Notes, summaries, assignments, exams, and exercises for Law for Primary education

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

Principles of Public Administration

The fundamental principles governing public administration include effectiveness, hierarchy, decentralization, deconcentration, and coordination.

General principles for effective service to citizens include:

• Simplicity, clarity, and promotion of citizen participation.
• Objectivity and transparency of administrative action.
• Rationalization and agility of administrative procedures and material management.
• Good faith, legitimate expectation, and institutional loyalty.
• Responsibility for public management, planning, and management by objectives.
• Economy, sufficiency, and strict adaptation of means for institutional purposes.
• Efficiency in the allocation and use of public resources.
• Cooperation, collaboration, and coordination

Free Consent

Free Consent, as defined in Section 13, occurs when "two or more persons agree upon the same thing and in the same sense."

For example, if A agrees to sell his car to B, but A intends to sell his Maruti while B believes he is buying A's Honda, there is no consent because they haven't agreed on the same thing in the same sense. Consequently, there is no contract.

Section 14 states that consent is considered free when it is not caused or affected by the following:

• Coercion
• Undue Influence
• Fraud
• Misrepresentation
• Mistake

Coercion (Section 15)

Coercion involves using force or threats to compel a person to enter into a contract. The consent obtained under coercion is not free.

Undue Influence (Section 16)

Undue influence occurs when one party,...

Hypothec: Elements and Content

Elements of a Hypothec

• Subjective Elements: Hypothecor and Hypothecee

  Capacity: The constituent must be the owner of the immovable property and possess the right to dispose of it.

• Objective Elements

  The property must be free of any other charge and capable of guaranteeing any type of obligation.

• Formal Elements

  Requires a written agreement (specifying the obligation/sum of money covered), a notarial deed, and registration. Registration has a constitutive effect in Spain (SP), the UK, Germany (GER), and the Netherlands (Dutch).

Content of the Hypothec

The owner of the property (debtor) remains the possessor and can use (civiliter use), enjoy, dispose of, and even further burden the property. The hypothec itself can be modified....

Article 103: Contract Price Adjustment Conditions

Requirements for conducting appropriate price revisions:

1. The price review will take place when 20% of the contract has been executed and one review year has elapsed.
2. No price adjustment for fee-for-lease contracts, lease with option to purchase, or minor contracts.
3. The contract documents will detail the specific review formula and may specify conditions for its application.

Article 104: Price Adjustment System & Formulas

1. The price review is carried out with official formulas determined by the contracting authority. The Council of Ministers may adopt these formulas based on the report of the Advisory Board on Administrative Contracting.
2. The formulas reflect the contract price based on labor and

What facts make an appeal for review?

An appeal for review can be made based on the following:

1. That the decision was rendered without due process.
2. That, in passing, a manifest error of fact has been committed, and it has been crucial to the decision, or valuable documents essential to the resolution of the matter, ignored when issuing the act, or have not been possible to accompany the administrative record at the time.
3. That a final sentence declares that the act was passed as a result of corruption, bribery, violence, or other fraudulent scheme.
4. That crucial documents or testimonies, declared false by final sentence after that resolution, or earlier still, had not been known in due course by the applicant, and have influenced the decision.

What

Business Succession and Article 44

Article 44 states: "There shall be regarded as business succession when the transmission affects an economic entity which retains its identity, meaning an organized grouping of resources to carry out an economic activity, essential or ancillary." Essentially, what determines the applicability of this article is the transmission of a set (more or less, total or partial) of elements organized for production and productivity.

Causes of Business Transmission

The cause of transmission is indifferent. Article 44 speaks in very broad terms of a "change of ownership of whatever cause or motive." It may, therefore, be a sale, assignment, exchange, or corporate merger.

Effects of Transmission on Workers

The new employer...

International Standards in Domestic Law

This section examines the theoretical approaches to integrating international standards into a nation's legal system and details the specific framework within Spanish law.

Theoretical Approaches to Treaty Integration

• Dualistic Systems (e.g., Great Britain): Require internal approval. The treaty's scope is determined by the domestic law that incorporates it. In these systems, a later treaty can repeal a previous law, and a law enacted after an earlier treaty can also repeal it.
• Principle of Competition: Certain matters governed by international treaties would fall outside the scope of domestic rules. This acts as a reserve, preventing potential incompatibilities.
• Hierarchy of Norms: Establishes a clear hierarchy,

PUB

("Proprioception"[Mesh] OR "Postural Balance"[Mesh] OR "Sensory Receptor Cells"[Mesh] OR ("proprioception"[Title/Abstract]) OR ("postural balance"[Title/Abstract]) OR ("sensory receptor cells"[Title/Abstract])) AND ("Rehabilitation"[Mesh] OR "Physical Therapy Modalities"[Mesh] OR "Exercise"[Mesh] OR ("rehabilitation"[Title/Abstract]) OR ("physical therapy modalities"[Title/Abstract]) OR ("exercise"[Title/Abstract])) AND ("Sports"[Mesh] OR "Soccer"[Mesh] OR "Tennis"[Mesh] OR ("sports"[Title/Abstract]) OR ("soccer"[Title/Abstract]) OR ("tennis"[Title/Abstract])) Filters: Clinical Trial, Meta-Analysis, Randomized Controlled Trial, from 2020 - 2024

EBS

(DE "PROPRIOCEPTORS" OR DE "PROPRIOCEPTION") OR (DE "MUSCULAR sense") OR AB (PROPRIOCEPTION...