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

Legal and administrative texts emanate from the three powers of a state's democracy: the Legislative, Executive, and Judicial.

Origin of Legal and Administrative Texts

Administrative texts are generated by diverse government agencies in relation to citizens or in their internal relations, such as certificates.

Legal texts are issued by the various organs of the administration of justice. They may be of a legal or judicial character.

• Legal texts (laws, decree-laws, etc.) emanate from the legislature.
• Judicial texts (claims, judgments) emanate from the judicial branch and represent the practical application of laws by the legal profession.

Communicative Aspects

The issuer of a legal-administrative text is often the public administration, parliament,... Continue reading "Characteristics of Legal and Administrative Texts" »

Limited Liability Company (LLC)

Features

An LLC may be formed by one or more partners.

The social capital cannot be less than €3,005 and must be fully paid at the time of constitution.

• Liability: The liability of the members is limited to their contributions of money, property, or rights.
• Name: The company name ends with SL.

Government Bodies

• The General Board: This is the governing body of the LLC and is represented by all partners. Its function is to monitor management and approve the annual accounts, as well as appoint directors.
• Administrators: These may be partners or not and are responsible for managing the company and executing the decisions of the general meeting.

The rights of partners involve the sharing of profits and assets of the company.... Continue reading "Understanding Limited Liability Companies and Corporations" »

Corporate Operations

Taxable Events: Corporate Transactions Subject to Tax

Corporate transactions are considered subject to tax in the following cases:

• The creation, increase, and decrease of capital, merger, division, and dissolution of companies.
• The sums paid by the partners to replenish losses.
• The move to Spain of the place of effective management or the registered office of a company, when they were not previously in EU countries or were not subject to a similar tax.
• The undertaking by entities of operations in Spanish territory through branches or permanent establishments.

For the purposes of Impuesto sobre Transmisiones Patrimoniales (ITP), the following are also considered as companies:

• Non-corporate legal persons, profit-making.
• Contracts

Social Uses of Law

Self-regulation is imposed on an individual's public behavior to gain social acceptance within their operating human group, also known as rules of social intercourse.

Theories on Social Uses

Giorgio Vecchio's Perspective

This author states that social conventions are not a special kind of rules, and therefore, they do not entitle anyone to demand the observance of obligations.

Stammler's View on Social Practices

This author states that social practices are part of morality, which influences individuals to observe certain behaviors, contrasting with the enforcement posed by law.

Kelsen on Social Rules vs. Law

This author states that the rules of social use differ from law because there is no coercion for compliance.

Social Use vs.

THE CONSERVATIVE REAL ESTATE

ELREGISTRO OF WATERS AND ARTICLES CA 112 121

The functions of the conservative form of appointment and the procedures to be supported are regulated in the Courts Organization Code (Articles 446-452), the Civil Code (Articles 686-699), and the Conservatory Real Estate Registration Regulations. These rules, under the provisions of Articles 112 and 121 CC, apply extra to the specifications stated in the CA.

It is conservative jurisdiction that is set forth in Article 118: in whose territory the intake channel matrix is located in the natural channel, reservoir, or well, and, in your case (see article). Exception: as noted in Article 1 transitional, item 2, CA, where appropriate.

The registration of water is composed of... Continue reading "Water Rights Registration: Procedures and Regulations" »

Article 153: Internal Workplace Regulations

Industrial and commercial companies that normally employ twenty-five or more permanent workers across various factories or sections, even if situated in different locations, are required to establish internal rules of order, health, and safety. These rules must detail the obligations and prohibitions workers must adhere to regarding their work and their safety while on company premises.

A copy of these regulations must be submitted to the Ministry of Health and the Labour Department within five days of their finalization.

Staff representatives, individual workers, or trade union organizations within the enterprise may challenge any aspect of the regulations they deem illegal. Challenges should be filed... Continue reading "Workplace Regulations: Ensuring Safety and Compliance" »

Water Use Rights vs. Organization Membership Registration

When referring to registrations, both primary and derivative, a distinction was made between those concerning the right of use as such or the rights of a member in a user organization, and those related to a user organization itself.

Note that within the first case, two kinds of situations were sub-distinguished:

1. Concerning the right to use itself.
2. Concerning the rights of a member within a user organization.

Why this sub-distinction? Because there are entries made in the Land Registry of Water that are not the right to use itself (formerly known as a water grant or 'merced') issued by the authority.

These entries pertain not to the right to use, but to the rights of a member within a user

What is a Contract?

A Contract is a basic pillar of the economy. Through it, the sharing and distribution of goods and services are made. The parties do so freely and voluntarily. It is an agreement of wills between two or more persons designed to create obligations between them.

Key Elements of a Contract

• Consent: Is the common wish of the parties.
• Purpose: The object or subject matter upon which the contract lies.
• Cause: Is the justification for the obligations of the parties to the contract. Without cause, there is no contract.

Types of Contracts

• Typical: Have legal regulation.
• Atypical: Without specific legal regulation.
• Unilateral: Only obligations for one party.
• Bilateral: Obligations for both parties.
• Onerous (Costly): Both parties seek a benefit.

Sociedad Limitada (SL): Limited Company Structure

SL Constitution Requirements

The statutes for a Sociedad Limitada (SL) must contain at least the following:

• Name of the Society: The official designation of the company.
• Purpose: A clear indication of the company's activities.
• Registered Office: The official address of the company.
• Share Capital: Details on how the capital is divided into shares, their nominal value, and their correlative numbering.
• Administration Organization: How the administration will be organized, under the terms established by law.
• Other Clauses: Any other special agreements that members deem fit to establish.

SL Corporate Bodies

The management and administration of the society are the responsibility of its corporate bodies. These... Continue reading "Limited vs. Public Limited Company Structures" »

Business Structures

Personalistic

• Sole Proprietorship: A natural person operates their own company through commercial, industrial, or professional activities.
• Members: 1
• Liability: Unlimited
• Capital: No minimum
• Formation: ID and voluntary registration in the Trade Register.

Kommanditgesellschaft (Limited Partnership)

• A personalist society where partners work collectively under unlimited joint liability.
• Members: 2
• Liability: Not illegal
• Formation: Deed, registration in the Commercial Register.

Collective Society (General Partnership)

• A society consisting of members with unlimited liability and limited partners with limited liability, participating in activities directed exclusively by commercial partners.
• Membership: 2
• Liability: Unlimited for collective