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

Module 5: Social and Penitentiary Legislation

European Legislation

• European Social Fund Plan (2007–2013)
• PROGRESS Programme
• URBAN Initiative

National Legislation

• Spanish Constitution (1978)

State Legislation

• Organic Law 1/1979, of September 26, General Penitentiary Act (amended by Law 13/1995)
• Prison Regulations, Royal Decree 190/1996, of February 9
• Organic Law 2/2009, of December 11, reforming Organic Law 4/2000, of January 11, on the Rights and Freedoms of Foreigners in Spain and their Social Integration
• Law 12/2009, of October 30, on the Right to Asylum and Subsidiary Protection

Regional Legislation (Castilla-La Mancha)

• Law 3/1986, of April 16, on Social Services of Castilla-La Mancha
• Law 5/1995, of March 23, on Solidarity in Castilla-La Mancha
• Law 15/

Case Study 5: Demarcation and Recovery Actions

1. Applicability of the Action of Surveying and Marking (Demarcation)

The action of demarcation requires two fundamental conditions for admission:

1. That there is confusion of boundaries between the adjoining properties, meaning there are no external signs of demarcation between the two farms.
2. That there is promiscuous possession of a strip of the border zone (the area where the land begins and ends).

In this scenario, there is no confusion of boundaries. The existing fence acts as an element of closure, signifying the separation of the neighboring farm. Altering the fence constitutes robbing the neighbor of the expropriated strip (usurpation). Since there has been an occupation of the neighboring estate...

Causa Mortis Succession: Principles and Types

This section defines the various forms of succession upon death. Succession can be categorized by its origin (voluntary, legal, and mixed) and by its subject (universal succession and individual succession).

Voluntary Succession Defined

Voluntary succession occurs when the successor or successors have been freely chosen by the deceased, and the estate phenomenon is governed freely under a unilateral legal transaction, such as a testament, or by agreement with another person. The first case involves probate, while the second involves a series of contracts that the Civil Code (CC) supports only exceptionally and typically restricts.

Legal or Intestate Succession

Legal succession, also known as intestate...

Understanding Core Criminal Law Concepts

Formal Criminal Law

Formal legal norms define and regulate specific human behaviors. These norms are extensive and visible, outlining the legal aspects that are proper and exclusive to certain actions. Formal criminal law specifically identifies human behaviors (crimes and misdemeanors) that result in a unique legal effect, namely the imposition of a penalty or security measure by the Criminal Law (DP).

Substantive Criminal Law

Substantive criminal law is an autonomous sector of the legal system, belonging to public law. It protects fundamental interests of individuals and the community by threatening or imposing punishment for behaviors that endanger these interests. It documents behaviors that go against...

Introduction to Roman Law Concepts

This document provides a framework for fully mastering key legal principles.

Key Elements of Roman Law Obligations

• Contract
• Stipulation
• Definition
• Delict

Contract Types in Roman Law

• Contract of Sale
• Lease
• Mandate
• Partnership

Consensual Contracts Defined

These contracts are perfected by the mere agreement (consent) of the parties. For instance, in a sale, the agreement covers both the delivery of the thing and the promise to pay the price.

The Roman Contract of Sale

The Contract of Sale is a consensual contract between a buyer and a seller, requiring a specific thing and a monetary price. It generates reciprocal obligations to provide the thing and pay the price. The contract is perfected by the consent of the parties, which...

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...

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