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

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

Essential Elements of a Contract

Vices of Consent:

• Error
• Violence
• Intimidation
• Fraud

Purpose Requirements:

• Legality
• Opportunity
• Determination

Types of Cause:

• Free (Gratuitous)
• Expensive (Onerous)
• Illicit

Contract Formation Stages

• Generation
• Perfection
• Consummation

Generation Stage Details

• Pre-contractual period
• Offer and acceptance

Contract Between Absent Parties (Theories)

• Broadcast (Declaration)
• Expedition (Sending)
• Cognition (Knowledge)
• Reception

Contract in Favor of a Third Party

A contract where the contractors, acting on their own behalf, stipulate that one party (the Promisor or Promitente) will provide a benefit in favor of a third party (the Beneficiary), who is a stranger to the contract stipulation imposed by the other contracting party (the Promisee or Estipulante)... Continue reading "Key Concepts in Contract Law: Formation, Third Parties, and Remedies" »

Understanding Business Entities and Legal Structures

Core Business Classifications

Businesses can be broadly categorized based on their primary activities:

• Industrial Companies: These entities produce consumer goods or capital goods by transforming raw materials into finished products.
• Commercial Businesses: Primarily involved in the buying and selling of goods.
• Service Providers: Companies that offer expertise, such as consultants, insurers, banks, and other professional services.

Company Registration and Legal Formalities

After registration with the Board of Trade, the social contract of a company must be referred to the Federal Revenue Service (for CNPJ registration), the State Secretariat of Finance (for state registration), and the Municipal... Continue reading "Business Entity Types and Legal Structures Explained" »

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" »

Movable vs. Immovable Property

Movable property is an asset that can be transported without losing its integrity (e.g., appliances, vehicles). In contrast, immovable property is an asset that cannot be transported entirely to another location (e.g., housing, commercial premises).

Defining a Contract of Sale

A contract of sale is an agreement in which one party (the seller) agrees to convey a specific item or right to another party (the buyer) in exchange for a sum of money, known as the price.

Criteria for a Commercial Contract

• The contract must involve movable property.
• The property acquired must be for resale for profit.

Key Elements of a Commercial Contract

• Personal: Refers to the seller and buyer. For a contract to be valid, the contracting parties