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

Understanding Political Power: Arendt and Habermas

Power arises wherever people gather and act together. What matters is the procedure for adopting decisions. Power is an end in itself, the condition that enables a group to act together. It is the formation of a common intention aimed at achieving agreement.

Hannah Arendt's Concept of Normative Power

Hannah Arendt stated that laws are directives; they function as rules of the game. They do not dictate our behavior at all times but provide a framework within which the 'game' can develop and without which it could not take place. Arendt offers a concept of normative power that can be used for a radical democratic approach and against the erosion of the public sphere in contemporary mass democracies....

Social Security System Membership Requirements

Membership is regulated by Article 13 of the General Social Security Law (LGSS) for the entire system.

Concept of Social Security Membership

It is an administrative act by which the General Treasury of Social Security (TGSS) recognizes the status of inclusion in the Social Security System to the individual who first performs an activity crucial for inclusion in the scope of implementation. (Membership is the legal title for the acquisition of Social Security rights.)

Key Features of Membership

Membership carries several defining characteristics:

• It is mandatory for persons included in the system for the purpose of rights and obligations under their contribution.
• It is unique and comprehensive for all

Understanding the RERA Act 2016

The Real Estate (Regulation and Development) Act, 2016 (RERA) was a significant step toward regulating India's unorganized real estate sector. The Act acts as a guardian of homebuyer rights, protecting them from fraudulent builders and misleading claims.

What is the RERA Act 2016?

RERA was formulated to regulate India's previously unorganized real estate sector. In the absence of an efficient regulator, disputes between homebuyers and developers were on the rise. The Act addresses the concerns of developers, homebuyers, and realty agents. Projects registered under RERA are now preferred by homebuyers.

All real estate projects exceeding 500 sq m must be registered with the respective state authority. Builders must...

1. Right to Equality (Articles 14–18)

This right ensures equality before the law and equal protection of the laws to all persons. It prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. It also abolishes untouchability and titles.

Limitations

Equality does not mean absolute equality. The State can make reasonable classifications and special provisions for:

• Women and children
• Scheduled Castes (SC)
• Scheduled Tribes (ST)
• Other Backward Classes (OBC)

2. Right to Freedom (Articles 19–22)

This includes six fundamental freedoms:

• Freedom of speech and expression
• Freedom of assembly
• Freedom of association
• Freedom of movement
• Freedom of residence
• Freedom of profession

It also provides protection in respect of conviction, arrest,...

Equity and Ownership Interest

Equity represents an ownership interest in a corporation. Key characteristics include:

• Common stockholders vote for the board of directors and other corporate issues.
• Dividends are not considered a cost of doing business and are not tax-deductible.
• Dividends are not a liability of the firm, and stockholders have no legal recourse if dividends are not paid.
• An all-equity firm cannot go bankrupt.

Interest vs. Dividends

Debt is not an ownership interest in the firm. Creditors do not usually have voting power. The corporation’s payment of interest on debt is considered a cost of doing business and is fully tax-deductible. Conversely, dividends are paid out of after-tax dollars. Unpaid debt is a liability of the firm; if...

Leases and licences: proprietary and personal rights

Leases give an individual a proprietary right in land which is binding on any third parties, while a licence gives a personal right that can be revoked at any time, as stated in Thomas v Sorrell. Licences are also not binding on third parties.

Furthermore, if one obtains a lease, they will have statutory protection under the Rent Act 1977 and the Housing Act 1996, which do not allow the leaseholder to be evicted simply and which provide rent control. As opposed to this, a licence does not provide any statutory protection to the occupier.

Court difficulties in distinguishing leases and licences

As such, most occupiers of properties would like to establish a lease instead of a licence, as a lease...

Overriding Protection and Adverse Possession

The Limitation Act 1980 previously granted overriding protection to individuals who had acquired rights through adverse possession (AP) for 12 uninterrupted years. This meant that even if someone hadn't yet reached the 12-year threshold, they could still receive protection, preventing a third-party purchaser from evicting them. However, this approach created inconsistencies in the law.

The Land Registration Act 2002 Reform

The Land Registration Act (LRA) 2002 brought significant changes to the doctrine of adverse possession. Section 96 and Schedule 6 of the LRA 2002 now govern this area. Notably, Section 96 abolishes the Limitation Act 1980's time limits for registered land. As a result, owning land...

What is Jurisdiction in EU Law?

Jurisdiction is a set of rules that provides which court is going to deal with a certain case. We have a separate set of rules under the sovereign legal order of every state, and then we have a unified set of rules presented under the EU law framework. The Brussels I Regulation is the cornerstone of European jurisdiction regulation.

When dealing with jurisdiction, we are dealing with who is going to make decisions—specifically, which court of a particular Member State will hear and observe that particular legal case with a foreign element.

The Importance of Determining Jurisdiction

Why is jurisdiction important? Because if you file a case or apply for a case to be heard under a certain court, and that court has...

IR theories: