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

Historical Evolution of the State

The modern state arose in the fifteenth century. Its development can be categorized into several stages:

• Absolutist state: Political power is concentrated in the person of the king, exercised absolutely.
• Liberal state: Characterized by the prevalence of the Constitution and the defense of individual rights, including life, liberty, security, and property.
• Democratic state: Defined by equal legal, juridical, and political rights for all citizens, including the equality of the vote.
• Social and Democratic state: This model requests the intervention of the state to create wealth and distribute it evenly throughout society.

Types of State

According to the Form of Government

1. Presidential states: The state has a paramount

Human Rights History

Though some background on the first texts (Bills of Rights) exists, such as the 1689 English Bill of Rights, which lists several human rights, it is in the eighteenth century that precedents of human rights declarations appear:

1. Virginia Declaration of Rights (USA, 1776)

   Arising in the context of the War of Independence against England, it covers the rights of citizens, although it excluded slaves and foreigners. This declaration served as a draft for the U.S. Declaration of Independence (1776).

2. Declaration of the Rights of Man and Citizen (France, 1789)

   Adopted by the National Constituent Assembly, it recognizes equal rights for all human beings, representing a significant advance compared to the Virginia Declaration. It is

Introduction to the National Executive

Item 2

The national executive par excellence is the Government. This is true for two primary reasons:

• First: It is a constant body that never ceases its activity at any time, both domestically and internationally.
• Second: The Government is subject not only to the Constitution and laws but can also make policy decisions above the law. This refers to political program options that are not subject to judicial review or merely dependent on the execution of a legal rule.

Title IV of the Spanish Constitution

Title IV of the Spanish Constitution is titled "Of the Government and the Administration," which implies a close relationship between both institutions. This includes the direction of domestic and foreign policy,... Continue reading "Spanish Government and Public Administration Functions" »

Chapter 4: The Current Constitution

The constitutions proposed today represent a political model essentially different from the 19th-century liberal past. These constitutions have reaffirmed the principle of popular sovereignty against the nineteenth-century tradition that favored state sovereignty. They have taken up the revolutionary tradition of the Declaration of Rights, expanding its scope to social rights, which, though only fleetingly relevant, had been asserted during the French Revolution.

Constitutional Control and Supremacy

Rigid constitutions are protected by special review procedures and reinforced by a steady spread of constitutional control. This control is organized differently than the American diffuse model but remains active... Continue reading "Modern Constitutionalism and the Rule of Law" »

Family Law and Kinship

Family law governs relationships, marriages, partnerships and affiliated kinship and family relationship concerns. It can be established by blood or by affinity.

Kinship may be lineal (direct) or collateral (indirect). Collateral kinship links individuals who share a common parentage. Degrees of kinship are measured between relatives. For some relationships there is a first degree. For legal effects, kinship is relevant for inheritance and maintenance (support).

Maintenance
Maintenance refers to obligations of support among relatives. It covers the economic obligation to provide food and support when required. Maintenance obligations can arise between direct line relatives and, in certain cases, among siblings.

Marriage:

Understanding Social Disparities

Gaps: Absence of Resources

Gaps refer to the absence of capacities or resources generally considered necessary to fully develop a person's human potential.

Peculiarities: Distinguishing Characteristics

Peculiarities are the characteristics of certain individuals or groups who are perceived by the rest of society as distinct.

Indifference: Lack of Compassion

Indifference is the attitude of a lack of interest and compassion that leads us to worry more about the situation and problems of others.

Xenophobia: Fear of Strangers

Xenophobia, from the Greek, signifies the fear of the stranger or foreigner. It applies to attitudes and hate towards foreign people.

Attitudes: Positive or Negative Dispositions

Attitudes are positive... Continue reading "Understanding Social Gaps, Discrimination, and Equality" »

Article 367. Special Cases for Food Requirements

The food requirement is also appropriate when:

• a) The identity is established indirectly through a binding decision rendered by a judicial authority;
• b) The identity is confirmed by an explicit, written statement from the respective parent or a formal confession in an authentic document;
• c) According to the judge hearing the application, the subsidiary can link a set of circumstances and evidence which, taken together, constitute sufficient, accurate, and consistent proof.

Article 368. Mandated Subsidiary Obligations

If the father or mother has died, lacks economic means, or is disabled, the food requirement falls upon the older siblings of the child or adolescent in order of proximity, followed by... Continue reading "Legal Framework for Child Support and Maintenance Obligations" »

Labor Corporations: SAL and SLL

Sociedad Anónima Laboral / Sociedad Limitada Laboral

Members: Three or more. No partner may hold more than one-third of the share capital (KS). There must be at least two workers. If one partner is a public entity, it may own up to 49% of the KS. [for two]

Responsibility: Same for both types of companies.

Disputes and Transfer of Capital

DISPUTES: Regarding transfer of share capital (transfer of shares in S.L. or of stocks/shares in S.A.), there is an order of preference:

1. Permanent workers (first place)
2. Labor partners
3. Donors
4. Workers without an indefinite contract

Common Requirements

It is required to constitute a special reserve fund equal to 10% of profits.

Business Name, Taxes and Constitution

Business name: The business... Continue reading "Labor Corporations, Social Interest Societies & Cooperatives" »

Typical Behavior: Disclosing Secrets

This involves revealing the secrets of another person, such as a patient, their relatives, or friends, even after the professional relationship has ended, or the person is deceased.

Privacy Law and Constitutional Rights

Constitution

The right to honor, personal and family privacy, and image.

General Health Law

The confidentiality of all information related to health.

Basic Law Regulating Patient Autonomy

Right to privacy: Everyone has the right to respect the confidential health data. No one can access information without proper authorization.

Information Requirements and Patient Care

Verbal care incorporates the risks and consequences of each intervention. Information must be truthful, understandable, and suitable... Continue reading "Patient Confidentiality and Healthcare Data: Legal Framework" »

Class Standing

• Ad procesum: Procedural standing.
• Ad causam: Standing regarding the cause of action.
  • Activa: Eligibility for the applicant.
  • Passive: Standing to be sued.
• Regular: Exercised by the owner of the right in the process.
  • Direct: Held from the beginning.
  • Indirect: Received from a third party.
• Special:
  • Representative: Exercise of a right in the interest of others.
  • Substitute: Exercise of others' rights in one's own interest.
  • Direct (1522 CC): Direct legal standing.

Methods of Litis Consortium

• Temporal Classification:
  • Native: Takes place from the beginning of the process.
  • Occurred: Occurs after the process has started.
• Structural Classification:
  • Active: Multiple applicants.
  • Passive: Multiple defendants.
  • Mixed: Multiple individuals on both sides.
• Voluntary