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

Right to Privacy of Communications

Ownership and Disclosure

Individuals who are not themselves communicating are not considered owners of the communication. They may reveal information about the communication they were part of, provided they do not violate the privacy or image rights of others.

Purpose of Confidentiality

The purpose is confidentiality in itself, independent of public importance.

Freedom of Residence and Movement

Scope and Citizenship

This right primarily corresponds to Spanish citizens. However, the law also grants this right to foreigners, subject to certain limitations. Freedom of movement both inside and outside Spanish territory presents no issue for Spanish nationals. Furthermore, Spain's incorporation into the European Community... Continue reading "Fundamental Constitutional Rights: Privacy, Assembly, and Public Access" »

State Federal vs. Confederation

State Federal: A union of political entities that cannot be separated.

Confederation: The union of states that, according to the original text, cannot be separated.

Powers of Government

• Legislative Power: Makes laws.
• Executive Power: Ensures compliance with laws.
• Judicial Power: Judges if laws have been complied with.

The Spanish Constitution

The Spanish Constitution consists of:

• Preamble: An example of clarity and concision.
• Dogmatic Part: This is a declaration of principles, establishing duties and rights.
• Organic Part: This designs the structure of the state.

Types of Constitutional Documents

• Charter Granted: A document where a sovereign grants a series of rights to their people.
• Constitutional Revision: Involves making

Article 58: Property Transfer Registration

To register the transfer contract inter vivos, gift, or an estate that has not previously been registered, the Keeper will require evidence of having given notice of such transfer to the public through three advertisements in a newspaper. This notice must be placed in the department or the capital of the province (if there isn't a newspaper in that department). A sign must also be set for at least fifteen days in the office of the Conservative, with the designations of persons transferring the property, and the boundaries and name of the property, which is the subject of the contract.

The Conservative will certify compliance with the requirements indicated in the preceding paragraph at the foot of the... Continue reading "Real Estate Transfer and Registration Essentials" »

BDE Configuration and Governing Bodies

Governing Bodies of the BDE

The governing bodies of the Bank of Spain (BDE) are:

• The Governor: Appointed by the King at the proposal of the Government. The term is six years, non-renewable.
• The Deputy Governor: Appointed by the Government upon the proposal of the Governor. The term of office is also six years, non-renewable.
• The Board of Governors: Comprises the Governor, the Deputy Governor, six Directors appointed by the Government, the Director General of the Treasury and Financial Policy, and the Vice President of the CNMV.
• The Executive Committee: Composed of the Governor, the Deputy Governor, and two Directors.

The European System of Central Banks (ESCB)

The ESCB comprises the European Central Bank (ECB)... Continue reading "Governance Structure of the BDE and the European Central Banking System" »

Tax Obligations and Responsibilities

Types of Obligations

a) Material Obligations: These are the primary obligations, such as making payments against the principal tax liability, including installment payments.

b) Procedural Obligations: These obligations require taxpayers to follow tax procedures, regardless of whether they are ultimately liable for a tax. For example, providing a CIF (Tax Identification Code).

Taxable Event Classes

a) Objective Elements: These are the factual situations that trigger a tax, such as the acquisition of assets.

b) Subjective Element: This is the connection between the objective element and the person who is required to pay the tax, such as owning a property.

c) Territorial Elements: This specifies where the taxable... Continue reading "Tax Obligations, Events, and Liability: A Detailed Analysis" »

Classification of Civil and Commercial Obligations

Joint and Several Obligations

Joint (Mancomunada)

This occurs when there are two or more creditors or two or more debtors in a compulsory relationship. The provision is divided:

• Each obligor is only required to meet part of the provision.
• The creditor(s) cannot require any single debtor who has met their part to fulfill the entire benefit.
• If the obligation is inherently indivisible, it must be considered Joint and Several (Solidaria).

Joint and Several (Solidaria)

Involves several people acting as both debtor and creditor. This structure governs the internal relationship between debtors and creditors:

• Any creditor may require a debtor to fulfill the whole provision.
• The debtor who has paid the entire

Standing to Negotiate

• Enterprise Level or Lower Collective Agreements:
  • The works council or staff representatives
  • Union representatives seeking to represent the majority in the committee
  • Employers or their representatives
• Sectoral Collective Agreements:
  • The most representative trade unions at the state or autonomous community level
  • Trade unions with a minimum of 10% of members on the committee
  • Associations that have at least 10% of employers in the field of the agreement and represent at least 10% of workers in this field

Initiation of Negotiations

The party initiating negotiations must advise the other party in writing, stating the legitimacy of the initiator, the areas of agreement, and the parties involved in the negotiation. A copy must also be sent... Continue reading "Collective Bargaining: Negotiation and Validity Essentials" »

Classification of Companies and Their Legal Forms

Sole Trader (Empresario Individual)

• Name: Uses the name of the holder.
• Registration: Recommended to register with the Mercantile Register.
• Nature: A natural person routinely exercising a business activity on their own account.
• Liability: Personal and unlimited; the individual answers for business debts with all their assets.

Public Limited Company (Sociedad Anónima - S.A.)

• Name: Must be distinct from other companies to avoid confusion.
• Formation: Requires a public deed, publication, and registration in the Mercantile Register.
• Capital: Divided into shares belonging to the shareholders.
• Liability: Limited to the capital contributed by shareholders.
• Capital Contributions: Can be made in cash or assets.
• Minimum

Reduced Citizen Participation and Increased Mayoral Power

Citizen participation was reduced to only the property owner being able to take part. More than 30,000 people were appointed by the mayor of the town and the province, and local government budgets were approved.

Measures to Reduce Freedom of the Press

These are the measures taken to reduce the freedom of the press:

• Prior censorship for written materials was established in the year 2000.
• The Church was granted the power of censoring books.
• The 1879 law established the reinstatement of the printing system to attack the political and social system or to question it.

Caciquismo and Electoral Corruption

Caciquismo refers to electoral corruption. This alternative formula provided the parties with... Continue reading "Caciquismo in Spain: 19th and 20th Century Electoral Corruption" »

Legal Forms of Business

When a group of people decides to start a business, they must decide which legal form is most convenient. This decision derives important issues such as the minimum number of partners, liability, and capital requirements.

Framework Considerations

• Relationship Framework: This determines hierarchies, salary structures, and duties.
• Benefit Distribution: Based on established relationships among participants.

From a legal point of view, there are two main types of entities:

• Sole Proprietorship ("person at your own risk")
• Company (involving several people)

Important Considerations for Partnerships

When creating a partnership, carefully consider:

• Relationships between partners.
• Benefit sharing agreements.
• Clarity regarding charges and