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

The Restoration Era: A Democratic Facade

The Restoration in democratic theory was intended to establish a political system based on two dynastic parties without opposition. However, the Spanish democratic regime was merely a farce controlled by corrupt ruling classes. Spain adopted the guise of a constitutional democratic regime, but the people had no real participation in choosing the government.

To ensure the election results required to facilitate the party shift, the government began a period marked by the systematic manipulation of results. The parliamentary system of the Restoration was a fiction, designed to perpetuate the oligarchic structure of power without major alterations.

The Role of the Political Boss

The key figure in this system... Continue reading "The Restoration Era: Political Corruption and Electoral Fraud" »

State Federal vs. Confederation

State Federal: A union of political entities that cannot be separated.

Confederation: The union of states that, according to the original text, cannot be separated.

Powers of Government

• Legislative Power: Makes laws.
• Executive Power: Ensures compliance with laws.
• Judicial Power: Judges if laws have been complied with.

The Spanish Constitution

The Spanish Constitution consists of:

• Preamble: An example of clarity and concision.
• Dogmatic Part: This is a declaration of principles, establishing duties and rights.
• Organic Part: This designs the structure of the state.

Types of Constitutional Documents

• Charter Granted: A document where a sovereign grants a series of rights to their people.
• Constitutional Revision: Involves making

Emancipation: Conditions and Procedures

Emancipation may be granted by marriage, by parental consent, or by judicial request for those over 16 years of age. This applies when parents are in circumstances provided in Article 320 of the Civil Code or when the minor seeks to exit guardianship, as referred to in Article 319.

Judicial Granting of Emancipation

The Civil Code allows children who have attained the age of sixteen to petition the judge for emancipation if they are subject to custody or guardianship. For minors under guardianship, the Civil Code does not require supplementary budgets if the application is well-founded.

When children are subject to parental authority, judicial emancipation requires the existence of specific factual circumstances... Continue reading "Legal Emancipation and Disability Under Civil Law" »

Article 58: Property Transfer Registration

To register the transfer contract inter vivos, gift, or an estate that has not previously been registered, the Keeper will require evidence of having given notice of such transfer to the public through three advertisements in a newspaper. This notice must be placed in the department or the capital of the province (if there isn't a newspaper in that department). A sign must also be set for at least fifteen days in the office of the Conservative, with the designations of persons transferring the property, and the boundaries and name of the property, which is the subject of the contract.

The Conservative will certify compliance with the requirements indicated in the preceding paragraph at the foot of the... Continue reading "Real Estate Transfer and Registration Essentials" »

BDE Configuration and Governing Bodies

Governing Bodies of the BDE

The governing bodies of the Bank of Spain (BDE) are:

• The Governor: Appointed by the King at the proposal of the Government. The term is six years, non-renewable.
• The Deputy Governor: Appointed by the Government upon the proposal of the Governor. The term of office is also six years, non-renewable.
• The Board of Governors: Comprises the Governor, the Deputy Governor, six Directors appointed by the Government, the Director General of the Treasury and Financial Policy, and the Vice President of the CNMV.
• The Executive Committee: Composed of the Governor, the Deputy Governor, and two Directors.

The European System of Central Banks (ESCB)

The ESCB comprises the European Central Bank (ECB)... Continue reading "Governance Structure of the BDE and the European Central Banking System" »

Tax Obligations and Responsibilities

Types of Obligations

a) Material Obligations: These are the primary obligations, such as making payments against the principal tax liability, including installment payments.

b) Procedural Obligations: These obligations require taxpayers to follow tax procedures, regardless of whether they are ultimately liable for a tax. For example, providing a CIF (Tax Identification Code).

Taxable Event Classes

a) Objective Elements: These are the factual situations that trigger a tax, such as the acquisition of assets.

b) Subjective Element: This is the connection between the objective element and the person who is required to pay the tax, such as owning a property.

c) Territorial Elements: This specifies where the taxable... Continue reading "Tax Obligations, Events, and Liability: A Detailed Analysis" »

Classification of Civil and Commercial Obligations

Joint and Several Obligations

Joint (Mancomunada)

This occurs when there are two or more creditors or two or more debtors in a compulsory relationship. The provision is divided:

• Each obligor is only required to meet part of the provision.
• The creditor(s) cannot require any single debtor who has met their part to fulfill the entire benefit.
• If the obligation is inherently indivisible, it must be considered Joint and Several (Solidaria).

Joint and Several (Solidaria)

Involves several people acting as both debtor and creditor. This structure governs the internal relationship between debtors and creditors:

• Any creditor may require a debtor to fulfill the whole provision.
• The debtor who has paid the entire

Standing to Negotiate

• Enterprise Level or Lower Collective Agreements:
  • The works council or staff representatives
  • Union representatives seeking to represent the majority in the committee
  • Employers or their representatives
• Sectoral Collective Agreements:
  • The most representative trade unions at the state or autonomous community level
  • Trade unions with a minimum of 10% of members on the committee
  • Associations that have at least 10% of employers in the field of the agreement and represent at least 10% of workers in this field

Initiation of Negotiations

The party initiating negotiations must advise the other party in writing, stating the legitimacy of the initiator, the areas of agreement, and the parties involved in the negotiation. A copy must also be sent... Continue reading "Collective Bargaining: Negotiation and Validity Essentials" »

Conditions for the Validity of Legal Acts

What are the conditions of validity of the act? To be valid, an act requires:

1. One who is legally capable;
2. Consent to the act or statement where the consent is not vitiated;
3. Falling upon a lawful object;
4. Having a lawful cause.

The Cause of Administrative Acts

What is the cause of administrative acts? The causes of administrative acts are the motivations or reasons that the authority had to issue the act. According to Roberto Dromi, motivations "are the facts and law that led to the emanation of the act."

The Purpose of an Act

What is the purpose? The purpose of an act consists of the rights and obligations it creates, modifies, or terminates.

Validity in Administrative Action

Do you apply the conditions of validity

Classification of Companies and Their Legal Forms

Sole Trader (Empresario Individual)

• Name: Uses the name of the holder.
• Registration: Recommended to register with the Mercantile Register.
• Nature: A natural person routinely exercising a business activity on their own account.
• Liability: Personal and unlimited; the individual answers for business debts with all their assets.

Public Limited Company (Sociedad Anónima - S.A.)

• Name: Must be distinct from other companies to avoid confusion.
• Formation: Requires a public deed, publication, and registration in the Mercantile Register.
• Capital: Divided into shares belonging to the shareholders.
• Liability: Limited to the capital contributed by shareholders.
• Capital Contributions: Can be made in cash or assets.
• Minimum