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

Definition

Dismissal is a court decision indicating insufficient grounds to proceed with a trial, thus avoiding unnecessary proceedings. It can occur at the intermediate stage or during the opening phase, leading to either termination or suspension of the process.

Types of Dismissal

Free Dismissal (Art. 637 LECrim)

This court order is issued when there's no possibility of charges, resulting in premature and final termination with res judicata effect. Reasons include:

• No reasonable suspicion of the accused committing the crime.
• The act isn't a criminal offense (leading to a procedural change, not termination).
• Defendants are immune from liability (due to non-participation or exemption under Art. 20 CP).

Provisional Dismissal (Art. 641 LECrim)

Issued... Continue reading "Dismissal in Spanish Criminal Proceedings" »

Marriage and Alimony

Characteristics of Maintenance Obligation

The maintenance obligation is characterized by personality, limitations, reciprocity, relativity, variability, and absence of solidarity.

Types of Maintenance

Civil or Broad Maintenance: Due to spouse and direct relatives. It includes necessities like food, shelter, clothing, medical care, and education for minors and those who haven't completed their training.

Natural or Strict Maintenance: Due to siblings, covering basic necessities for life.

Article 148.3 of the Civil Code

This article doesn't regulate food allowance but empowers courts to order interim measures ensuring the effectiveness of existing alimony provisions.

Burdens of Marriage

Spouses contribute to the burdens of marriage... Continue reading "Marriage and Alimony in Civil Law" »

Endorsements on Bills of Exchange

An endorsement refers to the transfer of rights using the expression "pay to" or a similar endorsement.

Types of Endorsements

Plenary Endorsement: Conveys all rights of the bill. It has three effects:

1. Transfer of Ownership: Transfers ownership of the bill.
2. Legitimating Effect: Legitimizes the bearer's possession if it results from a regular chain of endorsements.
3. Collateral Effect: The endorser guarantees acceptance and payment. Subsequent endorsees may limit this by:

• Using the clause "not my responsibility," waiving responsibility to their endorsee and everyone else.
• Using the clause "not to order" or "endorse," guaranteeing acceptance and payment only to their endorsee, but not to later endorsees.

Endorsement Limited

Dealer's Address

Article 40: The domicile of an individual is the place where he lives with the intention to stay. The general address of the trader is the place where its principal establishment is located.

Article 41: When a trader establishes shops in different places, each of these is considered a special address for businesses that are conducted there by himself or by others.

Article 42: Individuals who serve at the home or work of others have the same address as the person they serve, or for those who work, if they are living in the same place.

Article 43: The place chosen for the execution of an act of trade has a special home for everything related to that act and the obligations that would result.

Key Business Concepts

• Assets: All you need

Types of Alimony

Depending on the contents of maintenance, it may be necessary or congruous.

• Congruous Alimony: This type of alimony allows for survival modestly in a manner corresponding to the recipient's social position.
• Necessary Alimony: This type of alimony is provided to support life, as referred to in Article 175.

Duration and Enactment of Alimony

Alimony can be classified based on the procedural stage at which it is enacted and the permanence or transience of benefits:

• Permanent Alimony

  Permanent alimony is enacted in the final sentence and continues throughout the life of the recipient, as long as the circumstances that legitimized the demand remain.

• Temporary Alimony

  Temporary alimony is determined during legal proceedings, such as paternity

Judicial Review

Definition: Judicial review is the doctrine under which legislative and executive actions are subject to review and invalidation by the judiciary. Specific courts with judicial review power must annul any act of the State that they find incompatible with a higher authority, such as the Constitution. Judicial review differs between countries.

Models:

• United States: No specific courts are designated for judicial review. The concept developed from a case and precedent, with the Supreme Court having the ultimate authority.
• Germany, Belgium, and Spain: These countries have a specialized Constitutional Court to handle judicial review. However, not all cases are constitutional.

Sources of Law

Primary Sources of Law:

1. Constitution
2. Statutes (

Procedure for Access to Autonomy

Via general Art. CE 143.2: Simple model. The initiative with the provincial councils. 2/3 of the municipalities whose population represents at least a majority of the electorate of each province or island.

Special Via / rapid Art. 151 CE: Complex model. Also, the county councils. It takes 3/4 of the municipalities in each of the provinces representing at least a majority of the electorate of each one. It also has to be approved by referendum with the absolute majority of voters in each province.

Alternative Exceptional Initiatives

There are also three specific initiatives (other than the conventional two):

• Second Transitional Provision: For territories that had approved by referendum before a statute of autonomy

Contract Elements

Real Elements

The real elements of a contract are the thing and the price.

The Thing Under Contract

This refers to the good, right, or merchandise being exchanged. The thing must be possible, according to the Code of Commerce:

• Things to resell furniture
• Sale of samples: The seller must deliver the thing with the same qualities as the sample, and the buyer may refuse to receive what was contracted.
• Sale to the test: The buyer purchases the thing, reserving their final decision based on the results of testing the effectiveness of the goods.
• Confirmation unless-Sale: The contract is agreed upon between the buyer and a trade representative.

Price

The price is the amount the buyer is obligated to pay the seller in exchange for the thing.... Continue reading "Understanding Contract Elements, Seller & Buyer Obligations" »

Understanding Democracy

Democracy is a type of political organization in which power resides with the people, who decide collectively. Democratic organization is opposed to authoritarian regimes, which create oppressive and unfree societies. Democracy also signifies a way of living together that ensures participation.

Having a Democratic Attitude Means:

• A waiver to impose one's own opinions or interests by force
• Tolerance for opinions different from one's own
• Willingness to negotiate

Principles of Democracy

Every democracy is based on respect for principles or rules of the game:

• Democracy must guarantee a legal framework to organize the coexistence of people. The legal framework is based on respect for human rights.
• Freedom of choice through the ballot