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

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" »

Forms of State Structure

The structure of a state defines how political power is exercised and limited. State forms are generally categorized based on the extent of governmental control and adherence to legal limits.

I. Authoritarian State

Characterized by unlimited power, the authoritarian state is typically divided into two forms:

• Absolute Authoritarian State (Absolutist)

  There is no legal way to exercise opposition against the ruler's command (e.g., the king).

• Totalitarian State

  A dictatorship where the state controls all fields in which the subject unfolds, including their private life.

II. State Based on the Rule of Law (Estado de Derecho)

All citizens possess the same rights. Political power can only be exercised within the limits imposed by law,... Continue reading "State Structures and Max Weber's Forms of Legitimacy" »

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:

Part II: Entry, Documentation, and Alien Status

Entry into Spain requires a visa. Types include:

• Transit visa: Entitling the holder to transit.
• Stay visa: For a stay not exceeding 3 months per semester.
• Work and residence visa: For self-employed or employed individuals wishing to reside.
• Study approval: For courses, studies, or research work.
• Residence visa: To live without work activity.

Development is witnessed to obtain a foreigner identity card for persons issued a visa or permit for more than 6 months.

Law Distinctions: Stay vs. Residence

The law distinguishes between:

• Stay: Allows stay for no longer than 90 days.
• Residence: Can be:
  • Temporal: Maximum 5 years. Requires testifying sufficient livelihoods to meet living expenses and subsistence for the

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

Liability for Corporate Debts

The responsibility of partners is personal and unlimited, meaning partners are liable with all their assets. This is a vicarious or secondary liability; the assets of the partners can only be targeted after the full execution of the company's assets. Furthermore, the partners are jointly and severally liable.

Fundamental Rights of the Partner

• Right to participate in the distribution of earnings and in the equity resulting from liquidation.
• Pre-emptive rights in the creation of new ventures or new share issues.
• Right to attend and vote at general meetings and to challenge resolutions.
• Right to information.

Officers of the Board

Unless otherwise provided in the bylaws, the President and Secretary of the general meeting shall... Continue reading "Corporate Debt Liability and Shareholder Rights" »