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

The Spanish Transition to Democracy

The transition process began with the death of General Franco. With the enactment of the last fundamental laws of the 1967 Franco-era Organic Law of the State, the problem of succession arose, and thus the continuity of the authority system. The former King, Don Juan Carlos, was appointed successor as head of state, and President Carrero Blanco's government was appointed. New facts arose that made the survival of the Franco regime irreversible: the assassination of Carrero Blanco in 1973, economic transformation involving changes in society, both in the active population and in customs and ideas, the transformation of the Catholic Church, and the conversion of the Greek and Portuguese dictatorships into democracies....

Understanding Hereditary Delation: Concept, Nature, and Rights

Hereditary delation encompasses the concept, nature, content, and various classes of the call to inheritance, along with the crucial right of transmission.

Concept and Modes of Succession

The modes by which succession is conferred are:

• Succession is conferred by agreement, by will, or by operation of law.
• The different modes of delation are compatible with each other.

The Call to Inheritance: Delation and Acceptance

As previously stated, hereditary delation is the actual call made to a person's successor, enabling them, through acceptance, to acquire the inheritance. It is clear that delation presupposes a prior call and will be extended to all potential heirs with a hereditary vocation,...

Opening of Succession and Hereditary Vocation

The Opening of Succession

The succession opens solely upon the death of the deceased. Unlike historical precedents involving criminal convictions, religious profession, or civil death, modern law relies exclusively on the fact of death.

Our legal system recognizes the opening of succession in cases of both proven death and presumed death. The date of opening must correspond to the time the death is understood to have occurred, as established by court declaration. Ultimately, Article 657 states: "The rights to the estate of a person are transmitted from the time of his death" (LS Art 5.1 and 6.1).

Legal Significance and Jurisdiction

The timing of the opening is critical for determining the existence,...

Administrative Silence: Concept and Scope

Unlike expiration, administrative silence provides an answer on the substance of the matter.

Types of Administrative Silence

• Negative Administrative Silence: The interested party may consider their claim rejected by silence, allowing them to file administrative or judicial appeals as appropriate (Art. 43.3).
• Positive Administrative Silence: The perfection of administrative silence implies the approval of the claim made by the individual.

Cases of Silence

• Article 43.1 establishes that in proceedings initiated at the request of the interested party, if the maximum deadline for notification passes without a resolution, the request is understood to be estimated or rejected by administrative silence, as appropriate.

American Legal Realism: Llewellyn and Frank

American Legal Realism (ALR), championed by figures like Karl Llewellyn and Jerome Frank (the more radical proponent), represents a proactive defense of the law, emphasizing its operation in the hands of legal practitioners.

ALR is not a homogeneous school but rather a heterogeneous movement. Its proponents did not aim to create a finished, abstract theory of what is right, but rather to influence the practical application of law in America. This movement is fundamentally based on pragmatism and characterized by a deep distrust of abstract reason.

Pragmatism and the Instrumental View of Law

Pragmatism, the philosophical foundation of ALR, holds that:

1. The truth of a statement depends on the usefulness of

A standard collective agreement is very unique. Its uniqueness lies not only in its origin outside state regulatory power, but it is also complex and mixed.

In effect, the collective agreement is at the same time a contract and a standard. The collective agreement, by its origins, is a contract, agreement, or covenant, but its effect is a standard for the purpose of regulating working conditions.

And this resulted in a series of consequences (its dual nature).

Collective Agreement as a Covenant

As a pact, it creates certain obligations that the parties arrange. These obligations are what has become known as the "obligational content of the agreement". This "obligational content" is in any agreement, meaning that parties to it are bound by the agreement....

The Roman Senate

The Senate was the second major element of Republican politics. Its predominance was a natural consequence of having classic annual magistrates.

The Body of Nobilitas

The Senate was the most important body, representing the Nobilitas. Senators were composed of Patres (patricians) and Conscripti (plebeians).

Election and Selection

Senators were elected via plebiscite (318–312 BC) to transfer the functions of consuls to the senators. This plebiscite prescribed the method for electing senators.

Political practice determined the graduation of judges eligible to serve as senators. First, the censors wrote to former dictators and ex-censors. After the former consuls, the Senate met when convened and chaired by a judge who held Agendi

Industrial Property Law and Creations

Industrial creations are the result of human activity aimed at resolving a technical problem to meet the needs of the community. It is important not to confuse scientific invention and discovery. While the former must always solve a technical problem in such a way that meets human needs, the latter may be purely speculative, with no direct industrial application. The models and industrial designs, meanwhile, bring a new aesthetic to the object's configuration.

Types of Exclusive Rights

The exclusive rights over industrial creations are of two kinds:

1. Substantive background creations: These are inventions on the merits.
2. Form-based creations: These are of an ornamental nature, specifically models and industrial

Fundamental Logical Principles

Principle of Sufficient Reason (Principium Rationis Sufficientis)

States that for any proposition to be true, it requires a sufficient reason.

Logical Principle of Contradiction

States that two contradictory propositions cannot both be true simultaneously.

Logical Principle of the Excluded Third

States that two contradictory judgments cannot both be false.

Legal Principle of Sufficient Reason

This principle depends on the validity of any rule of merit.

Core Concepts of Legal Norms and Duties

Norms and Their Classification

• Norm (Norma): Any rule of conduct that is mandatory.
• Unilateral Norm (Norma Unilateral): A mandatory duty imposed without granting correlative rights or abilities.
• Bilateral Norm (Imperative-Attributive):