Notes, summaries, assignments, exams, and exercises for Law for University

Van Gend en Loos v Nederlandse Administratie der Belastingen (1963) Case 26/62

This landmark case saw the European Court of Justice establish that provisions of the Treaty Establishing the European Economic Community (EEC) were capable of creating legal rights enforceable by both natural and legal persons before the courts of the Community's member states. This principle is now known as direct effect. The case is widely acknowledged as one of the most important, and possibly the most famous, developments in European Union law.

Background of the Case

The case stemmed from the reclassification of a chemical by the Benelux countries into a customs category that entailed higher charges. Preliminary questions were asked by the Dutch Tariefcommissie...

Article 58: Property Transfer Registration

To register the transfer contract inter vivos, gift, or an estate that has not previously been registered, the Keeper will require evidence of having given notice of such transfer to the public through three advertisements in a newspaper. This notice must be placed in the department or the capital of the province (if there isn't a newspaper in that department). A sign must also be set for at least fifteen days in the office of the Conservative, with the designations of persons transferring the property, and the boundaries and name of the property, which is the subject of the contract.

The Conservative will certify compliance with the requirements indicated in the preceding paragraph at the foot of the...

Accrual

Article 21 of the General Tax Law (LGT) defines accrual as the moment which determines the event performed that produces the birth of the principal tax liability. To narrow down the moment in time that this occurs, we must differentiate between tax accrual of taxable periodic taxes and instant taxes. In the first case, the legislature must enter narrow time periods. Fiction serves to establish that the moment the taxable event occurs, usually periods of months or years. The rule in instant charges will be that in force when the taxable event occurs. In contrast to periodic taxes, and unless otherwise provided herein, the applicable standard for reasons of legal certainty will be in force at the time of commencement of the tax period....

The Decretos de Nueva Planta: Centralizing Spain

Following the War of the Spanish Succession, traditional regional policies and institutions across the Crown of Aragon were replaced by the Spanish administration through a series of royal provisions. These were collectively known as the Decrees of Nueva Planta. Named to provide a 'new organizational structure' (nueva planta), these decrees fundamentally reshaped local agencies and courts, notably establishing the Audiencia-Corona.

Valencia: Abolition of Privileges

During the War of the Spanish Succession, once Aragon and Valencia seemed subdued, Philip V issued a first decree on June 29, 1707. This decree justified, citing the rebellion of his subjects, the abolition of their privileges and the...

In administrative law, competence refers to the specific authority an administrative body possesses over a particular subject. It is a subjective attribute of the body, meaning that when it holds public interests and powers, it shall have jurisdiction.

Commonly, the term competence is often objectified, equating the notion of competence with interest. For example, one might say that international relations are the responsibility of the Ministry of Foreign Affairs. In a strictly technical sense, however, one would say that international relations are the interests of the Ministry.

Juan Alfonso Santamaría Pastor illustrates the false distinction between the objective and the more accurate subjective side, stating that "there is no competence,

The Presidential System

The Presidential System

While both systems may appear different, one featuring a monarch with secretaries and the other a parliament making crucial legal rules, the political formula known as "presidential leadership" relies on the president's moral and political influence to implement decisions within the state structure.

The presidential regime, similar to a limited monarchy, allows the legislature and executive to perform their roles without creating dependency relationships.

Basic Features of a Presidential Regime:

1. Monistic Executive Power: The head of state and head of government are the same person: the president. The president, directly elected by the people, possesses popular legitimacy and governs. They freely appoint

The pledge means that the item offered as security is handed over to a third party or the creditor, who may seek a sale if the obligation is not satisfied. A pledge, therefore, requires the transfer of possession to the creditor. This dispossession is replaced by registration in certain cases where the legal system permits, specifically for objects such as individual fruits, animals, and machinery. This follows from Article 54 of the Law of Chattel Mortgages and Pledges Without Transfer of Possession of December 16, 1954; the constitution of a pledge without displacement of possession is governed by the aforementioned law.

Once possession is received, the creditor is entitled to offset these assets against those owed. In case of a breach of...

Article 12: Appealing a Claim for Loss or Lack of Chilean Nationality

A person affected by an administrative act or decision that deprives them of Chilean nationality, or where such nationality is unknown, may appeal, in person or by anyone on their behalf, within thirty days, before the Supreme Court, known as a full court jury. The appeal will suspend the effects of the act or resolution appealed.

There can be no rule of law if the state is not subject to the law. Administrative acts are the only actionable complaints.

Analysis of Article 12

It would be more accurate to refer to the affected Chilean individual as the person affected by the act or resolution (issued by administrative or legislative authority). The challenged act pertains only...

Functions of Law

1. Organizing Feature of Social Life

Law governs every society through rules, even rudimentary ones. It regulates social events within community life, including those beyond legal regulation. Law dictates individual and collective behavior, imposing obligations, prohibiting actions, and permitting others. Individuals must adapt their conduct to these mandates, ensuring social order rather than just personal perfection.

2. Organizational Function of Public Authority

Human society requires a superior organization distinct from individuals—a state political organization—legally mandated by law. As Kelsen states, "no state beyond the law."

3. Legitimization of Power

Law creates, distributes, and limits public power. Legitimate power...

Article 71: Prescription of Administrative Decisions

When a subject opposes the execution of an administrative decision, alleging prescription, the administrative authority with jurisdiction over the case shall, within thirty (30) days, verify the time elapsed and any interruptions or suspensions, if applicable, and decide accordingly.

Chapter IV: Publication and Notification of Administrative Acts

Article 72: Publication of General Administrative Acts

General administrative acts, or those of interest to an indeterminate number of persons, shall be published in the Official Gazette corresponding to the agency's decision. Exceptions are administrative acts relating to the administration's internal affairs. Administrative acts for individuals will...