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

Roman Law Essentials: Part II

Buy and Sell Contracts (Emptio Venditio)

Key Subjects in Buy and Sell

• Seller (Venditor): Obligated to deliver the thing (rem tradere).
• Buyer (Emptor): Obligated to pay the agreed price (pretium solvere).

Actions and Responsibilities

• Actions: The transaction involves the act of buying and selling.
• Seller's Liability: Responsible for custodia (safe-keeping), dolus (deceit), and culpa (fault). Must answer for defects of the thing and could pay double for non-existent qualities.
• Arras (Earnest Money): A quantity or object given as evidence of consent to the contract.
• Sale of Future Things:
  • If the existence of the thing depends on the seller, the buyer can claim damages (dolus).
  • Sales of hope (emptio spei) are at the buyer's risk

The Presidential System

The Presidential System

While both systems may appear different, one featuring a monarch with secretaries and the other a parliament making crucial legal rules, the political formula known as "presidential leadership" relies on the president's moral and political influence to implement decisions within the state structure.

The presidential regime, similar to a limited monarchy, allows the legislature and executive to perform their roles without creating dependency relationships.

Basic Features of a Presidential Regime:

1. Monistic Executive Power: The head of state and head of government are the same person: the president. The president, directly elected by the people, possesses popular legitimacy and governs. They freely appoint

Summary teaching the theory of the effects of the collective agreement on the wording of a double top, namely:

1. Principle of the Ripple Effect

In consequence of which the provisions of the Convention apply equally to workers hired before, during, and after its term (articles 508, 509, 524 LOT). Likewise, this principle refers to the collective agreement applies not only to union members that have signed but also to workers not affiliated to that organization, being indifferent to it, or be affiliated with other minority unions.

2. Principle of Automatic Effect

Under which the provisions of the collective agreement clauses become mandatory and an integral part of individual employment contracts concluded or concluded during its validity, with... Continue reading "Collective Agreement Effects: A Comprehensive Analysis" »

Census Declaration: Understanding Your Tax Obligations

It is a purely informational statement – a non-tax settlement – that allows the Administration to understand the taxpayer's tax obligations, generate a list of applicable taxes, and control and manage the payment of taxes related to the activity in question.

Purpose of the Census Declaration

• Request a Tax Identification Number (TIN) (for companies only).
• Communicate applicable VAT rules.
• Renounce the objective assessment method and the simplified direct estimation method for Personal Income Tax (IRPF).
• Request inclusion in the Intra-Community Operators Register.
• Opt for the application of special pro-rata tax regimes.
• Communicate changes in identifying data, tax deregistration, or the commencement/

Item 2: Legal Issues on Company Sales

Sales

A sale is a legal transaction involving the transfer of property between a buyer and a seller.

Duties

The buyer's essential obligation is to pay for the acquired goods. The seller's obligations include:

• Delivering the goods
• Ensuring the goods are free of defects (both apparent and hidden)
• Protecting the buyer's right to the purchased item against legal challenges (eviction)
• Supporting the buyer in any new activity related to the goods
• Refraining from competing with the buyer

Seller Specialties

Sellers can specialize in various types of property, including real estate, personal property, industrial property, credits, debts, contracts, accounts, and customer bases.

Lease

A lease is a contract between a landlord... Continue reading "Legal Framework for Business Transactions and Commercial Law" »

Real Precautionary Measures in Criminal Proceedings

Real precautionary measures are economic safeguards designed to secure the corpus delicti (body of the crime) and potential civil liabilities stemming from the commission of criminal offenses. These measures can be levied on both real and personal property.

The Criminal Procedure Code (CPP) typically places no limitations on the types of property or assets that may be subject to these measures. They apply to anything relevant to the offense, regardless of its location, provided it relates directly to the crime. Essentially, they serve as security and conservation measures for properties and items that will later be assessed by the court.

Seizure of Property and Assets

Seizure of things and property... Continue reading "Legal Safeguards: Precautionary Measures and Habeas Corpus Explained" »

Evidence and Proof in Legal Proceedings

Evidence: Procedural activity of the parties and the judge, directed towards making the latter's conviction about the truth or certainty of the facts asserted by the party, which takes place mainly in the trial. Only through the evidence carried out at the trial may the legal conviction be formed. The purpose of the evidence is essentially the facts.

Valuation of Proof

Valuation of Proof: The principle of free assessment of evidence, which conforms to the rules of logic, to the maximum of experience and accepted scientific knowledge.

Consequences:

1. The court has the obligation to reason or provide evidence to motivate the result in its sentence. There is no evidence worth more than another.
2. Neither the Supreme

The Greek Root of Democracy

In ancient Athens, the government was in the hands of all citizens.

Differences from Modern Democracy

• A basic difference is the size of communities. In ancient Greece, communities were small, and all their members were known.
• There were also compact and economically independent communities.
• They practiced direct democracy not only in deliberations and decisions but also in their implementation.
• Democracy constituted a way of life. Daily life mainly focused on political participation.

Similarities with Modern Democracy

• In the Athenian polis, rational argument was the foundation of all political power. Whoever exercised authority must always provide reasons acceptable to the public.
• There is a relationship between citizenship

Invoices serve as proof of operations recorded in these books, specifically for travel bills.

Admissibility of Re-inspection for 2008 Income Tax

Yes, it is admissible. LGT Article 140.1 states that: "Given a resolution in a limited verification procedure, the tax authorities may not make a new adjustment in relation to the object referred to in paragraph 2 of the preceding article unless a limited verification or inspection procedure is initiated after new facts or circumstances arise from actions other than those made and specified in that resolution."

This article therefore implies that it is possible to initiate a procedure to inspect income tax for 2008, but a new adjustment can only be made if new facts or circumstances emerge.

Procedure Length

Dies a quo

The day from which a period begins to run.

Eminent Domain

The coercive transfer of private property for public use or social interest, accompanied by the payment of its economic value or fair compensation.

Interdictus

A civil action to retain or regain possession of property, irrespective of ownership. The focus is on possession, not ownership.

Interdictum Proprium

The power conferred upon the administration to reclaim possession of its assets or public domain without recourse to a court.

Orders

Typical administrative acts that impose duties to perform, refrain from performing, or endure certain actions.

Authorisations

An administrative act by which consent is granted for the exercise of a private activity, which would otherwise be prohibited.... Continue reading "Key Legal and Administrative Terms Defined" »