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

Authority as a Necessary Condition

The authority of the State is more than a necessary tool of guardianship; it is the necessary condition for freedoms. Individuals are born into and are legitimized by the State as authentic situations and subjective individuals. This model dispenses with any reference to a natural law of individuals preceding the law imposed by states. There is no freedom nor any individual before the State, only the binding force and authoritative standards of the State capable of ordering society and establishing the subjective positions of individuals.

The Disappearance of the Distinction Between Societas and Pactum Subiectionis

In this model, the distinction between pactum societatis and pactum subiectionis disappears. A... Continue reading "State Model: Authority, Freedom, and Individual Liberties" »

Code of Commerce: A Systematized Set of Rules of Mercantile Law

The Code of Commerce is a systematized set of rules of law designed to regulate commercial activities, seeking to adapt to the needs and dynamics of economic relations.

Federal Tax Code: This code contains a computerized system establishing concepts and procedures for tax revenue and the relationship between the taxpayer and the Federation.

Income Tax Law (ISR): This law seeks to levy taxes on the income of individuals, such as employees and those who conduct business or professional activities.

Value Added Tax Law (VAT): This is a general-level law intended to tax activities such as the sale of goods, the provision of independent services, and the temporary use of property.

Accounting

Spanish Adverbial Propositions

A proposition is self-xqe adverbial: It can be replaced by a verb complement and serves as a circumstantial complement (CC).

A proper adverbial proposition cannot be replaced by an adverb. It complements the verb, but the entire main proposition indicates a condition.

Types of Adverbial Propositions

Adverbial Subordinate Propositions

Place: Marks the spot where the action expressed by the verb in the principal proposition occurs. Responds to Where? Can be replaced by an adverb of place and functions as a CCL (Complemento Circunstancial de Lugar).

Time: Indicates when the action expressed by the verb in the principal proposition occurs. Responds to When? It can be replaced by an adverb of time and functions as a CCT... Continue reading "Spanish Adverbial Propositions: A Comprehensive Overview" »

Criminal Procedural Law

This encompasses the rules governing the activities within a legal procedure or process.

Key Concepts

Contradictory: Occurs when there's an opposing party, and the judge determines who exercises the right.

Without Contradiction: A voluntary application before the judge without an opposing party.

Trinomial Proceedings: Involves the judge, plaintiff, and defendant.

Guiding Principles

• Equality: All parties are treated equally under the law.
• Concentration: Parties take steps to expedite the process and gather evidence efficiently.
• Judicial Economy: Focuses on efficiency to expedite the process.
• Disposition of the Parties: Parties can request documents to understand the process, which must be transparent.
• Matching of the Sentence: The

Maria Concepcion Perez vs. Pedro Gomez

Regular Civil Trial

Necessary Divorce

File: 02/09

Initiation

C. First Judge of the Family

This

Maria Concepcion Perez, a Mexican adult, pointing to the address for service of notices as Calle 5 de Mayo no. 1897, Col. Delicias, in this city, respectfully appears to exhibit:

Hereby, I go to promote the incompetence of C. Chief Judge of the Family of First Instance by inhibiting, to hear the ordinary civil trial for necessary divorce that my husband, Pedro Gomez, has promoted against the undersigned.

I base my promotion on the following facts and legal arguments:

Facts

I. On the eighteenth day of March, two thousand five, I married the defendant under the regime of conjugal partnership, as credited with the certified... Continue reading "Maria Concepcion Perez vs. Pedro Gomez: Divorce Proceedings" »

Administrative Functions of the Company

Administrative functions are one of the basic functions necessary for support in all kinds of businesses. They are defined as all activities necessary to achieve optimal performance of the organization. They are carried out in two areas:

• Strategic: Including the direction of the company.
• Management: Developing administrative processes to support other business functions.

Administrative Processes

Administrative processes involve business processes and document control information flows that are generated in any business activity. This can include purchases, personnel, production, logistics, etc.

Contract of Sale

A contract of sale involves the sale of movable property for resale, either in the same form as purchased... Continue reading "Administrative Functions and Sales Contracts in Business" »

Legal Significance of State Possession

Important Legal Aspects and Enforcement of State Possession

Importance of State Possession

1. Child's State Possession (Birth Missing)

Important legal implications for paternity (maternity and paternity) are asserted through regular trials.

2. Extramarital Descent

• If recognized by the parent, it establishes important paternity.
• If recognized by the mother, it establishes important maternity.

If either affiliation was not established in advance, it must be done through a recognition trial.

2. Possession of Another State Member

Serves to rectify mistakes through a trial testing the possession enjoyed. It can be tested through a correction trial (art. 230).

3. Recognition of a Deceased Child

Important to recognize when... Continue reading "Legal Significance of State Possession and Enforcement" »

Searle's Distinction: Meaning and Communication Intentions

Searle argues for a crucial difference between the intention of communicating meaning and the intention of meaning itself. This distinction is key to understanding his critique of traditional theories of meaning.

The Intention of Meaning

The intention of meaning, according to Searle, is the need to assign a reference to a signifier. This intention can be approached in two ways:

• Descriptivist Theories: These theories, focused on the descriptive content of an element, struggle with the problem of identity. The descriptive content can often overflow the element itself, making it difficult to establish a clear identity.
• Referentialist Theories: These theories, also known as traditional theories,

Error of Law

Error of law is the ignorance of the law or its interpretation. It does not invalidate a contract. Article 141 of the LICC (Law of Introduction to the Civil Code) requires good faith. Article 141 - Transmission of the will by an intermediary may be canceled. Article 142 - Does not become addicted when... Article 143 - The miscalculation is accidental.

Deceit (Dolo)

Dolo is the error caused by the bad faith of others.

• Principal Deceit: Represents the determinant of the transaction.
• Incidental Deceit: Not a decisive reason for the legal business. It only requires the satisfaction of losses and damages.
• Positive Deceit: Resulting from an action.
• Negative Deceit: Resulting in an omission.
• Bilateral Deceit: Given the bilateral turpitude, deceit

UN Resolution on Spain (1946)

This document is an argumentative expository text of a political nature. It is a resolution, an agreement and policy statement adopted by the United Nations on December 12, 1946, signed by the UN General Assembly, representing the member countries.

This resolution recognizes the fascist and unrepresentative nature of the Franco regime, deeming it unacceptable at the UN. It recommends that countries isolate themselves from Spain while this situation persists.

Reasons for Isolating Spain

The resolution is based on several factors:

• An authoritarian government centered on Franco.
• A single far-right party, the FET de las JONS.
• Severe political repression against those opposing the regime.

The resolution criticizes Franco's... Continue reading "Franco's Spain: UN Resolution and International Isolation" »