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

Enormous Lesion (Laesio Enormis)

This legal concept has a Roman origin, which initially supposed that only the seller could suffer damage. Modernly, it is estimated that it protects against enormous lesion in the form of commutative contracts (cttos); therefore, the injury may be suffered by both the buyer and the seller.

The seller suffers enormous lesion when the price received is less than half the fair price of the thing sold. The buyer suffers enormous lesion when the fair value of the thing they buy is less than half the price they pay for it.

Legal Status of Enormous Lesion

Enormous lesion is not a vice of consent, but rather a vice of limited application targeting certain specific legal acts. It is not a general vice; it is typically a... Continue reading "Enormous Lesion: Requirements and Effects in Sales Contracts" »

Individual Business: A business type with physical personality, meaning it can be classified as a persona. This includes sole proprietorships or individual enterprises and civil societies.

Employer or Individual Companies: An individual who operates in their own name and company, through a commercial, industrial, or professional activity. To do this, you must be an adult and have full availability of your own goods.

Private Civil Society: Based on a contract where two or more persons agree to pool money or goods for industry, with the desire to share profits. These are formed by more than one person and are considered individual companies because they lack a distinct legal personality. There are no limits on capital, and the trade name can be... Continue reading "Understanding Business Structures: Sole Proprietorship to Corporations" »

Case Study 5: Demarcation and Recovery Actions

1. Applicability of the Action of Surveying and Marking (Demarcation)

The action of demarcation requires two fundamental conditions for admission:

1. That there is confusion of boundaries between the adjoining properties, meaning there are no external signs of demarcation between the two farms.
2. That there is promiscuous possession of a strip of the border zone (the area where the land begins and ends).

In this scenario, there is no confusion of boundaries. The existing fence acts as an element of closure, signifying the separation of the neighboring farm. Altering the fence constitutes robbing the neighbor of the expropriated strip (usurpation). Since there has been an occupation of the neighboring estate... Continue reading "Legal Analysis of Property Demarcation and Recovery Actions" »

Evolution of Public Companies

In its first stage, public companies were characterized as being very similar to autonomous bodies.

After the Spanish Civil War and World War II, there was strong growth of public enterprises. At this time, they gradually started to act under private law.

In this second stage, public enterprises resembled corporate public entities.

In a third stage, the liberalization of public enterprises began, leading them to become stock companies.

Defining Public Companies and Legal Requirements

The definition of a public company in EU law depends solely on its duties.

Requirements for Public Company Status

The requirements to become a public company are:

1. They must be created by Public Administration (AA.PP) entities or other entities

Easements and Servitudes

Easements: An easement is a property right that benefits one property at the expense of another.

Types of Easements

• Legal
• Voluntary
• Continuous
• Discontinuous
• Apparent
• Not apparent
• Positive
• Negative

Acquisition Modes

You purchase modes: continuous with title (prescription), continuous without title, and discontinuous (with title).

Rights and Obligations

Rights and obligations: The dominant estate must perform conservation works so as not to make the servitude unduly burdensome. The servient estate must preserve the servitude and must not diminish it, although costs and obligations can vary depending on place and form.

Termination of Easements

Causes of termination include:

• Unity of ownership: when the servient and dominant estates become

Article 6: Jurisdiction of Chile

Article 6 states that Chile retains jurisdiction over crimes and offenses committed outside the territory of the Republic in the following circumstances:

1. Crimes by Diplomatic or Consular Agents

Those committed by a diplomatic agent or consul of the Republic, in the exercise of their functions.

2. Misappropriation, Fraud, and Related Offenses

The misappropriation of public funds, fraud, extortion, infidelity in the custody of documents, violation of secrets, and bribery committed by public officials, whether Chilean or foreign, in the service of the Republic.

3. Offenses Against Sovereignty or Security

Those that go against the sovereignty or external security of the state, committed by Chilean nationals (natural... Continue reading "Chilean Jurisdiction: Crimes and Offenses Abroad" »

Mendizábal's Disentailment (1836)

Objectives of the Secularization

• Reduce national debt, which had increased significantly due to the Carlist War.
• Create a new class of property owners interested in supporting the liberal political regime.
• Ensure poorly exploited lands were acquired by entrepreneurs to increase agricultural production.

Disentailed Goods (Ecclesiastical Confiscation)

The decree of 1836 mandated the abolition of religious orders of both sexes (the regular clergy). This measure, driven by progressive liberalism, dismantled the economic power of the Church.

Method of Sale and Payment

The sale of disentailed assets was conducted via public auction following an official appraisal. Two primary payment procedures were established:

• Public Debt:

Guardianship (Tutela) and Organizational Structures

The Defense Attorney (Defensor Judicial) is a person appointed by the judge in a timely manner to represent a minor or disabled person when a conflict of interest arises with their legal representatives.

Appointment of a Defense Attorney

A Defense Attorney is appointed:

• When a conflict of interest exists between minors or disabled persons and their legal representatives or parents, if the law does not provide another solution.
• In the event that the guardian or conservator is not performing their duties.

Custody of Fact (Guarda de Hecho)

Custody of Fact is the situation that exists when a person takes care of a minor or incompetent person without a formal legal representative appointment.

The Succession

Authority as a Necessary Condition

The authority of the State is more than a necessary tool of guardianship; it is the necessary condition for freedoms. Individuals are born into and are legitimized by the State as authentic situations and subjective individuals. This model dispenses with any reference to a natural law of individuals preceding the law imposed by states. There is no freedom nor any individual before the State, only the binding force and authoritative standards of the State capable of ordering society and establishing the subjective positions of individuals.

The Disappearance of the Distinction Between Societas and Pactum Subiectionis

In this model, the distinction between pactum societatis and pactum subiectionis disappears. A... Continue reading "State Model: Authority, Freedom, and Individual Liberties" »

Code of Commerce: A Systematized Set of Rules of Mercantile Law

The Code of Commerce is a systematized set of rules of law designed to regulate commercial activities, seeking to adapt to the needs and dynamics of economic relations.

Federal Tax Code: This code contains a computerized system establishing concepts and procedures for tax revenue and the relationship between the taxpayer and the Federation.

Income Tax Law (ISR): This law seeks to levy taxes on the income of individuals, such as employees and those who conduct business or professional activities.

Value Added Tax Law (VAT): This is a general-level law intended to tax activities such as the sale of goods, the provision of independent services, and the temporary use of property.

Accounting