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

National Sovereignty and Constitutional Principles

Sovereignty

• Extensive and meticulous articles (384) on national sovereignty.
• The principle states: "Sovereignty resides essentially in the Nation."
• It belongs exclusively to the Nation to establish fundamental laws; the King and other organs are formed by it.

Division of Powers

This principle was applied rigidly, isolating powers:

• Legislature: The Cortes with the King.
• Executive: The King.
• Judicial: A court.

Representation in National Cortes

• Various strata are represented.
• The Nation is conceived as a set of individuals who are represented by deputies.
• Representation is not mandatory but truly representative.

Regime of Rights and Freedoms

• Protection of Rights:
  • Property protection.
  • Freedom of thought and printing.

The Political Evolution of the Franco Regime

Origins and Consolidation of Power

The Francoist regime, established in 1939 following the Spanish Civil War, maintained a dictatorship for 40 years. The country was deeply divided into two camps, with the losing side suffering severe repression. In its early years, the regime sought to consolidate power, with Francisco Franco serving as the Chief of State, Head of Government, and Generalissimo of the Armed Forces.

International Relations and Institutionalization

Following World War II, the regime attempted to improve its international image to escape isolation. Key developments included:

• 1942: Creation of the Cortes, presented as an organic democracy.
• 1945: Promulgation of the Fuero de los Españoles,

Spanish Democratic Board and Transition to Democracy

Its social and political character was developed by the Democratic Board, which was made up of leftists and created by the PCE. It was directed to the people and to the government, addressing Arias Navarro and proposing a democracy to ensure the liberties of the Spanish people during the political transition. Its goal was democracy and freedoms.

Nature of the Regime and Early Opposition

It created an organic democracy close to pseudo-democratic powers where the family, town and the union elected the representatives. It was pseudo-democratic because Franco's powers remained untouchable. Several pro-democracy Spanish representatives criticized the Franco regime in the Contubernio de Múnich. On

Political Reforms and Counter-Reforms

The subsequent government (often referred to as the Right-wing coalition) sought to halt many of the reforms initiated by the Left broadly:

• Agrarian Reform: Land was not returned, but expropriations were stopped.
• Educational Reform: Focused heavily on religious matters. While religious centers were not closed, maintenance of public centers was prioritized. There was a form of subsidy provided to religious employment centers.
• Labor Reform: The right to strike was curtailed (requiring permits). A decline in strikes was observed, coinciding with a slight economic recovery.
• Army Reform: The reform had placed military personnel in key positions, but confidence was lacking. The figure of Franco was recovered as a

Art. 23 of the 1978 Spanish Constitution and Political Participation

Political participation cannot be extrapolated beyond the authorities. Direct participation occurs in cases where citizens immediately take part in specific community decisions.

The referendum is a joint consultation of the electorate, where voters pronounce themselves in the affirmative, negative, or by casting a blank vote or abstaining. There are different types of referendums:

• Constituent: To approve a new constitution or amend an existing one.
• Legislative: The electorate manifests its will on a bill or law.
• Advisory: When the public is asked for their views on far-reaching policy.
• Autonomy: Related to the adoption of the Statute of Autonomy as per the Constitution.

Other institutions...

Legal Framework of the Public Limited Company (SA)

The Public Limited Company (Sociedad Anónima or SA) is regulated by:

• Royal Decree 1564/1989 of 22 December, approving the Revised Text of the SA Law.
• Law 27/1995 of 23 March, regarding the creation of transferable SA entities.

Company Definition and Capital

An SA is a company constituted by one or more partners (individuals or legal entities) who provide a minimum capital of €60,101.20, divided into shares. This structure is ideal for medium and large enterprises due to its flexible regulations.

Liability and Foundation

Members' liability is limited to the capital contributed. The foundation can be simultaneous or successive. Upon constitution, the capital must be fully subscribed, with at least...

The Role of Partner Personality in Business Entities

The personality of the partners is a crucial characteristic, as their direct involvement in management corresponds to their liability, making them key to the capital structure of the entity.

Collective Company Characteristics

A Collective Company is characterized by the following features:

• The minimum number of members required is two.
• All partners intervene in the management of the company, although partners may also provide only employment without intervening in management.
• The partners respond personally for debts incurred with third parties, often involving joint and several liability.
• There is no minimum capital required for establishment.
• This company is taxed by Corporation Tax.

Understanding

Liberalism

Liberalism is the basis of the bourgeois ideological revolution. It was originally a school of thought which subsequently led to a political, social, and economic alternative to the Old Regime. In practice, it is essentially characterized by the affirmation of individual freedom in politics, economics, thinking, science, and art.

Political Liberalism

The translation of political liberalism involves the application of the general principles of that school of thought to the organization of society and the state. It is based on the following principles:

• Sovereignty: It is not of divine origin; it emanates from the people. The king does not exercise it for himself but for the nation, which may delegate its exercise to the king, provided

Adoption of Municipal Ordinances and Regulations

The EC grants municipalities the power of self-regulation. Act 7/85 (LBRL) establishes the following procedure:

• Initial approval by the Plenary.
• Public information period: A minimum of 30 days for stakeholders to file claims and suggestions.
• Resolution of claims: Addressing details and final approval by the Plenary.

In cases where no claims are filed, the initial approval remains definitive. According to the provisions of LBRL 7/85, note the following rules:

• The Plenary is responsible for approving the Organic Regulation of municipalities.
• The Mayor approves municipal ordinances and edicts.
• Ordinances are adopted by a simple majority of members present, provided the Plenary meets with at least 1/3 of

The Criminal Trial: Proof and Judgment

Proof is the core activity in the criminal trial process, upon which the court founds its justification and decides the case. Initially, one can only speak of holding a party's claims; however, this alone is insufficient to support the final decision. Verification activity within the process is necessary.

Therefore, we must consider the evidence only after all research activity conducted during the instruction phase by the judge has been completed. The trial is not merely for research but for judgment, and the judging authority must always be a different subject from the one who conducted the initial investigation.

Evidence Presentation and Appreciation

Evidence is only practiced before the judge, who must...