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

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

Labor Unions: Representative Status

Requirements for Representative Status

To be considered a most representative union:

1. State Level: Must have 10% of the delegates.
2. Autonomous Community Level: Requirements vary by region.

Powers of Most Representative Unions

• Represent institutional interests.
• Engage in collective bargaining.
• Participate as partners in various forums.
• Participate in non-jurisdictional conflict resolution.
• Promote elections for staff representatives and works councils.
• Obtain temporary transfers of property for use.
• Perform any other representative function.

Business Associations

Article 7 of the Constitution protects the right to form business associations. Their internal structure and operation must be democratic. Business associations... Continue reading "Labor Unions and Business Associations: Workers' Rights" »

Individual Enterprise (Empresa Individual)

Companies are classified according to their legal form into individual enterprises or corporate partnerships. The individual enterprise is a single personality type owned by one physical person.

Sole Proprietorship

A Sole Proprietorship is an individual who performs commercial, industrial, or professional activities on their own behalf.

• You must be of legal age and have full availability of your assets.
• It implies total control by the entrepreneur, who is personally liable for debt management and social commitments using all present and future assets.
• The liability is unlimited.
• To establish such an enterprise, a minimum capital is not required.
• The corporate name must be the holder's name.
• Taxed by the Personal

Administrative Procedure (Proc. Adm.)

The formal series of events in which specific administrative action is carried out to achieve a purpose.

Elements of the Administrative Procedure

1. Reaching administrative activity determined by fixing the alleged facts that the procedure should start from.
2. Participation of a plurality of subjects or organs that have a particular intervention in the administrative procedure.
3. Need to adopt certain forms of action.
4. Participation of people with the condition of different parties in the proceedings where the Administration is acting.

Purpose of Administrative Procedure

• Guarantee of Citizens: The administrative procedure serves as a guarantee against potential abuses by the Public Administration.
• Administrative Efficiency: