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

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" »

Contract Work Experience

Internship Contract

This contract aims to enhance previously acquired knowledge through practical work experience. The work performed should align with the worker's qualifications and degree (Upper Middle, Superior, or equivalent official titles). This contract can be established within four years of graduation. The contract duration must be at least six months but no longer than two years, although sectoral collective agreements may specify different durations. Contracts shorter than the maximum duration can be extended. A trial period may also be included. Wages are determined by collective agreements, or at least 60% to 75% of the agreed wage for a similar role, never less than the minimum wage.

Training Contract

This... Continue reading "Guide to Spanish Employment Contracts: Types and Requirements" »

1. Curiate Assembly (Comitia Curiata)

Though present in the Republican era, the Curiate Assembly's role diminished significantly, becoming largely ceremonial. The original 30 curiae were represented by 30 lictors. The Lex Curiata de Imperio and the Rex Sacrorum maintained some relevance. Acts like adrogatio and adoptio were performed in their presence. Originally a military assembly based on kinship groups (curiae), changes in military tactics led to its decline.

2. Centuriate Assembly (Comitia Centuriata)

This assembly emerged with the adoption of hoplite tactics, a defensive military strategy requiring substantial metal armor. As resources increased and armor became more common, warfare became less aristocratic. Initially a military assembly... Continue reading "Roman Assemblies: Structure, Functions, and Evolution" »

Item 20: Tax Inspection Procedure

Concept and Rationale

The Tax Inspectorate verifies taxable facts, ensuring audits are conducted based on thorough investigation. It gathers evidence on taxpayer transactions to ensure proper tax application as intended by law.

Legal Regime

Article 83 of the LGT defines tax application as encompassing all administrative activities, including taxpayer information and assistance, administration, inspection, collection, and taxpayer actions regarding their rights and obligations.

Organization and Powers

Essential Functions

• Investigating tax liability facts to uncover those unknown to the Administration.
• Verifying the accuracy of taxpayer declarations.

Functions

• Verification and Investigation: Checking declaration accuracy

Working Classes of Contracts

Associate Assistant: As stated in article 10, paragraph 3 of the Workers' Statute (Estatuto de los Trabajadores - ET), an employer may hire a worker who requires an assistant to perform their services. The employer then hires another worker specifically to assist the first. If the primary worker's contract is terminated, the assistant's contract is also terminated.

Contract Group: (Article 2.10 ET) The worker is considered a group of workers, breaking from the traditional concept of the worker as an individual. This is common in fields like construction and for musical groups. The working group must appoint a representative, who must be a member of the group. This group leader acts on behalf of the group. If a member... Continue reading "Understanding Different Types of Employment Contracts" »

1. Laws Affecting Commercial Sales Contracts

2. Qualification of the Contract

Commercial Nature (Arts. 325 and 326 C. of c.)

The elements that comprise the legal definition are buying things for resale, aiming for profit on resale. A commercial sale contract is one where the buyer intends to resell for profit, regardless of being a merchant. It excludes buying for own consumption. The buyer's intention to resell is key, especially if they are