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

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

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" »