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

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

Spanish Adverbial Propositions

A proposition is self-xqe adverbial: It can be replaced by a verb complement and serves as a circumstantial complement (CC).

A proper adverbial proposition cannot be replaced by an adverb. It complements the verb, but the entire main proposition indicates a condition.

Types of Adverbial Propositions

Adverbial Subordinate Propositions

Place: Marks the spot where the action expressed by the verb in the principal proposition occurs. Responds to Where? Can be replaced by an adverb of place and functions as a CCL (Complemento Circunstancial de Lugar).

Time: Indicates when the action expressed by the verb in the principal proposition occurs. Responds to When? It can be replaced by an adverb of time and functions as a CCT... Continue reading "Spanish Adverbial Propositions: A Comprehensive Overview" »

Key Business Terminology

Franchise

A contract between two parties, a professional or a company (the franchisor) and another company or professional (the franchisee), whereby the franchisor grants the franchisee the right to operate a business in exchange for economic compensation.

Royalty

A participation in income or a fixed amount a person pays to the owner of a right for the permission to exercise it.

Know-how (Expertise)

The method, form, and way to manage and run a business.

Procedures for Business Implementation

Individual Entrepreneur Procedures

• Registration with the IAE (Business Tax).
• Registration and option selection in the VAT census declaration prior to commencing activity.
• Choosing the Personal Income Tax (IRPF) regime.
• Registration of the

Criminal Procedural Law

This encompasses the rules governing the activities within a legal procedure or process.

Key Concepts

Contradictory: Occurs when there's an opposing party, and the judge determines who exercises the right.

Without Contradiction: A voluntary application before the judge without an opposing party.

Trinomial Proceedings: Involves the judge, plaintiff, and defendant.

Guiding Principles

• Equality: All parties are treated equally under the law.
• Concentration: Parties take steps to expedite the process and gather evidence efficiently.
• Judicial Economy: Focuses on efficiency to expedite the process.
• Disposition of the Parties: Parties can request documents to understand the process, which must be transparent.
• Matching of the Sentence: The

Ancient Greek Polis: Political Systems and Institutions

Birth of the Polis

Between the 8th and 6th centuries BC, in Hellas, people sought to live with equal rights within a community, leading to the emergence of the polis. The polis, also known as a city-state, possessed political and economic self-sufficiency within a limited territory. Major influential poleis included Athens, Sparta, Thebes, and Corinth.

Forms of Government in the Polis

Athens experienced various forms of government throughout its history:

• Aristocratic Oligarchy: Political power was held by a few aristocratic families who owned large estates.
• Tyranny: A form of government led by a single individual, often an aristocrat, who seized power through false promises or force.
• Democracy: