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

Research Instruments in Judicial Inquiries: Measures Limiting Fundamental Rights

For more effective prosecution of crimes, the law governing certain cases allows, under specific conditions, the use of investigative techniques through which the public can make a legitimate intrusion into the sphere of certain fundamental rights. These measures are reserved for judicial inquiry precisely because a judge's intervention ensures compliance with the requirements and limits of the interference. They are means of investigation to be carried out only during the investigation, used to determine the circumstances surrounding the facts. To use any of these means of investigation, a court order is constitutionally required, and there must be reason to believe... Continue reading "Judicial Inquiry Research Instruments: Limiting Rights" »

Item 18: Subject of the Action

Difference Between the Author of a Crime and the Subject of an Action

The Art. CP 27 states that those criminally liable for crimes and misdemeanors are the authors and accomplices. Art. 28 adds that authors are those who commit the facts alone, jointly, or through another who uses an instrument. Also considered authors are those who directly induce another or others to act and those who cooperate in its implementation.

Perpetrator of a Crime

People who, a priori, according to the typical legal description, are able to become authors.

Types of Crime

Depending on the Characteristics of the Author

• Crimes (any subject can undertake, "who kills...")
• Special Crimes: The description of the type requires that the subject must

Functions of Tax Inspection

The essential purpose of tax inspection is research and evidence: investigating the facts of tax liability for the discovery of those ignored by the administration, and verifying the correctness of declarations submitted by taxpayers. Alongside these fundamental research and testing functions, the inspection also develops a series of functions listed in Section 141 of the LGT.

Documentation of Inspection Measures

The documents that support the actions of the inspection may be of several types, with their definitions laid down in the RGIT:

• Records (Actas): These formal documents are extended during the inspection procedure to document all facts or circumstances relevant to the service, as well as declarations from the

Constitution of 1837

Sovereignty: Shared between the King and the Courts, although in theory it recognized sovereignty.

Division of Powers: The Crown maintained greater powers than in the Constitution of 1812: legislative initiative, veto, and appointment of senators.

Recognition of Rights: Individual rights and freedom of the press as a guarantee of freedom of expression.

Courts and Suffrage: Bicameral: The Senate was formed by large landowners, half appointed by the monarch and the other half elected by census suffrage. The Congress of Deputies was composed of members elected by direct suffrage and a broader census than the provisions of the Royal Statute.

Constitution of 1845

Sovereignty: Shared between the King and the Courts.

Division of Powers:

Understanding the Pledge as Security

A pledge involves handing over the secured item to a creditor or third party. This arrangement facilitates the sale of the item if the underlying obligation is not met. Therefore, a pledge necessitates a transfer of possession.

In specific cases allowed by law, this physical transfer (displacement) can be substituted by registration. Examples include:

• Pending fruits and expected crops
• Individual fruits
• Animals
• Machinery and equipment on holdings (as per Art. 54 of the Law of Mortgages and Pledges without Displacement of Possession, December 16, 1954).

Upon receiving possession of the item, the creditor has the right to retain it, or it can be held by a third party designated by mutual agreement (Art. 1866.1 CC)... Continue reading "Pledge vs Mortgage: Key Differences in Security Interests" »

Usucaption in Roman Law: Acquisition by Possession

Usucaption is a method in Roman law by which a person could acquire Quiritary ownership of a thing through continuous possession for a specified period.

Things Not Subject to Usucaption

• Things that are furtive (stolen). Although initially allowed by the Twelve Tables, the Lex Atinia later stipulated that stolen goods could not be acquired by usucaption, ensuring their return to the owner.
• Things obtained by violence.
• Things outside of commerce (res extra commercium).
• Things mancipi transferred without the auctoritas (authority) of a woman's guardian.

Habiles Res: Things Subject to Usucaption

Things that can be acquired by usucaption are known as habiles res.

Essential Requirements for Usucaption

1. Tempus

What is right? It is the order in social life and society. The right is divided into two branches: public and private.

Public Law

The part of the legal system governing relations between individuals and private entities (e.g., criminal law).

Private Law

The branch of law that deals mainly with relations between individuals (e.g., civil law, private international law).

Labor Law

The rules and principles governing relations among workers and employers.

Powers and Social Groups

• Legislator: Creates law
• Executive: Government
• Judiciary: Judges

Members of Congress

Members of Congress are 350. A law always requires a majority of the Members plus one.

Types of Laws

• State Laws vs. Laws of Autonomous Communities (CCAA)
• Organic Laws vs. Ordinary Laws
• Law vs. Legislative

Chile's 1833 Constitution

Key Features and Provisions

This constitution defined Chile's territorial boundaries from the Atacama Desert to Cape Horn, rectifying a significant error in previous charters that required constitutional amendments for boundary changes. It laid the groundwork for institutional arrangements replicated in subsequent constitutions (1925 and 1980), including:

• National sovereignty
• Representative government
• Division of public powers
• Government accountability
• Individual rights

The government system was representative, with Catholicism as the official religion, excluding the public practice of other faiths. Foreigners required ten years of residency for citizenship.

Voting Rights and Guarantees

Voting was restricted to Chilean citizens... Continue reading "Chile's 1833 Constitution: A Deep Dive" »

Labor Unions: Representative Status

Requirements for Representative Status

To be considered a most representative union:

1. State Level: Must have 10% of the delegates.
2. Autonomous Community Level: Requirements vary by region.

Powers of Most Representative Unions

• Represent institutional interests.
• Engage in collective bargaining.
• Participate as partners in various forums.
• Participate in non-jurisdictional conflict resolution.
• Promote elections for staff representatives and works councils.
• Obtain temporary transfers of property for use.
• Perform any other representative function.

Business Associations

Article 7 of the Constitution protects the right to form business associations. Their internal structure and operation must be democratic. Business associations... Continue reading "Labor Unions and Business Associations: Workers' Rights" »

Article 12: Appealing a Claim for Loss or Lack of Chilean Nationality

A person affected by an administrative act or decision that deprives them of Chilean nationality, or where such nationality is unknown, may appeal, in person or by anyone on their behalf, within thirty days, before the Supreme Court, known as a full court jury. The appeal will suspend the effects of the act or resolution appealed.

There can be no rule of law if the state is not subject to the law. Administrative acts are the only actionable complaints.

Analysis of Article 12

It would be more accurate to refer to the affected Chilean individual as the person affected by the act or resolution (issued by administrative or legislative authority). The challenged act pertains only... Continue reading "Chilean Nationality and Citizenship" »