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

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:

Article 20: Protection of Fundamental Rights

Any person who, due to acts or omissions, suffers arbitrary or unlawful deprivation, disruption, or threats to the legitimate exercise of the rights and guarantees established in Article 19 (specifically numbers 1, 2, 3, 4, 5, 6, 9, 11, 12, 13, 15, 16, 21, 22, 23, 24, and 25) may appeal to the Court of Appeals. The Court shall immediately take all necessary steps to restore the rule of law and ensure adequate protection for the affected party, without prejudice to any other rights pursued through appropriate authorities or courts.

This protection also applies to Article 19, No. 8, in cases where the right to live in an unpolluted environment is affected by an arbitrary and illegal act attributable... Continue reading "Constitutional Protections: Articles 20 and 21 Explained" »

Electoral Management Bodies

The electoral administration is responsible for ensuring the transparency and objectivity of the election process. It is structured around two main pillars: the Census Office and the Electoral Boards.

1. The Electoral Census Office

The Electoral Census Office is responsible for obtaining the data of all Spanish citizens eligible to vote and stand for election. It determines who is entitled to exercise their right to vote.

Key Features of the Electoral Census

• Eligibility: It must contain the entry of everyone who is eligible to vote.
• Unicity: The census should be unique for all types of elections.
• Mandatory Registration: Registration in the census is mandatory.
• Data Prevalence: In case of doubt between two conflicting data

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" »

Suspension of Fundamental Rights

The Spanish Constitution regulates the suspension of rights and freedoms in Articles 55 and 116.

General and Individual Suspensions

A general suspension of rights and freedoms is provided for in Article 55.1, which is developed by Organic Law 4/1981 of June 1, regarding the states of alarm, emergency, and siege.

An individual suspension of rights (Articles 17.2, 18.2, and 18.3) may apply to specific persons integrated into armed or terrorist groups.

The State of Alarm

The State of Alarm is declared by the Government via decree for a period of 15 days, with the Congress of Deputies being duly informed. It can affect all or part of the country and is triggered by the following circumstances:

• Disasters or calamities.
• Health

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" »

Eligibility for Employment Contracts

Who Can Be an Employer?

The employer (or entrepreneur) must be a person over 18 years of age and possess full legal capacity to hire a worker.

Who Can Be Hired?

An employee must be a person over 16 years of age who has not been deprived of their ability to act by a court of law.

Restrictions on Minors (Under 18)

In the case of children under 16 years of age, they may be allowed to participate in public performances only with the authorization of parents or guardians and the responsible agency, provided that the activity does not pose a danger to their physical or psychological development.

All children under 18 are subject to strict labor restrictions. They cannot:

• Work at night (defined as when at least three hours