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

Irregular Societies and the Path to Legal Personality

The central issue addressed in these articles is the problem of the irregular society—a company that has not been established in compliance with all applicable legal requirements.

The establishment of a regular legal person follows a defined process:

1. The Partnership Agreement regulates internal relationships among partners.
2. A Deed and Registration process is required.
3. Registration leads to the creation of a Legal Person.

The Legal Person is essential for regulating external relationships with third parties, acquiring rights, and incurring debt. These relationships occur as a result of the society's actions within the economic framework.

It is crucial to understand that relationships occurring...

Child Protection in the Digital Age

Key Stakeholders in Child Protection

• First Level: Family and school
• Second Level: Media and public authorities

Elements Affecting Child Protection

Regulation: A comprehensive set of legal norms and ethical codes addressing child protection. These are established by both public institutions and private entities, and can be local, national, or international.

Types of Regulatory Frameworks

• Legal Regulations
• Self-Regulation Codes
• Family Mediation
• Education for Communication

Compliance with Self-Regulation Codes for Television Content

Various bodies are responsible for ensuring compliance with the Code of Self-Regulation of Television Content and Children's Rights:

Self-Regulation Committee

Composed by:

• Television operators

Judicial Decisions on Parental Rights

The judge will address the severity, repetition, and routine arbitrary facts when considering cases related to parental rights.

Article 353. Judicial Declaration of Deprivation of Parental Rights

The deprivation of parental rights must be declared by the judge at the request of an interested party. It is considered an interested party to bring the corresponding action:

Interested Parties Who May Bring Action:

• The other parent for whom the parentage is lawfully established, even when not exercising parental authority.
• The Attorney General, acting ex officio or at the request of the child (if the child is over twelve years old).
• Parents and other relatives of the child within the fourth degree on any line.
• The person

What Is Administrative Law?

Administrative law is defined as the set of legal rules governing the organization, functioning, and powers of public administration in its relations with individuals and other government bodies.

Characteristics of Administrative Law

• Jus Novum (New Right): A recent branch of legal science.
• Subordinate Law: Dependent on higher legal frameworks, specifically the Constitution and constitutional laws.
• Mutable: Constantly evolving to meet the public interest and the state's changing functions for the common good.
• Common: Applicable to all administrative activities, such as municipal taxation, with principles relevant to all subjects.
• Autonomous: A distinct branch of law with its own general principles.
• Local: Concerned with the

Roman Law

Roman Law represents the legal system developed by the Roman people throughout their history. It comprises institutions created by the Roman people to address the situations encountered in the daily lives of citizens within their territory. This legal system is deeply connected to the core aspects of Roman life.

During imperial times, the Ius Civile Romanus was formed by new laws emerging from the emperors through their constitutions. It was in the sixth century AD when Emperor Justinian I collected the works of previous jurists (jurisconsults) in the Corpus Iuris Civilis. This led to Roman law being identified with the laws contained in the works commissioned by Justinian (Digestum, Codex, Novellae, Institutiones). It's important to...

The Legal Process: Understanding Claims and Their Elements

The legal process is initiated by a claim or declaration of will from the plaintiff or prosecutor, filed in court against the defendant or accused. In civil proceedings, it seeks the recognition of an existing right or legal position, or the conviction of the debtor to fulfill a specific obligation. In criminal trials, it aims for the sentencing of the defendant to a particular penalty.

Key Elements of a Legal Claim

Subjective Elements: Legitimacy

This refers to the legal relationship that must exist between the plaintiff and the defendant. The burden of proof for establishing both active (plaintiff's) and passive (defendant's) legitimacy rests exclusively with the plaintiff.

Objective Elements:

Ordinary General Resource Classes

Ordinary General Resource classes can be filed for any reason and apply to any type of event.

Types of Administrative Appeals

• An appeal (Alzada): This is directed against acts that do not exhaust administrative remedies. It comes before the superior body of the one that dictated the act.
• Appeal of Revocation or Replacement (Reposición): This is optional, aimed at acts that exhaust administrative remedies, and is submitted to the same body that issued the act.

Extraordinary Revision Procedures

An extraordinary revision is raised against final administrative actions before the court that ruled on them, specifically where certain circumstances prescribed by law exist:

• Error of fact resulting from the documents on file.

2. Distance Contracts

Distance contracts are those in which the contractors are not physically present simultaneously. When these contracts are held as part of a business-to-consumer relationship, they will be governed by the provisions of Articles 92-106 of the LGDCU, provided the offer and acceptance are made exclusively through any technique of distance communication within a recruitment scheme run by the employer (Art. 92.1).

Ad exemplum, the Act lists a number of techniques for distance communication (print, letters, newspaper advertising with order forms, catalogs, etc.; Art. 92.2), and a number of scenarios to which such regulation is not applicable (sales through vending machines, contracts for the construction of buildings, etc.; Art....

Liability for Corporate Debts

The responsibility of partners is personal and unlimited, meaning partners are liable with all their assets. This is a vicarious or secondary liability; the assets of the partners can only be targeted after the full execution of the company's assets. Furthermore, the partners are jointly and severally liable.

Fundamental Rights of the Partner

• Right to participate in the distribution of earnings and in the equity resulting from liquidation.
• Pre-emptive rights in the creation of new ventures or new share issues.
• Right to attend and vote at general meetings and to challenge resolutions.
• Right to information.

Officers of the Board

Unless otherwise provided in the bylaws, the President and Secretary of the general meeting shall...

Sources of Law

When discussing the sources of law, we refer to the origin of legal authority, where laws come from, and how they manifest. A source of law is the law itself.

Direct Sources

• Laws and standards: Issued by the legislative or executive branches.
• Customary law: Established social practices.
• General principles of law: Fundamental legal concepts.

Indirect Sources

• International treaties: Agreements concluded between Spain and other states or international bodies (e.g., conventions, protocols).
• Jurisprudence: Criteria consistently expressed by the Supreme Court in its judgments.

Definitions and Legal Concepts

The Law: A rule issued by a competent authority with due formalities, which is unexceptional, stable, and sufficiently promulgated.

Customary