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

Social Security:

A set of rules and institutions aimed at assisting and protecting citizens against certain claims or states of need, ensuring their prevention.

Entities and Solicitors:

• INSS (National Social Security Institute): The organization responsible for the recognition and management of the right to economic benefits within the Social Security system during its contributory phase. It also recognizes the right to family benefits and healthcare, except for unemployment benefits. It manages the Social Institute of the Navy.
• IMSERSO (National Institute of Migration and Social Services): Manages the rights to economic benefits of the Social Security system during its non-contributory phase. IMSERSO is also responsible for managing complementary

Spanish Autonomous Communities

Overview of Autonomous Communities

Spain is divided into several autonomous communities, each with its own government and powers. These include:

• Andalusia
• Basque Country
• Catalonia
• Canary Islands
• Galicia
• Balearic Islands
• Navarra
• Valencia
• Castilla-La Mancha
• Aragon
• Castilla-Leon
• Extremadura
• Cantabria
• Madrid
• Murcia
• La Rioja
• Asturias

The President

The President of each autonomous community is elected by the assembly of deputies from among its members. The President's functions include:

• Directing the governing council
• Representing the autonomous community
• Summoning and dissolving the assembly
• Convening regional elections
• Appointing directors

Judiciary

The High Court of Justiciary is the highest court in each autonomous community. State law acts... Continue reading "Spanish Autonomous Communities and the European Union: A Guide" »

Expropriation

Expropriation is a singular public imperative affecting private property. It involves the forced transfer of ownership, sale, exchange, or temporary occupation of private property by reason of public utility or social interest, with monetary compensation or damages provided.

Constitutional Guarantees

• There must be a cause of public utility or social interest.
• Adequate financial consideration or compensation must be provided.
• The procedure must be performed according to the laws.

Subjects Involved in Expropriation

• Expropriating Administration: The State, province, or municipality.
• Beneficiaries: Those who benefit from the public utility or social interest project for which the property is acquired. This can be the administration itself

1st Period: Classical Liberalism or Constitutionalism

Ages:

As we increased the power of the king, some of the earliest antecedents of constitutionalism arose to limit royal power. For example, the Magna Carta, Habeas Corpus, and the Bill of Rights.

Start and Spread of Constitutionalism:

It begins: with the French Revolution and U.S. independence, leading to the birth of a system of laws based on tabs.

The spread: of constitutionalism stems from the ideas of Montesquieu (regarding the separation and balance of powers to avoid despotism). Its expression peaked in the U.S. Constitution.

This period was related to the 18th and 19th-century Enlightenment and Liberalism.

The Enlightenment: recognized that individuals and society predate the state and assigned... Continue reading "Constitutionalism: A Historical Overview" »

1977 General Elections and Aftermath

General elections were held on June 15, 1977. Election Day passed with absolute normality and a high turnout. The victory went to the Union of the Democratic Centre (UCD), which secured 166 seats, leaving the Spanish Socialist Workers' Party (PSOE) in second place. The so-called "Parents of the Spanish Constitution" were appointed by leaders of different parties: Manuel Fraga from the People's Alliance, Miquel Roca representing the Catalan minority, Gregorio Peces-Barba from the PSOE, Gabriel Cisneros, Pedro Pérez Llorca, and Miguel Herrero y Rodríguez de Miñón from the UCD, and Jordi Solé Tura from the Communist Party of Spain (PCE).

The Courts elected on June 15, 1977, were not formally constituent... Continue reading "Making of the Spanish Constitution of 1978" »

Compound Sentences

A compound sentence is formed by two or more independent clauses. Each part of the sentence has its own subject and predicate, and each clause expresses a complete thought. These clauses are typically joined by coordinating conjunctions or punctuation.

Juxtaposed Sentences

Juxtaposed sentences are a form of coordinated propositions. They form a rhythmic period and are separated by punctuation marks, most frequently commas.

Coordinated Sentences

Coordinated sentences can be further divided into subtypes:

• Copulative: Express a sum or series of actions. Copulative conjunctions that join them are "and", "which", and "not".
• Adversative: Express opposition between two ideas.
• Disjunctive: Express mutually exclusive actions (using "or").

Corporations

Corporations are voluntary associations seeking to provide benefits for themselves or company profits. There is no mercantile community of goods based on a contract where particular property is owned undivided by multiple people.

• Minimum Social Capital: Did not exist.
• Minimum Capital: Did not exist.
• Taxed: Income tax.
• Social Security: General/Autonomous Regime.
• Naming: Common name + CB

Civil Society

A civil society is a partnership agreement where two or more persons pool resources, property, or industry to share profits.

• Minimum Partners: 2.
• Tax: Personal Income Tax.
• Social Security: Autonomous.
• Naming: Free name + SC

Rights and Obligations

Rights

• Participate in activities.
• Elect or be elected to positions in social agencies.
• Make proposals and

Antijuricidad: Definition and Types

Antijuricidad refers to typical behavior that harms or endangers a legal right and is not authorized by law. There are two types of antijuricidad:

• Material Antijuricidad: Focuses on the social harm caused by the behavior.
• Formal Antijuricidad: Focuses on the behavior's contradiction with civil mandates and prohibitions, specifically the absence of express statutory authorization (justification) for the harmful conduct.

Absence of Illegality

Legal grounds for justification generally involve:

• Lack of interest (e.g., Section 141).
• The existence of an overriding interest (e.g., defense of necessity, duty, legitimate exercise of a position, authority, or office, and failure of just cause).

Justification: Legitimate Defense

Legitimate

ROAC Registration and Auditor Career Path

Registration in the ROAC (Registro Oficial de Auditores de Cuentas - Official Registry of Account Auditors) - Career Path: Title empowering to college, specific theoretical course, theoretical examination of professional qualification, practical training (8 years, five of them as qualified personnel), practical test of professional qualifications, and registration in the ROAC. Attitude tests are performed in a single call, at the proposal of biennial corporate auditors.

Independence, Integrity, and Objectivity (Second ICAC Rule)

The auditor will maintain a position of absolute independence, integrity, and objectivity. The ICAC is the standard of the duty of independence. To ensure independence, the LAC... Continue reading "ROAC Registration and Auditor Career Path in Spain" »

Mancipatio

Procedures

It is based on a formula. The declaration of the formula is made by the mancipio accipiens (the person who wants to buy the thing). It is an act performed per aes et libram (with copper and balance). From the appearance of currencies, the balance is no longer used as coins are utilized. Declarations are made by both the transmitter and the buyer. In a solemn declaration (nuncupatio), the transmitter makes solemn declarations before the formula.

Actions

Two types of actions are generated:

• Actio ex stipulatu: This is given in favor of the buyer when the seller has declared an extension over the real estate building being conveyed. It replies to twice the value of the missing part.
• Actio de auctoritatis: This occurs when a third