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

Procedure for Access to Autonomy

Via general Art. CE 143.2: Simple model. The initiative with the provincial councils. 2/3 of the municipalities whose population represents at least a majority of the electorate of each province or island.

Special Via / rapid Art. 151 CE: Complex model. Also, the county councils. It takes 3/4 of the municipalities in each of the provinces representing at least a majority of the electorate of each one. It also has to be approved by referendum with the absolute majority of voters in each province.

Alternative Exceptional Initiatives

There are also three specific initiatives (other than the conventional two):

• Second Transitional Provision: For territories that had approved by referendum before a statute of autonomy

Commercial Documents

Bills of Exchange

Taxable Event: Refers to bills and documents that comply with a swivel function, i.e., remittance or money order.

Taxpayers: The drawer and others who draft documents issued.

Tax Base: Is rotated and takes the amount of the quota on a fixed scale.

Safeguards and Certificates of Deposit

Taxable Event: Issue or transfer of receipts or certificates of deposit.

Contributor: The issuer.

Tax Base: The nominal amount to determine the share, using the same fixed scale as for bills of exchange.

Form: Using a mobile ring (stamped paper can be purchased at newsstands). A receipt or certificate of deposit is a security issued individually and to the order. It concerns a bank deposit of a minimum amount, which is transferable...

Bribery: Definition, Nature, and Types

1. Concept

Bribery can be defined as soliciting or receiving a benefit for oneself or a third party, gifts, presents, or offers made by an authority, public officer, juror, arbitrator, expert, or any other person involved in the exercise of public functions, with the aim of inducing a wrongful act in the exercise of their office. This act may or may not be a crime and may not even be legally prohibited.

2. Nature

There is discussion in legal doctrine about whether bribery is a bilateral crime or two separate offenses. In this sense, Luzón Cuesta states that although case law has sometimes considered it a crime of bilateral nature (STS 19 September 1986), requiring a pactum sceleris between the two persons...

Defendant's Attitudes Towards a Legal Claim

Options for Responding to a Claim

• No Answer (Default/Rebellion).
• Mere Appearance with a lawyer or solicitor.
• Answer (Formal Response):
  • Admission/Acceptance: Supports the claim, leading to the end of the process regarding that claim.
  • Opposition: Contesting the claim.
  • Counterclaim: Opposing the original claims and filing a counter-suit.

The Procedural Act of Answering

The Answer is a procedural act performed by the defendant, formally responding to the applicant's claim. It involves providing procedural documents concerning the substance of the dispute and determining the defendant's desired outcome.

Opposition to the Claim

Opposition involves the defendant challenging the plaintiff's demand. This can include:...

The Habit (Custom): Concept and Characteristics

Concept of Custom

In the list of sources of law, custom follows law. The fundamental difference between the two lies in their source of origin. Law originates from the political organization society establishes to develop guidelines or standards of living. Custom, conversely, originates from society itself, unorganized, and through the observation of repeated behavior, it becomes compulsory.

Elements of Custom:

• Material Element: Repetition of a behavior.
• Spiritual Element: The conviction that the behavior is obligatory (opinio juris sive necessitatis).

Characteristics of Custom

Custom is an alternative source of law, leading to two main consequences:

1. Customary law is applied only when there is no specific

The Standard of the CCAA

The rules of the Autonomous Communities (CCAA) are of equal rank to those of the state but do not interfere with each other. This is because the CCAA can only make rules on issues included in those powers which have been transferred or included in their statutes of autonomy. In case of conflict, state rules prevail over those of the CCAA. There are certain issues that CCAA cannot regulate, such as the army or ports.

Standards of Local Authorities

The provisions of local authorities (municipalities) are called ordinances, regulations, and sides. They are bound by the principle of hierarchy.

The Publicity of the Rules

For a law to be valid, the Constitution provides that the King must sign (sanction) and proclaim it as such...

State's Fiscal Roles and Legal Relations

Within the legal relations of the State, classified as Fisco Owner (Fiscal Owner), the State can acquire goods through various origins. These origins include:

1. By Law: As stated in the Civil Code, lands without owners revert to the State.
2. Free of Charge: By gift or inheritance, as referred to in Article 965 of the Civil Code, which states that in the absence of heirs, property shall revert to the State.
3. For Value: Through assets purchased by the Treasury for specific properties, or through swaps.
4. Through Income Concepts: Via asset leasing, concessions, sale of goods, customs duties, and auctions.

Fisco Creditor (Fiscal Creditor) describes a legal relationship where the State can demand payment, either in kind...

Item 1: Employment Relationship

Conditions of Employment:

• Personal: Work carried out by the individual.
• Volunteer: Work done voluntarily.
• Employed: Work done under the employer's direction.
• Employment: Workers get paid for their work.
• Dependent: Subject to the employer's rules and obligations.

Failure to meet one of these conditions means it is not an employment relationship.

Relationships Not Considered Employment:

• Public officials (working for the state or autonomous region).
• Mandatory personal benefits.
• Work done out of friendship (helping a neighbor with a move).
• Family work (working with your father without receiving remuneration).
• Self-employment.
• Commercial agents.

Special Industrial Relations:

• Household services, athletes, entertainers, individuals

Fundamental Principles of Bolivarian Thought

Freedom: Freedom is the main principle guiding the political life of Bolívar. Freedom means independence; it means breaking with dominance and is inherent in the condition of being able to express feelings without ties. Bolívar distinguishes two types of liberty:

• Civil Liberty: Bolívar calls this true freedom.
• Political Freedom: Based on the principle that nothing is more important for a citizen than the election of their officers.

Equality: Bolívar thought of political and social equality identified as effective and produced by the law, where there were no privileges. This was based on the following thought: "Nature makes all men unequal in genius, strength, temperament, and character; the law corrects...