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

Historical Context and Adoption

• November 22, 1975: Joint session of the Council of the Realm and the Cortes, proclaiming the King.
• January 4, 1977: Political Reform Act promulgated.
• June 15, 1977: General Election held.
• October 31, 1978: The drafted text was approved by the full Congress and the Senate.
• December 6, 1978: Submitted to national referendum.
• December 27, 1978: The King, in a joint session of both Houses, sanctioned and promulgated the Constitution.
• December 29, 1978: Published in the BOE (Official State Gazette), entering into effect that day.

Structure of the Constitution

Preamble

Collects the principles underlying the articles.

Preliminary Title (Arts. 1–9)

The general principles of constitutional order.

Part I: Fundamental Rights and Duties

The Romanization of Hispania

Romanization was the process of acculturation, involving the acceptance of Roman culture by the inhabitants of the Iberian Peninsula. This slow process began as soon as the first Roman legionaries settled on the peninsula, particularly along the coast of Catalonia.

Key Vehicles of Romanization

Romanization was primarily achieved through two main vehicles:

• Language: Latin was learned out of necessity.
• Law: The existence of written laws was crucial for integrating human groups into Roman citizenry. These laws ensured that everyone knew the rules governing society and the consequences of not adhering to them.

It was also important to ensure acceptance for all citizens. While there was equality of citizens before the law... Continue reading "Roman Influence in Hispania: Culture, Law, and Society" »

The Employment Contract Explained

An employment contract is an agreement between two parties where one (the worker) undertakes to provide specific services under the direction of the other (the employer) in return for compensation.

Parties in an Employment Contract

Defining the Worker

Workers are individuals who voluntarily perform work within the organization and under the direction of an employer, receiving a wage in return for the results of their labor.

Worker Eligibility and Restrictions

The capacity to be recruited as a worker applies to:

• Individuals older than eighteen.
• Individuals under eighteen who are legally emancipated.
• Individuals over sixteen and under eighteen, provided they live independently or have permission from parents or legal

Understanding Discretionary and Administrative Acts

What is a Discretionary Act?

Discretionary acts are those in which the administrative authority is granted the power to decide the general interest in a particular case. This attribution must be exercised in compliance with constitutional and legal requirements applicable to all administrative acts, specifically ensuring the absence of arbitrariness.

Evolution of Discretionary Acts

Initially, discretionary acts were viewed as a manifestation of royal power and authority, thus being free from control. This concept has since been significantly attenuated. Today, discretionary acts refer to those where the authority is free to decide, but they remain strictly subject to the control of legality.

Features

Introduction to the Legal Concept of 'Type'

The concept of 'type' is broadly considered as the sum of all its constituent elements, a concept to which reference is made in legal theory. Ernst von Beling alludes to the word 'type' in the general sense of law as the set of all presuppositions whose existence is tied to a legal consequence. Article 19 outlines elements of crimes.

Beling's Structural Analysis of Crime Types

Beling's structure for understanding crime types includes:

• Type of crime (criminal figure): The specific definition of the offense.
• Legality: The leading legal principle.
• Type of lawfulness: Identified by unlawful acts referred to a particular figure.
• Type of guilt: The specific intent required by a figure.
• Typical alignment: The relationship

Research Instruments in Judicial Inquiries: Measures Limiting Fundamental Rights

For more effective prosecution of crimes, the law governing certain cases allows, under specific conditions, the use of investigative techniques through which the public can make a legitimate intrusion into the sphere of certain fundamental rights. These measures are reserved for judicial inquiry precisely because a judge's intervention ensures compliance with the requirements and limits of the interference. They are means of investigation to be carried out only during the investigation, used to determine the circumstances surrounding the facts. To use any of these means of investigation, a court order is constitutionally required, and there must be reason to believe... Continue reading "Judicial Inquiry Research Instruments: Limiting Rights" »

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" »