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

Question: Define what is accountability and differentiate two dimensions: horizontal and vertical. Accountability is an attribute of democracy that implies control of the government by the governed.

Vertical Accountability

This dimension concerns relations between citizens and representatives, which are classically established through elections.

Horizontal Accountability

This dimension respects the relationship between the powers that be, involving checks and balances. A power controls and supervises the acts and omissions of the other. Question: The analysis of legislative production in Brazil in the post-88 indicates a supremacy of executive power. Indicate the reasons contributing to this predominance of the executive. The Constitution of... Continue reading "Understanding Accountability and Executive Power in Brazil" »

Judicial Decisions on Parental Rights

The judge will address the severity, repetition, and routine arbitrary facts when considering cases related to parental rights.

Article 353. Judicial Declaration of Deprivation of Parental Rights

The deprivation of parental rights must be declared by the judge at the request of an interested party. It is considered an interested party to bring the corresponding action:

Interested Parties Who May Bring Action:

• The other parent for whom the parentage is lawfully established, even when not exercising parental authority.
• The Attorney General, acting ex officio or at the request of the child (if the child is over twelve years old).
• Parents and other relatives of the child within the fourth degree on any line.
• The person

Francoist Reformism vs. Immobility

During this period, the Francoist regime attempted to modernize its political structure through a policy of openness, or apertura, without implementing genuine democratic changes. The political rise of Admiral Carrero Blanco signified the strengthening of the technocrats. Successive governments from 1962 onwards incorporated new ministers from this reformist line, such as Manuel Fraga Iribarne, who held the portfolio of Information and Tourism. This new direction led to a renewal policy with measures crucial for improving social welfare.

Key Legislative and Political Reforms

Several significant legislative reforms were carried out during this era:

• 1958: Within the framework of industrial relations, the Law on

Article 372. Apportionment of Maintenance Obligation Amount

The amount of the maintenance obligation may be prorated among those obligated to comply when they are physically prevented from fulfilling it individually. In such cases, an agreement on the required apportionment may be reached through conciliation and submitted to the judge for harmonization. If no agreement on apportionment is reached, the court shall establish the extent to which each party is required to contribute. Conciliation may also be conducted with the involvement of an Ombudsman for Children and Adolescents, as stipulated in paragraph f) of Article 202 of this Act.

Article 373. Equal Treatment for Children in Maintenance Obligations

A child or adolescent who, for any reason,... Continue reading "Understanding Child Support and Family Maintenance Obligations" »

Commercial Acts and Regulations

General Provisions

Scope of the Commercial Code

This Code governs commercial acts and other applicable laws.

Definition of Dealers

Dealers are individuals with legal capacity to engage in trade as their ordinary occupation. This includes companies incorporated under commercial laws, foreign companies, agencies, and branches operating within the national territory.

Legal Capacity

Every person with legal capacity can contract and be bound.

Unfair Competition

Acts of unfair competition include:

• Creating counterfeit products
• Discrediting establishments, products, or activities through false statements
• Misleading the public about the nature or manufacturing methods of products

Restrictions on Commerce

Commerce is prohibited in... Continue reading "Commercial Acts and Regulations: A Comprehensive Guide" »

Tax Prescription under the LGT

Introduction

Tax prescription is a legal institution that governs the loss of rights due to non-exercise within a specific period. It balances the principles of justice (right holders exercising their rights) and legal certainty (diligent exercise of rights to limit uncertainty). This overview focuses on Articles 66 to 69 of the LGT, detailing the key aspects of tax prescription.

Article 66: Limitation Period and Prescribed Rights

Article 66 establishes a four-year limitation period for the following rights:

• The Tax Administration's right to determine tax liability through timely settlement.
• The Tax Administration's right to demand payment of settled and self-assessed tax debts.
• The right to request refunds (as per

Constitutional Duties

Article 15 EC: Right to Life

Everyone has the right to life and physical and moral integrity. No one may be subjected to torture or to inhuman or degrading treatment or punishment. The death penalty is abolished, except for what military criminal law may dictate in times of war.

Article 30 EC: Military Service and Civil Service

1. Article 30.2 EC: The law shall determine the military obligations of Spaniards and shall regulate, with the necessary safeguards, conscientious objection and other causes for exemption from compulsory military service. It may impose a substitute social service.
2. Article 30.3 EC: A civil service may be established for the fulfillment of objectives of general interest.
3. Article 30.4 EC: By law, the duties

Violations and Penalties: Mobile Sales

As provided for in Article 16 of the LVA 1/1997, offenses are classified as:

Minor Offenses

• Non-compliance with the schedule.
• Installation of the post before 7:30 AM.
• Sleeping in the vehicle near the area of operation.
• Leaving merchandise in the aisles or spaces between posts.
• Not cleaning the post at the end of the day.
• Using megaphones or loudspeakers unless authorized.
• Parking your vehicle in the area of the post.
• Not showing the license.

Sanctions for minor offenses range from a warning to a fine of up to €150.25.

Serious Offenses

• When the activity is carried out by unauthorized individuals.
• Repeated minor offenses (for the fourth time).
• Violating any condition imposed in the authorization.
• Carrying on the business

Parts of the Process of Marriage Annulment

From the canonical point of view, nullity of marriage implies the absence of a valid marriage as a result of a vice or defect at the time of consent. To obtain this, it is necessary to allege and prove the cause of invalidity. This is essential for the continuation of the nullity process. It can be filed by either spouse and must be submitted to the Church's courts. Once submitted, the process of nullity, which is the set of rules governing matrimonial invalidity, can proceed. It consists of four phases:

Introductory Period

From the filing of the application to the fixing of the formula of doubt.

The petition for annulment is the formal vehicle through which the applicant exercises their action. Colloquially,... Continue reading "Matrimonial Nullity Process: Phases and Requirements" »

Understanding the Promissory Note

A promissory note is a written commitment by a person or entity, known as the signer (or issuer), to pay a specified amount to a beneficiary or an endorsed party. This document outlines the payment amount, the place of maturity, and a fixed payment date.

Key Features of Promissory Notes

• The amount can be specified in euros or any officially quoted, convertible foreign currency.
• The signer of a promissory note is obligated to pay, similar to the acceptance of a bill of exchange.
• A promissory note can also function as a negotiable instrument: it can be endorsed, discounted, or submitted for collection.
• Promissory notes are subject to tax on documented legal acts, similar to bills of exchange, especially if they are