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

Forfeiture and Limitation Periods

Certain rights are subject to a *limitation period*, meaning the right can only be exercised within that specific timeframe. Generally, these periods do not allow for interruption or suspension. Legal codes do not always automatically recognize when a deadline for filing an action has expired, or when prescription has occurred. Legal doctrine often considers *expiration deadlines* as a statutory amendment, distinct from *limitation periods* which are primarily for safeguarding and maintaining a pre-existing right.

Differences Between Forfeiture (Expiration) and Prescription

1. Forfeiture (expiration) can arise from a private act or by law, whereas prescription originates solely from the law.
2. Forfeiture aims to fix

Types of Traditional Medicine

Traditional medicine refers to the practices of healers and magicians, often intertwined with religious manifestations and magical thinking. These individuals were among the first independent artisans, holding privileged positions in early social organizations. Traditional medicine predates scientific medical knowledge and was often practiced by lower social classes, a form known as traditional folk medicine, passed down through oral tradition.

General Historical Background

Early medicine relied on primitive religious and magical practices, such as using plants and roots to cure diseases. This "archaic" medicine was generally practiced by priests, sorcerers, and healers. One notable surgical procedure was trepanation,... Continue reading "Traditional Medicine: History and Practices Across Cultures" »

Text 1: The Constitution of 1812 (Cádiz)

This text presents a series of articles from the Constitution of Cádiz, adopted on March 19, 1812.

This legal text established, for the first time in Spain, the fundamental principles of liberalism.

On the initiative of the Central Junta, the Cortes met in Cádiz, the only city free from the French invasion. The members who approved the constitution were mostly representatives of the middle classes. Las Cortes de Cádiz carried out its revolutionary work until 1814.

Key liberal principles included:

• Article 3: Proclaimed national sovereignty.
• Articles 15, 16, and 17: Established the separation of powers.
• Article 8: Approved financial equality, abolishing privileges for specific groups.
• Article 371: Enshrined

What facts make an appeal for review?

An appeal for review can be made based on the following:

1. That the decision was rendered without due process.
2. That, in passing, a manifest error of fact has been committed, and it has been crucial to the decision, or valuable documents essential to the resolution of the matter, ignored when issuing the act, or have not been possible to accompany the administrative record at the time.
3. That a final sentence declares that the act was passed as a result of corruption, bribery, violence, or other fraudulent scheme.
4. That crucial documents or testimonies, declared false by final sentence after that resolution, or earlier still, had not been known in due course by the applicant, and have influenced the decision.

What

Capacity

Capacity to Enjoy and Exercise Rights

Capacity, in general, is the legal ability to exercise rights and obligations. It is divided into capacity to enjoy and capacity to exercise. The former refers to the legal ability to hold rights and obligations, while the latter refers to the legal ability to personally exercise those rights and obligations.

Capacity of Natural Persons

According to Article 1446 of the Civil Code, "every person is legally capable, except those whom the law declares incapable."

Types of Incapacity

There are two types of incapacity:

• Absolute Incapacity: This applies to prepubescent individuals (women under 12 and men under 14), the insane, and the deaf who cannot express themselves in writing. These individuals can only

Principles of Advertising Registry

The advertising registry operates under several key principles, ensuring transparency and legal validity.

1. Compulsory Registration

Registration is generally compulsory unless specific rules permit otherwise. If a society isn't registered in the commercial register, it's considered irregular and lacks legal standing.

2. Public Ownership

Registration is made public, accessible to all. Private documents are only used for registration when explicitly allowed by law. Public documents include:

• Notarial act or deed (prepared by a notary)
• Judicial record (prepared by a clerk)

3. Legality

The registrar verifies the legality of documents, the capacity and legitimacy of those involved, and the validity of the content. This... Continue reading "Advertising Registry: Principles and Legalities" »

Limited Liability Companies in Spain: Key Aspects

To understand the significant economic importance of limited liability companies (LLCs) in the current economic system, it's crucial to recognize that the vast majority of Spain's industrial fabric consists of small and medium-sized enterprises (SMEs) structured as limited companies.

Legal Framework for Spanish LLCs

The regulation of Limited Liability Companies in Spain is primarily governed by two key legal instruments:

1. It is regulated, first and foremost, by its own specific law: Law 2/1995 of March 23 on Limited Liability Companies. As stated in its preamble, this law provides flexible rules, allowing its provisions to be adapted to the specific needs and conveniences of partners in each case.

Legal Character of International Law

International law is a legal order; it is not a system of moral rules or courtesy. In effect, the rules of international law serve as rules of law in the international community. States, in their disputes, recall them, call for them, and pay compensation for their offense. All states have the conviction that they cannot escape their knowledge and compliance. International courts of law apply them using all the resources of legal technicalities, and national courts regard them as part of their domestic law and apply them when presented with the opportunity to do so. In other words, public international law is considered as a right.

The Conditions of Multilateral Treaties

• Deferred Signature: This sets a period

Business Structures: A Comparison

1. Sociedad de Responsabilidad Limitada (SRL)

Liability

Partners' liability is limited to their capital contributions.

Capital

Divided into equal shares, minimum $10 or multiples. Full subscription required upon incorporation. Cash or in-kind contributions allowed.

Governance

Meeting of members. Mandatory assembly structure if 20+ members.

Administration

One or more managers (partners or third parties).

Control

Regulatory agency mandatory for 20+ members (lawyer or accountant optional otherwise).

Members

Maximum 50.

Contract

Public or private.

2. Sociedad Anónima (SA)

Liability

Partners' liability is limited to their share subscriptions.

Capital

Full subscription required upon establishment. Cash contributions: minimum 25% upfront,... Continue reading "A Comparison of Business Structures" »

Mandatory Content of Autonomous Community Statutes (Art. 147 EC)

Article 147.2 of the Spanish Constitution (EC) mandates the following minimum content for Autonomous Community Statutes:

• The community's name, reflecting its historical identity.
• Demarcation of its territory.
• Name, organization, and headquarters of its autonomous institutions.
• Powers assumed within the EC framework and rules for transferring related services.

Amending the Statute of Autonomy

The Statute of Autonomy, although an organic law, requires a qualified quorum (2/3 of each House, national and regional) for amendment. It cannot be altered solely by the national Parliament or the regional Assembly. Constitutional amendment (Art. 166 et seq. EC) is the only route for restructuring... Continue reading "Spanish Autonomous Communities: Statutes, Laws, and Regional Governance" »