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

Comparison Between a SL and a SA

Basically, the main differences between these corporate forms are related to (a) equity required, (b) equity transferability, and (c) formalities.

1. Equity Required

• Sociedad Anónima: Minimum share capital is 60,000.00 Euros, and at least 25% shall be paid-up upon incorporation. The shares can be subscribed along a term set out by the incorporating-shareholders.
• Sociedad Limitada: Minimum capital, divided into participaciones, is 3,000.00 Euros, which must be fully subscribed and paid-up upon incorporation. Participaciones of an SL may have disproportionate voting and economic rights. It is admissible that one participación has a plurality of votes.

2. Equity Transferability

• Sociedad Anónima: The equity is essentially

Essential Characteristics

1. Incorporation

   The rights are tied to the writing. The instrument contains a right given by the document. Possession of the writing evidences the right.

2. Legitimation

   The person holding the instrument has the power to demand payment of the credit within.

3. Accuracy

   The terms of the instrument cannot be modified or amended from the moment of its creation.

4. What is accurately written in the text of the instrument becomes the right.

5. Autonomy

   The instrument is born when it is drafted and negotiated by its original maker.

   1. There is a personal relationship between the maker and the first holder. This repeats as it transfers from one hand to another.

   2. The instrument becomes more abstract, autonomous and independent from the reasons it was

Mistakes in Procedendo and In Iudicando

In procedendo (mistakes committed before the judgement): when upholding an appeal, the Court finds a mistake before the First Instance judgement. The judgement upholding the appeal will order the case to be referred back to the Court of First Instance at the point where the mistake/procedural infringement occurred.

In iudicando (mistakes done when adjudicating): if the Court finds that the mistake was committed at the First Instance, it will rule on the matter of the case for a second time and substitute the judgement given by the First Instance Court.

The Court shall rule on the merits of the case.

Judgements Subject to Appeal in Cassation

There are strict limitations on what proceedings can be subject to...

Bureaucratic Inefficiency

Bureaucratic inefficiency might be desirable in that it might help protect our liberties.

Aid to Families with Dependent Children

The Aid to Families with Dependent Children program decreased in popularity as the public began to believe that it was encouraging out-of-wedlock births.

Defense Program

As Gallup Poll data shows, a majority of Americans believe that our defense program is"about righ" or"not strong enough"

Interstate Commerce Commission

The creation of the Interstate Commerce Commission (ICC) led to the federal government supervising railroad activities.

Congressional Terminology

a. Rider

An additional provision added to a bill or other measure under consideration by a legislature.

b. Cloture Rule

The only formal procedure...

The Officer of Watch and Ship Safety

The officer of watch is the Master's representative and his primary responsibility is, at all times, the safety of the ship. He is responsible for ensuring that the planned passage is properly carried out during his watch. He must at all times comply with the International Regulation for Preventing Collisions at Sea, 1972, Master's standing orders, and Master's bridge order book.

Maintenance of Watch and Look-out

The officer of watch is responsible for the maintenance of a continuous and alert watch and look-out. Under no circumstances should he leave the bridge until being properly relieved.

Responsibilities of the Master

The Master is responsible for the safe navigation of the ship and ensuring that all watch-...

What is the Certificate of Origin?

It certifies the product origin on their raw material. It's useful to obtain international trade agreement benefits in the country of destination.

Purpose of the Economic Inconvenience Clause

Summarizes the operation of export or import, specifying the costs incurred and the time it takes to occur.

Why Aren't 100% Risky Events Insured?

There isn't 100% risky events insured because an insurer doesn't want to pay for an insurance knowing that the risk is very high. The buyer of the cargo is responsible for buying or transporting the merchandise taking into account the risks not covered by the insurer.

Three Important Functions Covered by the Incoterms

Determine the moment of risk transference between seller and buyer,...

Satirical subgeneres:

Formal verse satire (dialogue with “adversarius”, or restrainer, like Arbuthnot) [problem of unity and method]. Traditional form from Greece and Rome with a polish attack on a vice. The interlocutor is an instrument for balancing the attitude of the satirist. However, it is very limited; these are just short poems on different human vices.

Menippean

(mixed) [Anatomy (Frye): ideas] [other genre problems: mode, genre or borrower of forms / humour- comic / comedy / parody / mock-heroic]. It is a more fashionable kind of genre without definite form. You adapt to any other existing genre or to non-genre in particular. It can be found anywhere: poem, novel, epic… It uses a double attack: against vices and against conventions...

The Shah Bano Case: A Landmark Indian Divorce Controversy

The Shah Bano case (1985 AIR 945, 1985 SCC (2) 556) was a controversial divorce lawsuit in India. Shah Bano, a 62-year-old Muslim woman and mother of five from Indore, Madhya Pradesh, was divorced by her husband in 1978 and subsequently denied alimony. This case sparked considerable debate about the application of different civil codes for different religions, particularly for Muslims in India.

The case led the Rajiv Gandhi government to pass the Muslim Women (Protection of Rights on Divorce) Act, 1986. This act diluted the Supreme Court's secular judgment and effectively denied destitute Muslim divorcees the right to alimony from their former husbands. The Shah Bano case generated significant...

**Bylaws: The Operating Rules of a Company**

**Company Name**

When choosing a company name, you must consider the following:

• **Subjective Denomination:** If the name includes a person's name, you must obtain their permission.
• **Objective Denomination:** This refers to a specific activity. The activity must be officially included in the articles of association.
• **Trade Name:** This does not refer to a subject or an object.
• *The name cannot be the same as any previously registered name.*

**Purpose**

The purpose is the activity or activities that the company will perform. It must be legal, possible, and certain.

**Registered Office**

The registered office is the official address of the company's headquarters. It can also be the location of the primary place...