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

Public and Private Law: Sources, Divisions, and Powers of the State

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Division of Law

There are two main groups: public law and private law, further subdivided into different branches:

Public Law

Public law regulates the activity of the state and public affairs, including their relationships when acting in an official capacity with the public. It is divided into:

  • Administrative Law: Contains the rules governing the activities and operation of the State and bodies for political execution.
  • Other Branches: Public international law, criminal law, tax law, procedural law, Community law, and labor law.

Private Law

Private law governs relations between individuals. It is divided into:

  • Employment law
  • Private international law
  • Civil law
  • Commercial law

Sources of Law

Sources of law refer to the origins and manifestations of legal rules....

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Obligations in Civil Law: Real Rights vs. Personal Rights and Sources

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Obligations

  • General obligations
  • Real right: It is one that directly and immediately gravitates on a certain thing, and that requires everyone's equal respect, but purely passive.
  • Credit or personal law: It is a special relationship between two specific individuals, one of whom may require the other, determined to provide what under common law is due.

Example: Right to ownership, right to credit a sum of money due to us under a loan.

  • The requirement: A link right on the necessity compels us to pay for a thing. The creditor is the active subject of the relationship, and the debtor has liabilities. The lender expects or hopes that the debtor complies with what has been committed to.
  • Elements of the obligation: It has two subjects, one active and
...
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Customs Administration: Roles, Functions and Importance

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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...

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ROAC Registration and Auditor Career Path in Spain

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ROAC Registration and Auditor Career Path

Registration in the ROAC (Registro Oficial de Auditores de Cuentas - Official Registry of Account Auditors) - Career Path: Title empowering to college, specific theoretical course, theoretical examination of professional qualification, practical training (8 years, five of them as qualified personnel), practical test of professional qualifications, and registration in the ROAC. Attitude tests are performed in a single call, at the proposal of biennial corporate auditors.

Independence, Integrity, and Objectivity (Second ICAC Rule)

The auditor will maintain a position of absolute independence, integrity, and objectivity. The ICAC is the standard of the duty of independence. To ensure independence, the LAC...

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Article 6 of the Organic Law of the State (1967): Analysis of Franco's Chief of State Powers

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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

...
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Religious Groups in Spain: Legal Status and the Catholic Church Agreements

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Legal Distinctions for Religious Groups in Spain

Spanish law makes two key distinctions regarding religious groups:

  1. Public Response & Religious Freedom

    Groups have the right to religious freedom, extending to individuals and religious groups. However, this right is not absolute. If public order is disrupted, actions are unlawful, and the right to religious freedom will not apply. (Article 16.1 EC)

  2. Legal Personality & Registration

    (Art 5 LORL) Groups are registered with the Registry of Religious Entities. Not all registered faiths have the same legal status:

    • Confessions with roots in Spain: These have access to cooperative agreements with the State (e.g., the Catholic Church, ERDF, CIE, FCI). The Catholic Church has a unique system of agreements
...
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Term Contracts Under Brazilian CLT Labor Law: Rules and Limits

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Term Contracts Under CLT Article 443

The employment contract may be agreed expressly or tacitly, verbally or in writing, for a specified period or indefinitely.

Definition (CLT Art. 443 § 1)

A term employment contract is one whose duration depends on a prefixed term, the performance of specified services, or the completion of a certain event capable of rough estimation.

When Term Contracts Are Valid (CLT Art. 443 § 2)

A term contract is valid only in the following cases:

  • Services of a transitory nature that justify predetermining the period;
  • Temporary business activities;
  • Experience contracts.

Example for temporary business activity: An Easter egg factory can hire employees for a specific period.

Maximum Duration (CLT Art. 445)

The maximum duration...

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Subjective Rights

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1 .- Concept D ° Subjective:

- Law in the objective sense is a set of legal rules governing the conduct of men

- Law in the subjective sense is contained in the substantive law (as when speaking of one or the other is because they look different aspects), is the faculty that has a subject to perform specific behavior, or refrain from it or require other The subject line of duty, serves to make, do and demand.

- These two concepts are related, since the definition of D ° objective is obtained for the individual right that could be formulated as follows: Power to act to satisfy their own interests guaranteed by law.

- There are some rights that are exercised without the consent, as the inherent rights (HR)

- We must make it clear that the...

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Essential Vocabulary: Advanced English Words

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Mastering Advanced English Vocabulary

Enhance your communication and writing skills with this curated list of essential advanced English words and their precise definitions.

Aberration

A state or condition markedly different from the norm.

Abeyance

A temporary suspension of an activity; a state of being put aside for further action.

Adjudge

To award or bestow by formal decision.

Affront

An open, intentional insult.

Anarchy

The absence of government or law; political disorder.

Artifice

A skillful or ingenious device; a clever trick; a clever skill; trickery.

Augury

An event that is experienced as indicating important things to come.

Cadaverous

Pale, gaunt, resembling a corpse.

Cajole

To persuade by pleasant words; to coax with flattery and insincere talk; to wheedle....

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History of Spanish Law: Codes and Constitutions to 1845

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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
...
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