type of process, any field.
2. Decidendi must be standard, whose validity depends on the fault.
3. The question arises whenever the judge acts on their own initiative or at the encouragement of the parties.
4. This produces cessation of the main process.
5. There is no suspension of the law (except when the government challenges a standard issued by the Autonomous Community before the Constitutional Court).
6. Fuzzy control nuances: through the issue, the judge can reach the declaration of unconstitutionality.

Procedure

1. Admissible admission.
2. Transfer

Roman Law

Roman Law represents the legal system developed by the Roman people throughout their history. It comprises institutions created by the Roman people to address the situations encountered in the daily lives of citizens within their territory. This legal system is deeply connected to the core aspects of Roman life.

During imperial times, the Ius Civile Romanus was formed by new laws emerging from the emperors through their constitutions. It was in the sixth century AD when Emperor Justinian I collected the works of previous jurists (jurisconsults) in the Corpus Iuris Civilis. This led to Roman law being identified with the laws contained in the works commissioned by Justinian (Digestum, Codex, Novellae, Institutiones). It's important to... Continue reading "Foundations and Principles of Roman Law" »