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

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

Self-Defense Requirements

As required by Article CP 24:

1. Illegitimate Assault

An illegitimate assault (intentional) is an essential element, without which self-defense cannot be considered. This term refers to:

• A physical, real rush, but it need not be consummated.
• A current event in the sense of imminent. There can be no early or late defense.
• An unlawful criminal event (involving the person, home, or property). It is not necessary that the offender is guilty.

2. Rational Need for the Means Used in Defense

This is an accidental goal; if missing, it does not constitute complete self-defense but incomplete defense (cut off). It requires that the means of defense be the least invasive possible, using the lowest possible intensity. However, self-defense... Continue reading "Self-Defense and Necessity in Criminal Law" »

Active Subject

The active subject is the holder of the administrative power to implement the tax and collect it, i.e., it is a subject who carries out the tax procedures. Subjects under tax obligation are defined in Article 35.1 of the General Tax Law (LGT): individuals, legal persons, and entities that are under tax obligation according to tax provisions.

Passive Subject

The passive subject, as defined in Article 36, is the person who, according to the legislation in force, is under the tax obligation that consists in paying the main tax obligation and fulfilling the accompanying formal tax obligations, either as a taxpayer (contribuyente) or as a substitute (sustituto). The position of the passive subject cannot be transferred (Article 36.2)... Continue reading "Tax Obligations: Active and Passive Subjects Explained" »

Sovereignty and Suffrage

Article 1 of the Constitution of the Second Spanish Republic proclaimed that "Spain is a republic of justice." This foundational statement affirmed popular sovereignty, which included the right to vote for all Spaniards aged 18. This was a significant step beyond the universal male suffrage that had been achieved by 19th-century liberalism.

The Constitution also declared "the republic is an integral state," initially designing a decentralized structure. This allowed one or more neighboring provinces with "economic and cultural features and their own historical identity" to form autonomous communities. Catalonia and the Basque Country were the first to initiate this process, in accordance with the Constitution, leading... Continue reading "Spain's 1931 Constitution: Pillars of the Second Republic" »

Temporary Occupation by Force Majeure (Art. 59 LE)

In cases of force majeure or absolute necessity (fire, flood, earthquake, etc.), the state or municipality may temporarily occupy property. Compensation to the owner is due, considering the circumstances.

Transfer of Property During Expropriation (Art. 10 LE)

Property transfer during expropriation proceedings doesn't stop the process. The new owner assumes all obligations and rights of the previous owner. The real action is intent upon the good that is the case of expropriations, not interrupt the expropriation proceedings may not Prevent Its Effects

Release of Charges on Expropriated Property (Art. 11 LE)

No action can be taken on expropriated property after the expropriation judgment. Creditors... Continue reading "Temporary Occupation & Expropriation in Venezuelan Law" »

Unit 13: Philosophical Basis of Democratic and Legal Status

Law is the system or set of norms, rules, and laws that order and organize human behavior and coexistence in a group or society.

Legal Rules

• Require and prescribe
• Are enacted by the state
• Ensure and support their implementation
• All obligations are to be general

The Purpose of the State

The purpose of the state is mainly directed to:

1. Social peace
2. The relationship between equal citizens
3. Safety
4. Protection and guarantee of fundamental rights
5. Freedom and justice

Division of Law

1. Objective / Subjective
2. Public / Private
3. Natural / Positive

Iusnaturalism

Iusnaturalism argues that there is a natural right that corresponds to the law of nature, which must be met to be what it is we own.

Positivism

Positivism, by contrast,... Continue reading "Understanding the Philosophical Foundations of Democracy and Law" »

Export Management: A Step-by-Step Process

• The exporter contacts the buyer.
• A letter of offer is sent.
• This includes a clause listing the sale and terms of payment (letter of credit, collections, and cash).
• This is returned signed by the buyer, once they accept the offer, signifying acceptance and agreement. (Proforma invoice)
• The exporter contacts their bank to instruct the terms of this business and make contact with the foreign bank.
• At the same time, an international arbitrator is defined in case of future disagreements.
• A carrier is chosen and a space reservation is made.
• Insurance must be acquired to cover the goods.
• A customs agent should be hired. The agent prepares and presents the DUS (Declaración Única de Salida) Acceptance Procedure electronically

Preliminary Observations on Constitutional Amendments

Key considerations include:

• Finding a proper balance between rigidity and flexibility in the amendment process.
• Avoiding two potential pitfalls: rules for constitutional change being either too rigid or too flexible.

Initiating Constitutional Amendments

• Typically, the Parliament holds the right to initiate the amendment procedure.
• Individual members of parliament may have this right in some constitutions, but not in others.
• Some constitutions grant this right to the Government, the Head of State, or local authorities.
• Several constitutions allow citizens to initiate a proposal through popular vote or initiative.
• Some constitutions mandate a specific time interval between the initiative and the parliamentary

Notable Venezuelan Figures

Andrés Bello was born in Caracas on November 29, 1781. A humanist, poet, lawmaker, philosopher, educator, and critic, he authored a polygraph that serves as a strong foundation for the emerging Latin American civilization. He was the first son of Bartolomé and Ana Antonia López y Bello.

Few of Bello's early works with uncertain dates are preserved. He wrote some poetry, including:

• The poem To the Vaccine
• An ode To Anauco
• The sonnet To an Artist
• The eclogue The Habitation of the Tagus
• The eclogue Tirsis Shady
• A romance A Samán
• An ode To the Spacecraft
• Sonnets To the Victory of Baylen and My Wish

José Félix Ribas

Born in Caracas on September 19, 1775
Died in Tucupido on January 31, 1815

José Félix Ribas was the last of eleven... Continue reading "Venezuelan History and State Structure" »

Real Rights

Rights have been characterized as the legal relationship created between the owner of the real right and the thing, regardless of any personal debt or obligation that may exist. Example: a mortgage.

Easement

A real right of a property owner over another property to serve a certain purpose. Examples: right of way, water, drainage. This agreement remains valid even if the ownership changes. Example: The right to pass through another's property.

Enjoyment (Usufruct)

A real right to use and enjoy another's property without altering its substance. The usufructuary may hold some of the authority of the owner. The *nudodueño* (bare owner) is the legal owner, while the usufructuary is the beneficial owner. The beneficial owner cannot sell the... Continue reading "Real Rights, Obligations, and Contracts in Civil Law" »