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

The Spanish Constitution of 1876: Cánovas's Legacy

Origins and Context

The Spanish Constitution of 1876, incorporating the ideas of Antonio Cánovas del Castillo, marked a significant period in Spanish history. Although Cánovas’s party was called Conservative, its principles were notably more liberal than those of the Moderate Party that governed from 1844–1868. The constitutional text itself is considered a primary source for understanding the Restoration era.

Structure of Government and Separation of Powers

The brief 1876 Constitution established a separation of powers, though it was considered more imperfect than that stated in the Constitution of 1869. This imperfection was codified in Article 18, which outlined that the power of making... Continue reading "The 1876 Spanish Constitution: Cánovas del Castillo and the Restoration Era" »

Self-Defense Requirements

As required by Article CP 24:

1. Illegitimate Assault

An illegitimate assault (intentional) is an essential element, without which self-defense cannot be considered. This term refers to:

• A physical, real rush, but it need not be consummated.
• A current event in the sense of imminent. There can be no early or late defense.
• An unlawful criminal event (involving the person, home, or property). It is not necessary that the offender is guilty.

2. Rational Need for the Means Used in Defense

This is an accidental goal; if missing, it does not constitute complete self-defense but incomplete defense (cut off). It requires that the means of defense be the least invasive possible, using the lowest possible intensity. However, self-defense... Continue reading "Self-Defense and Necessity in Criminal Law" »

Shareholder Withdrawal Rights in S.A.s: Economic Aspects

The LSA (Ley de Sociedades Anónimas or equivalent) recognizes the right of separation for shareholders dissatisfied with an agreement adopted by the General Meeting in the three following cases:

1. Substitution of the company's legal purpose
2. Transfer of the registered office abroad
3. Transformation of an S.A. into a partnership or limited partnership, or by simple shares

Shareholders who have exercised their right of withdrawal shall be reimbursed for their shares. The determination of the redemption value of the shares is distinguished based on whether the shares are publicly traded or not.

Determining Share Redemption Value

• If the shares are publicly traded: The refund will be the average price

Understanding Civil Liability

Civil liability refers to the legal obligation to compensate for damages caused to another person. This right to seek compensation arises when an individual or entity has an obligation to bear the consequences of harm inflicted. The injured party is entitled to claim civil liability, and the responsible party must pay compensation for the damage caused.

Types of Civil Liability

Contractual Liability

Contractual liability arises when the damage is a direct consequence of a breach of an existing contract between the person causing the damage and the injured party. In such cases, a pre-existing contractual relationship defines the scope of responsibility.

Extra-Contractual Liability

Extra-contractual liability, also known... Continue reading "Navigating Civil Liability: Contractual and Extra-Contractual Frameworks" »

Background of the Opposition (Art. 30 LE)

For violations contained in the Expropriation Act. Expropriation should be total if the partial taking renders the property unusable or unsuitable for its intended uses.

The opposition may be made by the owner of the property or any other person having a property right therein. For these purposes, the trial will address ownership and real rights claimed over the res** subject to expropriation.

Trial Evidence (Arts. 29 and 30 LE)

Where the opposition concerning expropriation has been formulated in the answer, a joint evidentiary period of fifteen (15) days will open for the parties to seek and adduce the evidence they deem appropriate.

Case Relationship and Reports (Sec. 32 LE)

The valuation phase begins the... Continue reading "Expropriation Act Legal Procedures and Valuation" »

Active Subject

The active subject is the holder of the administrative power to implement the tax and collect it, i.e., it is a subject who carries out the tax procedures. Subjects under tax obligation are defined in Article 35.1 of the General Tax Law (LGT): individuals, legal persons, and entities that are under tax obligation according to tax provisions.

Passive Subject

The passive subject, as defined in Article 36, is the person who, according to the legislation in force, is under the tax obligation that consists in paying the main tax obligation and fulfilling the accompanying formal tax obligations, either as a taxpayer (contribuyente) or as a substitute (sustituto). The position of the passive subject cannot be transferred (Article 36.2)... Continue reading "Tax Obligations: Active and Passive Subjects Explained" »

Sovereignty and Suffrage

Article 1 of the Constitution of the Second Spanish Republic proclaimed that "Spain is a republic of justice." This foundational statement affirmed popular sovereignty, which included the right to vote for all Spaniards aged 18. This was a significant step beyond the universal male suffrage that had been achieved by 19th-century liberalism.

The Constitution also declared "the republic is an integral state," initially designing a decentralized structure. This allowed one or more neighboring provinces with "economic and cultural features and their own historical identity" to form autonomous communities. Catalonia and the Basque Country were the first to initiate this process, in accordance with the Constitution, leading... Continue reading "Spain's 1931 Constitution: Pillars of the Second Republic" »

The 1931 Spanish Constitution: Adoption and Context

The Provisional Government of Spain faced the crucial tasks of proclaiming the Catalan Republic and establishing the constituent Cortes that would draft a Constitution for the Second Republic. Its first democratic republican elections were held in June 1931, resulting in a majority for Republicans and Socialists. This outcome also highlighted the failure of Niceto Alcalá-Zamora and Miguel Maura's Republican right to significantly influence the drafting of key constitutional matters.

The 1931 Constitution was drafted by a committee chaired by the Socialist Jiménez de Asúa, and its final text was approved on December 9, 1931.

Analysis of the 1931 Constitution

This was a comprehensive constitution,... Continue reading "The 1931 Spanish Constitution: Foundations of the Second Republic" »

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" »