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

Civil Society vs. Commercial Corporations

This section outlines the major differences between civil society organizations and commercial corporations, focusing on their legal structure and liability.

Defining Civil Society Organizations

Definition

Designates the diversity of people with the rank of citizens, who generally act collectively to make decisions in the public domain outside the government structure.

Formation or Constitution

Consensual (often without limited liability).

Liquidation Process

Settled by arbitrators.

Statute of Limitations (Prescription)

Applies the statute of limitations of the Civil Code.

Liability of Partners

It is unlimited (with all assets) and in proportion to their contributions.

Defining Commercial Corporations

Definition

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Understanding Subjective Rights

The subjective right is a power that allows a person to demand something from another, establishing a legal status regarding their possessions. These rights are classified into real rights (concerning things) or credit rights (property obligations). Subjective property rights are absolute and erga omnes (enforceable against all).

Distinctions in Legal Concepts

The doctrine of subjective rights relies on economic concepts, whereas family law operates under different principles. In family law, we speak of potestades (powers) rather than subjective rights. Marriage is not a property-based content but is intimately linked to family formation. Personality rights are non-property assets, recognized as innate to the human...

Modification and Termination of Obligations

Obligations can undergo two types of modifications:

1. Subjective Change

This occurs when the legal relationship changes the debtor or the creditor.

• Changing the Debtor: Fulfillment will be carried out by someone other than the original debtor, provided the creditor consents.
• Changing the Creditor: This can occur without the consent of the debtor.

2. Objective Modification

This involves changes to the situational elements of the obligation, such as a change in the location or time of performance.

Assignment of Commercial Contracts

In commercial practice, the Civil Code (CC) does not explicitly regulate this issue. However, according to jurisprudence, assignment is admissible under Section 1.255.

Requirements

Social Irregulars

If a company has effective traffic, it concludes that it is relevant and cannot be ignored. If a company is a collective society, that discipline (mercantile society) is governed by the most rigorous, and defends third parties. If the right of the form adopted is simple, applicable standards are of this type. If it is a public limited company, limited by shares, or limited, the rules of civil society are applied, as it is, to its obligations and activity. The irregular company is valid. Joint and several liability. Article 120 of the Commercial Code establishes the managers against third parties.

De Facto Companies

The name of the company, despite being affected by a defect of nullity, or cancellation, has come to intervene in...

Tax Debt Components According to Article 58 LGT

Article 58 of the LGT sets the following:

1. The tax debt consists of the fee or amount to be recovered resulting from the primary tax liability or the obligation to make payments on account.

2. Also, eventually, the debt may consist of:

• a) The interest of demora (late payment interest).
• b) The statement surcharges for late filing (extemporánea).
• c) Enforcement period surcharges (ejecutivo).
• d) Legally enforceable penalty charges on contributions or bases for the Treasury or other public bodies.

The concepts that, under this item 2, are added to the quota sometimes come from different situations:

• a) The default interest tends to offset the administration for the delay in meeting the payment obligation.

Item 7: Stocks II

The Bill of Exchange

Definition: A bill of exchange is a literal and abstract negotiable instrument containing an express mandate to pay a specific sum of money to a designated person or to their order. It is a document designed for circulation due to its ease of transfer.

Economic Functions

• Provides a means of payment.
• Serves credit functions.
• Acts as a guarantee.
• Can be endorsed to a third party or used as collateral.

Legal Regime Requirements

• Must be issued on stamped paper.
• Must be written in the appropriate language.
• Must include a specific date and place of issuance.
• Must identify the drawee (payer), the payee (beneficiary), and the drawer (issuer).
• Must contain a pure and simple mandate to pay a specified amount in euros.
• Must indicate

Classifying English Law

English law is broadly classified into public law and private law. Public law governs the relationship between citizens and the State (the Crown). It encompasses areas such as constitutional law, administrative law, and criminal law. Private law, also known as civil law, defines the rights and obligations of citizens in their interactions with each other.

Sources of English Law

The term "sources of English law" can be understood in three ways:

• Historical Roots: The foundational origins of law from a purely historical perspective.
• Repository of Law: The places where laws and jurisprudence can be located and examined.
• Law-Creating Institutions: The bodies responsible for creating law.

Historical Sources

Historically, early influences...

John Locke's System of Government Controls

The primary objective of political action, according to John Locke, is the preservation of individual rights. His system relies on several key pillars:

1. Subjugation of Public Authority to Law

Public authorities must remain subject to the conditions of the original contract to avoid arbitrary actions. This conceptualization assumes:

• The existence of a constitutional government.
• The priority of the legislature over other state powers.
• The right of the assembly to depose monarchs.

2. Effective Division of Powers

Locke pioneered the theory of the separation of powers, distinguishing between:

• Legislative Power: Corresponding to Parliament.
• Executive Power: Held by the Crown and its government.
• Federative Power:

The Concept of Law: Objective and Subjective

The law is traditionally taught in two senses. It can be understood in an objective sense, as the rule of law addressed to recipients to prescribe or impose a certain behavior. Alternatively, it can be understood in the subjective sense, as the possibilities for citizens to exercise powers for the satisfaction of certain interests, according to their own devices.

Technical Structure of Subjective Rights

• Subject: The presence of a subject is required for every right; that is, the person to whom the power belongs when the law is applied. The quality of the membership of the subjective right to a particular person is the title.
• Object: This is the holder of the outside world on which their power rests.

The Principle of Free Movement of Workers

Article 45 TFEU guarantees the free movement of workers within the European Union. Its purpose is to allow nationals of one Member State to move to another Member State in order to work there, without suffering discrimination or unjustified restrictions.

Defining the Migrant Worker

A migrant worker is, in general, a national of a Member State who performs genuine and effective work in another Member State, under the direction of another person and in return for remuneration.

Non-Discrimination and Equal Treatment

The main right protected by Article 45 is the abolition of discrimination based on nationality. This means that migrant workers must be treated in the same way as national workers as regards access...