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

Locke's Political Philosophy

State of Nature

The state of nature is the condition in which humanity existed before forming societies and establishing collective ties.

War and Peace

In the state of nature, there are no judges or positive laws to regulate behavior. Instead, natural law governs human conduct. Peace exists when force is not used without right, while war is a state of enmity and destruction. War can occur in both the state of nature and civil society, but it is not a necessity.

Natural Law

Natural law consists of certain rules of nature that govern human behavior and can be discovered through reason. Individuals are free to make rational decisions, and reason provides moral autonomy, making them independent of ecclesiastical authority....

Modernization of the Spanish Army

The Republican government was convinced that the army required a profound transformation. This prompted a reform aimed at creating a professional and democratic military. The Retirement of Officers Act (1931) required all serving officers to pledge their commitment to the Republic, while offering them the opportunity to retire with full pay. Subsequently, the government created the Assault Guards, a public force loyal to the Republic. While welcomed by some, these reforms were viewed by others—particularly the 'Africanists'—as an assault on military tradition and power.

Agrarian Reform: Transforming Agriculture

The reform of agriculture was the most significant project undertaken by the Republic, intended...

1. The Return of the Bourbons

Following the Coup of Pavia, General Serrano served as dictator. To prepare for the return of Alfonso XII, Martínez Campos stepped forward and proclaimed him as the ruler. The King arrived on January 9, 1875, with three primary government objectives:

• Adapt the system to eliminate the political measures of the Sexenio.
• Develop new policies.
• Pacify the environment by ending the Carlist War and the insurrection in Cuba.

Cánovas was ratified in the government by the King and took the following steps:

• Substitution of officials related to the previous regime.
• Closure of most Democratic and Republican newspapers.
• Maintenance of order at all costs.
• Implementation of procedures to judge corporate crime.
• Removal of civil marriage

Understanding Universal Suffrage

Universal suffrage refers to the exercise of the right to vote. Historically, voting methods have varied:

• Census Suffrage: A formula that restricts voting rights only to citizens who meet specific income and asset requirements and contribute taxes.
• Universal Suffrage: Grants the right to vote to all citizens, subject only to age and nationality requirements.

This method of voting, strongly advocated by democratic liberalism, was first exercised in Spain during the Constituent Assembly elections in 1869, though it was initially limited to men over 25 years of age.

Defining the Constitution

A Constitution is the fundamental law governing the organization of a state. It establishes the rights and obligations of citizens,...

Limited Liability Company (LLC)

Features

An LLC may be formed by one or more partners.

The social capital cannot be less than €3,005 and must be fully paid at the time of constitution.

• Liability: The liability of the members is limited to their contributions of money, property, or rights.
• Name: The company name ends with SL.

Government Bodies

• The General Board: This is the governing body of the LLC and is represented by all partners. Its function is to monitor management and approve the annual accounts, as well as appoint directors.
• Administrators: These may be partners or not and are responsible for managing the company and executing the decisions of the general meeting.

The rights of partners involve the sharing of profits and assets of the company....

Invoices serve as proof of operations recorded in these books, specifically for travel bills.

Admissibility of Re-inspection for 2008 Income Tax

Yes, it is admissible. LGT Article 140.1 states that: "Given a resolution in a limited verification procedure, the tax authorities may not make a new adjustment in relation to the object referred to in paragraph 2 of the preceding article unless a limited verification or inspection procedure is initiated after new facts or circumstances arise from actions other than those made and specified in that resolution."

This article therefore implies that it is possible to initiate a procedure to inspect income tax for 2008, but a new adjustment can only be made if new facts or circumstances emerge.

Procedure Length

Core Principles of Employment Contracts

Employee Characteristics

Employees should generally be over 16 years of age. Individuals under 16 may only be employed as apprentices under specific conditions.

Purpose of Employment Contracts

The primary purposes of an employment contract are to:

• Protect the health and life of the employee.
• Demonstrate that the employee can maintain a lifestyle consistent with their salary.
• Ensure a standard of living compatible with human dignity.

Contract Validity and Effects

Invalidity (Article 9)

An employment contract is considered invalid if there is evidence of fraud, distortion of its terms, or hidden objectives that could ultimately lead to the contract's termination.

Legal Effects of Invalidity

• Erga Omnes: The invalidity

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

The Drafting of the Spanish Constitution

The fundamental task of the new Cortes was drafting the constitution. In the process of establishing a constitutional government, Adolfo Suárez faced the economic crisis (the 1973 oil crisis). In July 1977, the second government of Adolfo Suárez was constituted, initiating the autonomy process, negotiations with the EEC, economic reform (the Moncloa Pacts), and the drafting of a constitution.

The wording of this document resulted from an agreement between different political parties. A committee of seven people, known as the "Fathers of the Constitution," was responsible for developing a draft. Although there were discrepancies, the commission reached an agreement, and the text was approved in the bicameral...