Notes, summaries, assignments, exams, and exercises for Law for Baccalaureate

Manner and Form Requirements

Trethawon - The Privy Council upheld the manner and form of restriction on the Australian legislature. Even though it can be distinguished on the basis that, at the time, Australia had a colonial legislature as compared to New Zealand's sovereign Parliament.

Westco (HC) - Manner and form requirements can be applied (Obiter). At [93], McGechan J said, “While the point does not arise directly in this case, which is not a “manner and form” case but is a “content” case, I see no reason why the Court could not intervene in cases of non-compliance with the mandatory manner and form requirements as to passage of legislation at some suitable point before enactment.” If the content of the legislation offends, the...

The Spanish Constitution of 1876

The Constitution of 1876 established a framework where sovereignty was shared between the King and the Cortes. It featured a significant extension in the proclamation of individual and collective rights, which were to be developed in subsequent legislation.

Key Legislative and Executive Features

• Legislative Power: Resided in the Cortes and the King. The Cortes were bicameral, consisting of a Senate (composed of royal appointees or members elected by corporations and major contributors) and an elected Congress.
• Executive Power: Vested in the Crown, which chose the ministers; these ministers were held accountable to the Cortes.
• Local Governance: Local councils remained dependent on the central government.
• Religious

The Mendizábal Confiscation: Secularizing Church Property

The Mendizábal secularization targeted church property, primarily from religious orders. This policy aligned with liberal anti-clericalism and was chosen for its lower political cost, as it avoided direct conflict with major political groups. When Mendizábal arrived from London to preside over the government in 1835, his primary concern was securing the throne for Elizabeth II by winning the Carlist War, which required reducing the national public debt.

Key Provisions of the Decree

• Suppression of religious orders: Dissolution of monastic institutions.
• Sale of nationalized goods: The decree aimed to create an abundant class of property owners, establishing public credit modeled after the

Customs: It is an agency of a national service provider whose activities are intended to achieve control over national territory regarding foreign goods, national or nationalism, made according to legal regulations.

Importance of Customs

Customs serves a dual purpose:

1. Commensurate resources to the Treasury (finance ministry).
2. Monitor and protect the existing relationship with the laws applying to foreign trade.

Customs Administration

This action aims to facilitate and control entry and exit in the national territory of goods, to international traffic and transportation, and to implement the legal regime to which any merchandise is subjected, as well as professional supervision of real estate interests and fiscal control.

Authorities

The organization...

Commentary on Article 6 of the Organic Law of the State (1967)

This document, a primary legal and political source, represents one of the fundamental laws of the Franco dictatorship in Spain. Authored by the Spanish government, it exemplifies the legal framework of the regime. The Franco regime, a conservative military dictatorship, ended with Franco's death. Despite its illiberal and undemocratic nature, the dictatorship aimed to establish a set of basic laws. These included the Labour Law (drafted during the Civil War), the National Development Law, and other legislation outlining Franco's principles. However, the legal apparatus remained incomplete, requiring court appearances to clarify legal interpretations.

Purpose and Context of the Organic

Foundations of Spanish Legal Tradition

The *Ius Commune*

The *ius commune* (common law) in Europe, particularly in Western European countries, changed national laws. Justinian's compilation of manuscripts (Italy) was compiled with cause for interest among *studiosi*. These are precepts of *ius canonicum* / *ius feudale* for practical use.

Formation of the *Ius Commune*

• *Ius Canon* and *Ius Roman* (Digest): The Bologna School studied these texts. Notable figures include Imerius (disaggregated - the gloss is clear precepts), Azzo (stresses), and Summa Codicis.
• *Ius Canonicum*: Doctrinal development from the Gregorian Reform (Gregory VII). Gratian's "Decretum" contains various sources and commentary on *ius canonicum*.
• *Ius Feudale*: Got - Libri Feudorum

Contracts

Informal

Concessive Subordinate Clauses

Subordinate adverbial concessive clauses express an objection or difficulty to the action of the verb in the main clause, but do not prevent its fulfillment. They are introduced by conjunctions and conjunctive phrases such as *even though*, *although*, etc. These clauses may have fixed structures like *whatever*, *whatever I say*, *whatever I do*.

Verb Forms

A subordinate concessive clause can be constructed with the verb in the indicative or subjunctive mood.

Features

• Complement of Circumstance (CC): The subordinate adverbial concessive clause indicates a difficulty in fulfilling the predicate expressed by the main clause.
• Complement of the Sentence (CO): It expresses an objection to the statement in the main clause.

Spanish Employment Law

Contract Termination

Termination of Contract

There are several reasons for the termination of an employment contract. Besides death and mutual agreement, termination is typically initiated by either the employer or the employee. Legal rules exist to protect workers from unjustified dismissal.

Disciplinary Dismissal

Disciplinary dismissal is the most severe sanction an employer can impose for serious employee misconduct. This includes:

1. Very serious breach of contract, fundamentally violating the employer's rights.
2. Intentional or negligent, unjustified breach of contract.

Employee-Initiated Termination

In justified employee-initiated termination (constructive dismissal), the employee must file a lawsuit with a labor court, explaining...

NOTE LESSON 05: PROPERTY

1. Concept

Property (derived from proprius, which belongs to one person) is the right that an individual or company has to use, enjoy, dispose of, or recover something from whoever owns or holds it (Article 1228, caput, Civil Code). This represents the most complete set of legal rights and the central right concerning things.

2. The Social Function of Property

The current Civil Code, Article 1228, § 1, reaffirms the social function of property as established in Article 5, XXIII of the Constitution and the City Statute (Law 10257/01).

2.1. Socio-Environmental Function

In fact, the Civil Code goes further, extending the social function of property to its socio-environmental function, providing for the protection of flora,...