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

Introduction to the Legal Concept of 'Type'

The concept of 'type' is broadly considered as the sum of all its constituent elements, a concept to which reference is made in legal theory. Ernst von Beling alludes to the word 'type' in the general sense of law as the set of all presuppositions whose existence is tied to a legal consequence. Article 19 outlines elements of crimes.

Beling's Structural Analysis of Crime Types

Beling's structure for understanding crime types includes:

• Type of crime (criminal figure): The specific definition of the offense.
• Legality: The leading legal principle.
• Type of lawfulness: Identified by unlawful acts referred to a particular figure.
• Type of guilt: The specific intent required by a figure.
• Typical alignment: The relationship

Freedom of Thought and Expression

1. Everyone has the right to freedom of thought and expression. This right shall include freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other media of their choice.

2. The exercise of the right in the foregoing paragraph shall not be subject to prior censorship but to subsequent liability, which shall be expressly established by law and are necessary to ensure:

• a) Respect for the rights or reputations of others
• b) The protection of national security, public order, health, or morals

Freedom of Religion

Religious freedom, or freedom of conscience, is a fundamental right that relates to the choice...

Expropriation

Expropriation is a singular public imperative affecting private property. It involves the forced transfer of ownership, sale, exchange, or temporary occupation of private property by reason of public utility or social interest, with monetary compensation or damages provided.

Constitutional Guarantees

• There must be a cause of public utility or social interest.
• Adequate financial consideration or compensation must be provided.
• The procedure must be performed according to the laws.

Subjects Involved in Expropriation

• Expropriating Administration: The State, province, or municipality.
• Beneficiaries: Those who benefit from the public utility or social interest project for which the property is acquired. This can be the administration itself

The Foundations of Modern Rights and Revolutions

Contrasting Revolutionary Ideals

The need to build a new world and a new political system based on two eminent values—individual natural rights—did not exclude the fact that the protagonists of this operation were proud Englishmen, sons of a historical constitutional tradition that had offered first-class contributions to the cause of rights and freedoms.

The root of the difference lay in an oppressive reality against which individual rights were asserted in both the American and French Revolutions.

• In the French Revolution, rights asserted themselves against the past of the Ancien Régime.
• In the American Revolution, there was no need to destroy any estates; it did not have to assert the rule

Modification and Termination of Obligations

Subjective Modification

This type of modification involves a change in either the debtor or the creditor. This means that the provision is fulfilled by a person different from the original debtor. A change in the debtor always requires the creditor's consent. However, a change in the creditor can be made without the debtor's consent, but the debtor must be notified of the change.

Objective Modification

This type of modification alters situational elements of the obligation, such as a change in the location or time of performance.

Extinction of Obligations

Article 1156 of the Civil Code states that obligations are extinguished by:

• Payment or performance
• Loss of the thing due or supervening impossibility of

Hart's Theory: Order Sum Rules

Hart's theory distinguishes between primary and secondary rules. The first organized secondary rule gives unity. Recognition determines the characteristics that a standard should have to be considered as such. This is manifested in the everyday activity of judges.

Pre-existing Questions and Circularity

There are no problems with the circularity of the rule. To know who the judges are, one needs to know the rule of award, and this requires unity of the rule of recognition.

Plurality of Rules

It is not clear whether there are one or several rules. Principles are not identified, but are instead identified by axiological values.

Consistency

Consistency is the absence of antinomies, where two norms regulating the same course...

Understanding Civil Liability

Civil liability refers to the legal obligation to compensate for damages caused to another person. This right to seek compensation arises when an individual or entity has an obligation to bear the consequences of harm inflicted. The injured party is entitled to claim civil liability, and the responsible party must pay compensation for the damage caused.

Types of Civil Liability

Contractual Liability

Contractual liability arises when the damage is a direct consequence of a breach of an existing contract between the person causing the damage and the injured party. In such cases, a pre-existing contractual relationship defines the scope of responsibility.

Extra-Contractual Liability

Extra-contractual liability, also known...

Circumstances Precluding Wrongfulness

In principle, the unlawful conduct of a State is not considered wrongful if there are causes that preclude the wrongfulness of the act.

State Consent

The wrongfulness of an act does not constitute an internationally wrongful act if the injured State gives its consent to this behavior. This is provided that the requirements for valid consent are met, or there is an agreement which clearly states that the consent is attributable to the State.

Countermeasures

Behavior will not be considered illegal in principle when it is a legitimate action, according to International Law (DI), to react to an act committed by another State. These actions are considered penalties or countermeasures.

Force Majeure and Fortuitous

Enormous Lesion (Laesio Enormis)

This legal concept has a Roman origin, which initially supposed that only the seller could suffer damage. Modernly, it is estimated that it protects against enormous lesion in the form of commutative contracts (cttos); therefore, the injury may be suffered by both the buyer and the seller.

The seller suffers enormous lesion when the price received is less than half the fair price of the thing sold. The buyer suffers enormous lesion when the fair value of the thing they buy is less than half the price they pay for it.

Legal Status of Enormous Lesion

Enormous lesion is not a vice of consent, but rather a vice of limited application targeting certain specific legal acts. It is not a general vice; it is typically a...