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

De Facto Society

When is a Society Considered 'De Facto'?

• When not incorporated by public deed.

How Many Members in a De Facto Society?

• From two members onwards.

Who Liquidates a Partner's Share in a De Facto Society?

• The other members of the society.

Industrial Property & Patents

What Can Be Patented?

• Under industrial property law, patentable inventions must be new, result from inventive activity, and be susceptible to industrial application.

What is a Patent?

• A patent is a certification granted by the government to natural and legal persons, allowing them to exclusively exploit entirely new products or processes for a period of 20 years from the filing date.

Which Agency Grants Patents?

• The Mexican Institute of Industrial Property (IMPI) is a decentralized

Mitigating Circumstances in Criminal Law

1. Reasons expressed in the previous chapter, when the defendant does not meet all requirements to be exempt from responsibility.

2. The offender acted under the influence of a serious addiction to the substances mentioned in Article 20.

3. Actions driven by powerful stimuli, such as intense passion, temporary blindness, or other states of similar intensity.

4. The offender confessed the offense to authorities before becoming aware that legal proceedings had been initiated.

5. The offender repaired the damage caused to the victim, or lessened its effects, at any time prior to the trial.

6. Extraordinary and undue delay in legal proceedings not attributable to the accused and disproportionate to the case complexity.

7. Any other

Understanding the Commission Contract

Commission Contract Fundamentals

A commission contract is a mandate by which the agent (often referred to as the "commission agent" or "broker") undertakes to perform or participate in a commercial contract or act on behalf of another person (the "principal"). This contract is purely commercial and emerges as a means of collaboration between parties, based on mutual trust. In this arrangement, the agent will always act for the account of the principal, but may perform their function either in their own name or on behalf of the client.

Acting in one's own name constitutes indirect representation, because, against a third party, the agent is not directly representing the principal. However, when acting on behalf...

Verbal Judgment Procedure (Item 23)

It is a simplified method characterized by the following stages:

• Demand
• Summons to a hearing
• Visa (Admission/Endorsement)
• Judgment

This procedure offers positive effects (speed) but also negative consequences (risk of harm to the right of defense).

Demand and Classification of Claims

Standardized Forms: Used for monetary claims when the amount does not exceed €2,000. The forms are available in court and must be made available to the public; no separate application is required.

Brief Demand: Required for demands greater than €2,000 or Verbal Judgments (JV) based on material subject matter. The demand must identify the plaintiff, the defendant, and the competent court. The claim must clearly establish the relief...

Section Four: Visitation Rights

Article 385: Right to Visitation

A parent who is not exercising parental authority, or who does not have custody of the child, is entitled to visit them. Furthermore, the child or adolescent has the inherent right to be visited.

Article 386: Scope of Visitation

Visits may include:

• Access to the residence of the child or adolescent.
• The possibility of traveling to a location other than their residence, provided the interested party is authorized.
• Alternative forms of contact, such as telephone calls, letters, or digital communication.

Article 387: Establishing Visitation Arrangements

Visitation arrangements should be mutually agreed upon by the parents, while considering the child's perspective. If an agreement is not...

Article 367. Special Cases for Food Requirements

The food requirement is also appropriate when:

• a) The identity is established indirectly through a binding decision rendered by a judicial authority;
• b) The identity is confirmed by an explicit, written statement from the respective parent or a formal confession in an authentic document;
• c) According to the judge hearing the application, the subsidiary can link a set of circumstances and evidence which, taken together, constitute sufficient, accurate, and consistent proof.

Article 368. Mandated Subsidiary Obligations

If the father or mother has died, lacks economic means, or is disabled, the food requirement falls upon the older siblings of the child or adolescent in order of proximity, followed by...

Understanding Justinian's Legal Masterpiece

The Digest: A Complex Compilation

The creation of the Digest, completed in just three years, has sparked numerous scholarly debates. The German author Bluhme attributed this rapid completion to his "theory of the masses," suggesting a highly organized, almost pre-digested, body of material. However, other scholars, such as Hoffmann and Peters, strongly disagree with Bluhme's thesis. Hoffmann argued that Justinian's compilers already possessed well-organized material. Peters went further, asserting the existence of significant precedents and believing the work was largely complete as a private collection before its official compilation.

Another significant challenge presented by the Digest involves the...

Understanding the defendant's possible procedural activities upon receiving a notice of claim is crucial in canon law. This document outlines various scenarios and their implications.

Scenario 1: Defendant Does Not Appear

Upon receiving the claim, the defendant fails to appear or respond. When the defendant does not appear, they may be declared in absentia (in absence), a status in canon law. This absence typically occurs because the defendant has exceeded the time limit to appear in court. After proper review of certificates and documents, the court usually makes a decision within 10 to 15 days.

A unique aspect of canon law is the 'privilege of courtesy' or the 'principle of procedural truth,' which allows the process to continue even if the...

Police Forces in Catalonia During the Second Republic

During the Second Republic, the Municipal Guard (formerly known as the Municipal Guard Navy, now the Municipal Police) played a crucial role. Their duties included intervening to prevent crimes and misdemeanors, prosecuting perpetrators, and acting as a Surveillance and Security Corps to maintain public order.

The Second Republic also saw discussions about the decentralization of police regions. In Catalonia, the Autonomous Police (often referred to as the "Freelance Police" at the time) established its own structures and scales, operating under the Central Government. This included units like the Esquadra de Porters (Squadron of Porters), which contributed to regional security.

Law 55/1978: