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

Research Instruments in Judicial Inquiries: Measures Limiting Fundamental Rights

For more effective prosecution of crimes, the law governing certain cases allows, under specific conditions, the use of investigative techniques through which the public can make a legitimate intrusion into the sphere of certain fundamental rights. These measures are reserved for judicial inquiry precisely because a judge's intervention ensures compliance with the requirements and limits of the interference. They are means of investigation to be carried out only during the investigation, used to determine the circumstances surrounding the facts. To use any of these means of investigation, a court order is constitutionally required, and there must be reason to believe...

Fundamental Logical Principles

Principle of Sufficient Reason (Principium Rationis Sufficientis)

States that for any proposition to be true, it requires a sufficient reason.

Logical Principle of Contradiction

States that two contradictory propositions cannot both be true simultaneously.

Logical Principle of the Excluded Third

States that two contradictory judgments cannot both be false.

Legal Principle of Sufficient Reason

This principle depends on the validity of any rule of merit.

Core Concepts of Legal Norms and Duties

Norms and Their Classification

• Norm (Norma): Any rule of conduct that is mandatory.
• Unilateral Norm (Norma Unilateral): A mandatory duty imposed without granting correlative rights or abilities.
• Bilateral Norm (Imperative-Attributive):

The Mayor chairs the Corporation and holds the following responsibilities: (...)
9. The granting of licenses for manufacturing establishments (industrial, commercial, or otherwise) and building permits in general, unless the ordinance or sectoral laws expressly assign this to the Plenary or the Local Government Board.

It is, therefore, in principle, possible that the power to grant licenses applies to the Mayor, the Plenary, or the Local Government Board, according to the sectoral rules that govern it and its delegation.

Organization of Large Population Municipalities

In this context, it is important to note that, as stated in Title X of Law 7/1985 of April 2, Regulating the Bases of Local Government on the arrangements for the organization of...

Transient Services Companies (Art. 183 F et seq.)

These companies are lawful only when meeting legal conditions.

1. General Definitions

a) Transient Services Company

Companies providing temporary workers to businesses.

b) User

A natural or legal person contracting with a transient services company for temporary staff.

c) Transient Service Worker

A person working temporarily for business users.

2. General Standards

Oversight of work performance standards applies to both the transient company and the user.

3. Rules for Transient Service Enterprises

3.1 Prohibition of Affiliation

Transient companies must not have ties with business users.

3.2 Obligation of Guarantee (Art. 183-J)

Companies must provide a permanent guarantee to the Department of Labor. The amount...

Civil Society vs. Commercial Corporations

This section outlines the major differences between civil society organizations and commercial corporations, focusing on their legal structure and liability.

Defining Civil Society Organizations

Definition

Designates the diversity of people with the rank of citizens, who generally act collectively to make decisions in the public domain outside the government structure.

Formation or Constitution

Consensual (often without limited liability).

Liquidation Process

Settled by arbitrators.

Statute of Limitations (Prescription)

Applies the statute of limitations of the Civil Code.

Liability of Partners

It is unlimited (with all assets) and in proportion to their contributions.

Defining Commercial Corporations

Definition

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Understanding Subjective Rights

The subjective right is a power that allows a person to demand something from another, establishing a legal status regarding their possessions. These rights are classified into real rights (concerning things) or credit rights (property obligations). Subjective property rights are absolute and erga omnes (enforceable against all).

Distinctions in Legal Concepts

The doctrine of subjective rights relies on economic concepts, whereas family law operates under different principles. In family law, we speak of potestades (powers) rather than subjective rights. Marriage is not a property-based content but is intimately linked to family formation. Personality rights are non-property assets, recognized as innate to the human...

Modification and Termination of Obligations

Obligations can undergo two types of modifications:

1. Subjective Change

This occurs when the legal relationship changes the debtor or the creditor.

• Changing the Debtor: Fulfillment will be carried out by someone other than the original debtor, provided the creditor consents.
• Changing the Creditor: This can occur without the consent of the debtor.

2. Objective Modification

This involves changes to the situational elements of the obligation, such as a change in the location or time of performance.

Assignment of Commercial Contracts

In commercial practice, the Civil Code (CC) does not explicitly regulate this issue. However, according to jurisprudence, assignment is admissible under Section 1.255.

Requirements

Social Irregulars

If a company has effective traffic, it concludes that it is relevant and cannot be ignored. If a company is a collective society, that discipline (mercantile society) is governed by the most rigorous, and defends third parties. If the right of the form adopted is simple, applicable standards are of this type. If it is a public limited company, limited by shares, or limited, the rules of civil society are applied, as it is, to its obligations and activity. The irregular company is valid. Joint and several liability. Article 120 of the Commercial Code establishes the managers against third parties.

De Facto Companies

The name of the company, despite being affected by a defect of nullity, or cancellation, has come to intervene in...

Assistance and Collaboration with Law Enforcement (FFCCSS)

One of the primary obligations of private security personnel is to provide collaboration and follow instructions from law enforcement regarding the people, goods, facilities, or vehicles under their protection.

Legal Framework

This duty is supported by Article 66 of the RSP and Article 1.4 of the LSP. This legal backing establishes the necessary limitations and requirements for professional cooperation.

Scope of Cooperation

• Investigation and Prosecution: Security personnel have a heightened duty compared to the general public when performing protection and surveillance functions.
• Workplace Context: The duty of cooperation applies specifically to the exercise of professional functions and

Tax Debt Components According to Article 58 LGT

Article 58 of the LGT sets the following:

1. The tax debt consists of the fee or amount to be recovered resulting from the primary tax liability or the obligation to make payments on account.

2. Also, eventually, the debt may consist of:

• a) The interest of demora (late payment interest).
• b) The statement surcharges for late filing (extemporánea).
• c) Enforcement period surcharges (ejecutivo).
• d) Legally enforceable penalty charges on contributions or bases for the Treasury or other public bodies.

The concepts that, under this item 2, are added to the quota sometimes come from different situations:

• a) The default interest tends to offset the administration for the delay in meeting the payment obligation.