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

NOTE LESSON 05: PROPERTY

1. Concept

Property (derived from proprius, which belongs to one person) is the right that an individual or company has to use, enjoy, dispose of, or recover something from whoever owns or holds it (Article 1228, caput, Civil Code). This represents the most complete set of legal rights and the central right concerning things.

2. The Social Function of Property

The current Civil Code, Article 1228, § 1, reaffirms the social function of property as established in Article 5, XXIII of the Constitution and the City Statute (Law 10257/01).

2.1. Socio-Environmental Function

In fact, the Civil Code goes further, extending the social function of property to its socio-environmental function, providing for the protection of flora,... Continue reading "Understanding Property Rights: Definition and Elements" »

Theories About the Origin of the State

The origin of the state is a controversial issue that sparks two main responses:

1. The State Is Not Required (Anarchism)

This political movement argues that the state is not only unnecessary but also undesirable. Historically, the state has been seen as an instrument of oppression, favoring the powerful and generating ambition, hatred, and abuse. While life is inherently social, anarchists believe this doesn't necessitate a central, oppressive power. They posit that natural human goodness ensures solidarity without imposed control.

2. The State Is Necessary

This perspective is supported by two main arguments:

• Monopoly of Force: The state, by holding a monopoly on force, limits and controls potential outbreaks

Modification and Termination of Obligations

Subjective Modification

This type of modification involves a change in either the debtor or the creditor. This means that the provision is fulfilled by a person different from the original debtor. A change in the debtor always requires the creditor's consent. However, a change in the creditor can be made without the debtor's consent, but the debtor must be notified of the change.

Objective Modification

This type of modification alters situational elements of the obligation, such as a change in the location or time of performance.

Extinction of Obligations

Article 1156 of the Civil Code states that obligations are extinguished by:

• Payment or performance
• Loss of the thing due or supervening impossibility of

Article 6: Jurisdiction of Chile

Article 6 states that Chile retains jurisdiction over crimes and offenses committed outside the territory of the Republic in the following circumstances:

1. Crimes by Diplomatic or Consular Agents

Those committed by a diplomatic agent or consul of the Republic, in the exercise of their functions.

2. Misappropriation, Fraud, and Related Offenses

The misappropriation of public funds, fraud, extortion, infidelity in the custody of documents, violation of secrets, and bribery committed by public officials, whether Chilean or foreign, in the service of the Republic.

3. Offenses Against Sovereignty or Security

Those that go against the sovereignty or external security of the state, committed by Chilean nationals (natural... Continue reading "Chilean Jurisdiction: Crimes and Offenses Abroad" »

Authority as a Necessary Condition

The authority of the State is more than a necessary tool of guardianship; it is the necessary condition for freedoms. Individuals are born into and are legitimized by the State as authentic situations and subjective individuals. This model dispenses with any reference to a natural law of individuals preceding the law imposed by states. There is no freedom nor any individual before the State, only the binding force and authoritative standards of the State capable of ordering society and establishing the subjective positions of individuals.

The Disappearance of the Distinction Between Societas and Pactum Subiectionis

In this model, the distinction between pactum societatis and pactum subiectionis disappears. A... Continue reading "State Model: Authority, Freedom, and Individual Liberties" »

Code of Commerce: A Systematized Set of Rules of Mercantile Law

The Code of Commerce is a systematized set of rules of law designed to regulate commercial activities, seeking to adapt to the needs and dynamics of economic relations.

Federal Tax Code: This code contains a computerized system establishing concepts and procedures for tax revenue and the relationship between the taxpayer and the Federation.

Income Tax Law (ISR): This law seeks to levy taxes on the income of individuals, such as employees and those who conduct business or professional activities.

Value Added Tax Law (VAT): This is a general-level law intended to tax activities such as the sale of goods, the provision of independent services, and the temporary use of property.

Accounting

Spanish Adverbial Propositions

A proposition is self-xqe adverbial: It can be replaced by a verb complement and serves as a circumstantial complement (CC).

A proper adverbial proposition cannot be replaced by an adverb. It complements the verb, but the entire main proposition indicates a condition.

Types of Adverbial Propositions

Adverbial Subordinate Propositions

Place: Marks the spot where the action expressed by the verb in the principal proposition occurs. Responds to Where? Can be replaced by an adverb of place and functions as a CCL (Complemento Circunstancial de Lugar).

Time: Indicates when the action expressed by the verb in the principal proposition occurs. Responds to When? It can be replaced by an adverb of time and functions as a CCT... Continue reading "Spanish Adverbial Propositions: A Comprehensive Overview" »

Criminal Procedural Law

This encompasses the rules governing the activities within a legal procedure or process.

Key Concepts

Contradictory: Occurs when there's an opposing party, and the judge determines who exercises the right.

Without Contradiction: A voluntary application before the judge without an opposing party.

Trinomial Proceedings: Involves the judge, plaintiff, and defendant.

Guiding Principles

• Equality: All parties are treated equally under the law.
• Concentration: Parties take steps to expedite the process and gather evidence efficiently.
• Judicial Economy: Focuses on efficiency to expedite the process.
• Disposition of the Parties: Parties can request documents to understand the process, which must be transparent.
• Matching of the Sentence: The

Maria Concepcion Perez vs. Pedro Gomez

Regular Civil Trial

Necessary Divorce

File: 02/09

Initiation

C. First Judge of the Family

This

Maria Concepcion Perez, a Mexican adult, pointing to the address for service of notices as Calle 5 de Mayo no. 1897, Col. Delicias, in this city, respectfully appears to exhibit:

Hereby, I go to promote the incompetence of C. Chief Judge of the Family of First Instance by inhibiting, to hear the ordinary civil trial for necessary divorce that my husband, Pedro Gomez, has promoted against the undersigned.

I base my promotion on the following facts and legal arguments:

Facts

I. On the eighteenth day of March, two thousand five, I married the defendant under the regime of conjugal partnership, as credited with the certified... Continue reading "Maria Concepcion Perez vs. Pedro Gomez: Divorce Proceedings" »

Tax Case Studies in Peru

Case 1: Tax Liability on Advance Payment

CASE: The SAC Llaque Company, dedicated to the marketing of clothing, dated January 15, 2009, received in advance from its client, Ms. Miluska Briones, the amount of S/. 20,000 corresponding to a purchase order for a batch of goods whose value is S/. 80,000 plus IGV. Such goods will be delivered in 30 calendar days, and the balance of the transaction will be canceled upon delivery. When is the tax liability incurred in this transaction?

Solution

SOLUTION: For the amount that is received. Thus, in the present case, receiving as an advance the sum of S/. 20,000 for an operation for which property has not yet been transferred, the tax liability will arise in January 2009, but only for... Continue reading "Peruvian Tax Cases: Advance Payments, Services, Property VAT" »