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

Understanding the Guarantee of Rights

The guarantee of rights is a fundamental aspect of any political system. Different models approach this crucial task with distinct philosophies and structures.

The British Model of Rights Guarantee

In the traditional British model, the guarantee of rights is primarily resolved through:

• The **priority of the judiciary**.
• The **role of the legislature**.

The French Revolutionary Experience

In contrast to the British model, the French Revolution's experience with rights and freedoms was profoundly shaped by its historicist character. The Revolution *could not and would not* grant a major guarantor role to judges.

Rejecting Judicial Guarantors

This stance stemmed from the historical experience of the absolute state,... Continue reading "Rights Protection: British vs. French Revolutionary Models" »

Temporary Occupation by Force Majeure (Art. 59 LE)

In cases of force majeure or absolute necessity (fire, flood, earthquake, etc.), the state or municipality may temporarily occupy property. Compensation to the owner is due, considering the circumstances.

Transfer of Property During Expropriation (Art. 10 LE)

Property transfer during expropriation proceedings doesn't stop the process. The new owner assumes all obligations and rights of the previous owner. The real action is intent upon the good that is the case of expropriations, not interrupt the expropriation proceedings may not Prevent Its Effects

Release of Charges on Expropriated Property (Art. 11 LE)

No action can be taken on expropriated property after the expropriation judgment. Creditors... Continue reading "Temporary Occupation & Expropriation in Venezuelan Law" »

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

Internal Revenue Service: Mission & Vision

Our Mission: Fair & Just Tax System Management

The mission of the Internal Revenue Service (IRS) as a state institution is the fair and just management of the internal taxation system, aiming to achieve fiscal targets. We facilitate voluntary compliance by providing quality services tailored to each type of taxpayer, ensuring proper tax compliance in strict accordance with the law. Our supervisory efforts are focused on taxpayers exhibiting risky tax behavior.

Our Vision: Excellence in Tax Administration

The IRS strives to be perceived by its customers as an institution of excellence: transparent, operating with equity, and in strict adherence to laws and regulations. We aim to provide quality... Continue reading "Internal Revenue Service: Mission, Functions, and Taxpayer Obligations" »

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" »

Government contracts are considered for award when valued at less than €50,000 in the case of works contracts, or €18,000 for other types of contracts.

Contract Award Procedures Explained

Several procedures govern the award of public contracts:

• Open Procedure: All interested contractors may submit a proposal.
• Restricted Procedure: Only employers who request to be selected by the contracting authority may submit proposals.
• Negotiated Procedure: The award goes to the successful bidder chosen by the contracting authority after consulting several candidates. Depending on the amount and specific cases stipulated in this Law, negotiations may occur with or without prior advertising.
• Competitive Dialogue: Used for particularly large infrastructure projects.

Employee Leave: Rights and Categories

Leave is a right for workers to temporarily not provide their labor services to the enterprise. Unlike employment contract suspensions, leave does not always guarantee job reservation. In some cases, workers only retain a preferential right to re-enter the same or similar vacancies within their category that may arise in the future within the company. Types of leave are classified as:

• Compulsory Unpaid Leave Explained

  Occurs when a worker assumes a public office or association role that prevents attendance at work. The law preserves the job during the contract suspension, with a duty of reinstatement within one month after leaving the office. This period counts towards seniority.

• Parental Leave for Child Care

  This