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

Division of Law

There are two main groups: public law and private law, further subdivided into different branches:

Public Law

Public law regulates the activity of the state and public affairs, including their relationships when acting in an official capacity with the public. It is divided into:

• Administrative Law: Contains the rules governing the activities and operation of the State and bodies for political execution.
• Other Branches: Public international law, criminal law, tax law, procedural law, Community law, and labor law.

Private Law

Private law governs relations between individuals. It is divided into:

• Employment law
• Private international law
• Civil law
• Commercial law

Sources of Law

Sources of law refer to the origins and manifestations of legal rules.... Continue reading "Public and Private Law: Sources, Divisions, and Powers" »

Understanding the Commission Contract

Commission Contract Fundamentals

A commission contract is a mandate by which the agent (often referred to as the "commission agent" or "broker") undertakes to perform or participate in a commercial contract or act on behalf of another person (the "principal"). This contract is purely commercial and emerges as a means of collaboration between parties, based on mutual trust. In this arrangement, the agent will always act for the account of the principal, but may perform their function either in their own name or on behalf of the client.

Acting in one's own name constitutes indirect representation, because, against a third party, the agent is not directly representing the principal. However, when acting on behalf... Continue reading "Commission Contract Essentials: Agent & Principal Responsibilities" »

The Crown in Spain

1. The Parliamentary Monarchy as a State Policy

The parliamentary monarchy is the established policy of the Spanish State. According to the Constitution of 1812, the Government of the Spanish Nation is a hereditary monarchy. The Monarchy is an integral part of the internal constitution of Spain.

In a parliamentary monarchy, the King is separate from the governmental function, and the responsibility of Government lies with the Parliament.

2. The Functions of the King

Article 56.1 of the Spanish Constitution is the foundational article regarding the King's role.

The King's functions include:

• Head of State: This constitutional role requires autonomous material function. In exercising this, the King cannot be subordinated to any other

Understanding Commercial Endorsements

An endorsement is a commercial act (acto cambiario) by which a person transfers or assumes some of the obligations represented in a credit title (commercial paper).

Endorsement After Protest (Posthumous Endorsement)

Does an endorsement made after the protest for non-payment have the legal effect of a commercial act?

False. After the protest for non-payment, this endorsement is not considered a commercial act (acto cambiario). Instead, it functions merely as an act of civil assignment of credit.

Proper vs. Improper Endorsements

Improper Endorsements (such as an endorsement for collection or agency endorsement) do not transfer the ownership of the credit title but only transfer mere possession. If the document... Continue reading "Commercial Paper: Endorsement, Aval, and Debtor Liability" »

Definition

Dismissal is a court decision indicating insufficient grounds to proceed with a trial, thus avoiding unnecessary proceedings. It can occur at the intermediate stage or during the opening phase, leading to either termination or suspension of the process.

Types of Dismissal

Free Dismissal (Art. 637 LECrim)

This court order is issued when there's no possibility of charges, resulting in premature and final termination with res judicata effect. Reasons include:

• No reasonable suspicion of the accused committing the crime.
• The act isn't a criminal offense (leading to a procedural change, not termination).
• Defendants are immune from liability (due to non-participation or exemption under Art. 20 CP).

Provisional Dismissal (Art. 641 LECrim)

Issued... Continue reading "Dismissal in Spanish Criminal Proceedings" »

Answer to Complaint

I, Ismael Cordova Conde, by my own right, designating as my address for receiving notifications House West Fourth Street 345, this city, respectfully appear before you to state:

Being within the prescribed period, I hereby answer the complaint filed against me as follows:

• I deny the plaintiff's right to demand the dissolution of the marriage bond that unites us.
• I deny the plaintiff's right to demand payment of the expenses and costs of this lawsuit.

I base this response on the facts and legal grounds detailed below:

Facts of the Case

1. It is true that the plaintiff and the undersigned were married on the date specified by the applicant, under the regime of conjugal partnership.
2. It is true that the matrimonial home is located at

Essential Requirements of a Bill of Exchange

Natural Requirements for a Valid Draft

• Signature of the Drawer: The document must include the signature of the drawer.
• Indication of Maturity (Due Date): This specifies when the payment is due.
  • A fixed date: A specific, determined date.
  • In a period from the date: Example: 3 months from the date of issuance. Time is required to compute the date of payment.
  • Due to view (Sight Draft): The letter is due upon its presentation to the drawee (usually within 1 year).
  • At a longer period after sight: Time calculated from the date of submission of the letter for acceptance.

  If you do not specify a deadline, the draft is considered payable "at sight."

• Place of Payment:
  • If the place of payment is not specified, the location

Bodies of the Spanish SA

1. The Annual General Meeting (AGM)

This is the body that makes decisions for the company. Agencies implement decisions taken by the Board general.

1. Definition

A Partner Meeting duly convened to deliberate and pass resolutions on matters within its competence.

Features:

• You can change the statutes, but until then, we must respect them.
• Cannot make decisions contrary to law.
• Must respect the individual rights of members and the principle of equal treatment among them.
• It is a necessary organ and cannot be missing in any SA.
• It is a sovereign body; its decisions are binding on all shareholders (or partners).

Requirements for the Meeting:

1. It must be convened (the Board).
2. Agreements must be adopted by the majority (not unanimously)

Unit 6: Commercial Companies

Concept of Commercial Companies

According to Manuel García Rendón, a commercial company is a group of persons (permanent or temporary, voluntary or mandatory) which is organized to provide goods or services for the realization of a common purpose, and to which the law confers or denies legal status.

Budget for its Establishment

• Human: Partners who act directly or through other entities.
• Heritage: Broad considerations regarding capital to be made.

Principles and Specific Notes

Specific notes for these societies include:

• Equality between partners.
• The rights of all members.
• Obligations of partners.

Social Contributions

The contributions of the members go toward building social capital.

Common Goal

The activity or set of activities... Continue reading "Legal Framework of Commercial Companies and Illegal Societies" »

Marriage and Alimony

Characteristics of Maintenance Obligation

The maintenance obligation is characterized by personality, limitations, reciprocity, relativity, variability, and absence of solidarity.

Types of Maintenance

Civil or Broad Maintenance: Due to spouse and direct relatives. It includes necessities like food, shelter, clothing, medical care, and education for minors and those who haven't completed their training.

Natural or Strict Maintenance: Due to siblings, covering basic necessities for life.

Article 148.3 of the Civil Code

This article doesn't regulate food allowance but empowers courts to order interim measures ensuring the effectiveness of existing alimony provisions.

Burdens of Marriage

Spouses contribute to the burdens of marriage... Continue reading "Marriage and Alimony in Civil Law" »