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

Understanding Legal Timeframes

At the right time. The passage of time impacts the legal system. It is relevant for acquiring the capacity to act, acquiring subjective rights, determining when they can be exercised, and their extinction.

Difference and Concept: Term and Deadline

The exercise of a right is always bound to a term, which marks the start or end of something. It's the exact moment at which a given action may commence (e.g., "you have to present on day 1"). The opposite, a deadline, indicates the period within which an act must be carried out (e.g., "you have to present between the 15th and the 20th").

Therefore, in the exercise of a right, both terms and deadlines are directly connected with the concept of working and non-working days....

Part II: Entry, Documentation, and Alien Status

Entry into Spain requires a visa. Types include:

• Transit visa: Entitling the holder to transit.
• Stay visa: For a stay not exceeding 3 months per semester.
• Work and residence visa: For self-employed or employed individuals wishing to reside.
• Study approval: For courses, studies, or research work.
• Residence visa: To live without work activity.

Development is witnessed to obtain a foreigner identity card for persons issued a visa or permit for more than 6 months.

Law Distinctions: Stay vs. Residence

The law distinguishes between:

• Stay: Allows stay for no longer than 90 days.
• Residence: Can be:
  • Temporal: Maximum 5 years. Requires testifying sufficient livelihoods to meet living expenses and subsistence for the

The notice of administrative actions must generally perform reliably, i.e., proving effective against third parties for the receipt and identity of the notified document. Regardless of the general rules governing service in the administrative field, the LGT (General Tax Law) provides specific regulations concerning the place of notifications to persons entitled to receive notice and hearing. These issues are detailed in Articles 109 to 112 of the LGT.

The LGT sets the notification system under general administrative rules, with the following specialties:

Place of Notification Practice

• Proceedings at the Taxpayer's Request: Notification occurs at the place appointed for that purpose by the obligor or their agent, or at the tax residence of either.

Presidentialism

The presidential form of government has a rational genesis, the result of dogmatic reflection, and is strongly inspired by Montesquieu's theory on the separation of powers. When developing the United States Constitution in 1787, there were no empirical precedents in determining the form of government. In other words, there was no previous constitution worthy of the name, nor did the democratic principle, as a legitimating principle, have precedent. The only record was theoretical and, in regard specifically to the form of government, was that set by the Frenchman Montesquieu in The Spirit of Laws, which analyzes the English political system.

Montesquieu's Theory

Montesquieu's theory on the separation of powers needed to sift through...

Liability of Public Officials

1. Prerequisites for the Position

A preventive control mechanism for rotating administration officials and judges was the selection of who should administer justice.

These people were chosen from the noble and rich, with experience in times of war and conquest, of good character, raised in the Calmecac, prudent and wise, and also the servants at the palace.

A good senator is a righteous judge who hears both sides, weighs the cause of each, gives to each what belongs, and does justice always right. They are not swayed by people and do justice without passion. Thus, we can see that codes of ethics were very real.

2. Remuneration

The king remunerated judges with certain amounts of cash and food, and the right to certain...

Capacity

Capacity to Enjoy and Exercise Rights

Capacity, in general, is the legal ability to exercise rights and obligations. It is divided into capacity to enjoy and capacity to exercise. The former refers to the legal ability to hold rights and obligations, while the latter refers to the legal ability to personally exercise those rights and obligations.

Capacity of Natural Persons

According to Article 1446 of the Civil Code, "every person is legally capable, except those whom the law declares incapable."

Types of Incapacity

There are two types of incapacity:

• Absolute Incapacity: This applies to prepubescent individuals (women under 12 and men under 14), the insane, and the deaf who cannot express themselves in writing. These individuals can only

Sovereignty and Suffrage

Article 1 of the Constitution of the Second Spanish Republic proclaimed that "Spain is a republic of justice." This foundational statement affirmed popular sovereignty, which included the right to vote for all Spaniards aged 18. This was a significant step beyond the universal male suffrage that had been achieved by 19th-century liberalism.

The Constitution also declared "the republic is an integral state," initially designing a decentralized structure. This allowed one or more neighboring provinces with "economic and cultural features and their own historical identity" to form autonomous communities. Catalonia and the Basque Country were the first to initiate this process, in accordance with the Constitution, leading...

Challenging Regulations and Publication

Publication of regulations occurs in the corresponding Boletín Oficial. Challenges can be made before the competent judicial body according to the criteria of Article 8 ff. of the LJ [Ley de la Jurisdicción Contencioso-Administrativa].

A judgment pronounced on the validity of regulations takes full effect against third parties from its publication in the relevant Official Gazette.

Indirect Administrative Appeal

The indirect administrative appeal (recurso contencioso-administrativo indirecto) is brought against an act applying the regulation, which is relevant when one does not wish to challenge the regulation directly. The time limit is the standard one for administrative appeals. This action seeks the...

Negotiating Tables for Public Administration Staff

For the negotiation of the terms of public administration work, a general table of negotiations is formed within the field of state administration, as well as in each of the Autonomous Communities and local bodies responsible for determining the working conditions of staff in relevant areas. These will later form the sectoral collective bargaining tables and determine working conditions in the following six sectors:

• Teaching staff in university schools.
• Non-personal services in Public Administration.
• Staff for public health administration.
• Public Administration staff.
• Service staff for universities.
• Central Public Administration and managing bodies of the Social Security.

Powers and Meeting Frequency

Capitalist Business Persons and Capitalist Companies

Case 2A focuses on capitalist business persons. A capitalist company is an entity mainly based on capital contribution. In these companies, what matters most is the capital invested, not the personal identity of the partners. Decisions are usually made by a majority of capital, and liability is typically limited.

Types of Capitalist Companies

Capitalist companies are regulated by the Corporate Enterprises Act. The three main types are:

• Joint Stock Company
• Limited Liability Company
• Limited Share Partnership

Joint Stock Company (Sociedad Anónima)

A Joint Stock Company is similar to a Sociedad Anónima. Its key characteristics include:

• Its partners are shareholders.
• The minimum capital required is €60,