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

Decree-Law: Concept and Legal Basis

Decree-law: The executive is empowered to issue rules with the force of law, subject to control by the Poder Legislativo (the legislature). Concept: Article 86 EC. These are temporary legislative provisions which the Government may issue in cases of extraordinary and urgent necessity. When they have the force of law, they may amend or repeal other rules (ley).

Conditions for Adoption

Factual premise: There must be a case of extraordinary and urgent necessity that needs to be regulated by law. Consequently, it is lawful to adopt this instrument only when it is impossible to carry out the legislative mandate through the ordinary lawmaking process in Parliament. The notion of impossibility refers not only to the...

Peace Courts

These courts are established in all municipalities where there are no judges of 1st instance and instruction. They are presided over by a lay judge, as a law degree is not required. They serve a term of 4 years. When a vacancy occurs within a city, the City Council selects a nominee and sends that nomination to the court of 1st instance of the judicial district, which then forwards it to the government chamber of the Supreme Court for the official appointment. They are compensated for their work and are permitted to perform professional or commercial activities. They handle civil small claims, manage the Civil Registry, and address specific criminal offenses attributed to them by law.

1st Instance and Instruction Courts

These courts...

Electoral Management Bodies

The electoral administration is responsible for ensuring the transparency and objectivity of the election process. It is structured around two main pillars: the Census Office and the Electoral Boards.

1. The Electoral Census Office

The Electoral Census Office is responsible for obtaining the data of all Spanish citizens eligible to vote and stand for election. It determines who is entitled to exercise their right to vote.

Key Features of the Electoral Census

• Eligibility: It must contain the entry of everyone who is eligible to vote.
• Unicity: The census should be unique for all types of elections.
• Mandatory Registration: Registration in the census is mandatory.
• Data Prevalence: In case of doubt between two conflicting data

Hierarchy of Spanish Courts

The following sections describe the hierarchy of courts in Spain and the main characteristics of each court type.

Justices of the Peace

Justices of the Peace (Jueces de Paz) have the following attributes:

• Minimum age: 18 years.
• Must know how to write.
• Can resolve small local issues and handle certain administrative formalities.
• Keep civil registration books (marriages, births, deaths, divorces).
• Are usually chosen by the municipal council and frequently found in villages.
• Exist in every municipality where there is no Court of First Instance and Instruction.
• They are not professional judges and are elected for four-year terms.

Courts of First Instance and Instruction

Courts of First Instance and Instruction (Juzgados de Primera...

Ineffectiveness of Contracts

A contract is considered ineffective when it lacks legal effect, meaning it fails to create binding obligations.

Void Contracts

Void contracts are agreements that do not give rise to any legal obligations, despite appearances. This represents absolute ineffectiveness.

Assumptions for Void Contracts:

• The contract is missing one or more essential elements at the time of conclusion.
• The contract violates mandatory legal rules.

Voidable Contracts

A voidable contract is initially valid and creates binding obligations, but it is subject to challenge by one of the parties. If successfully contested, the contract is canceled, ceasing to be binding and extinguishing past effects.

Example:

In a voidable sale, if one party contests...

Private Law

1. Civil Law

Civil law is the set of legal principles and rules governing the general requirements of legal acts, the organization of family, and private property. It serves as the general common law.

Civil Law Content

• Regulates individuals, their definitions, classes, skills, and attributes.
• Governs legal acts and obligations.
• Contains the organization of marriage and family.
• Regulates property rights, including definitions, types, methods of acquiring ownership or control, and limitations.

Characteristics of Civil Law

• National Private Law: Governs relations between individuals within the territory of a state.
• General Private Law: Governs all private relationships, regardless of status, sex, profession, or nationality.

Sources of Civil Law

• Constitution

Economic Assets: Definition and Scope

An individual's economic assets consist of the total set of their assets and debts. Responsibility for debt affects all possessions held by an individual once voluntary compliance fails.

Classification of Assets

• Immovable Property: Includes mines, farms, land, and incorporated objects.
• Movable Property (Furniture): Items capable of being transported from one point to another and subject to appropriation.

Real Rights on Immovable Property

Real rights are borne directly on an object, establishing an immediate and direct relationship (e.g., an owner may prevent unauthorized entry). These rights persist regardless of the holder.

1. Classes of Real Rights

• Enjoyment: Rights to use or benefit from a property.
• Guarantee:

Political Groups: Evolution and Function

These political groups are different from those of today, operating both in Parliament and in public opinion. From a political point of view, it should be noted that initially, significant groups were those with a specific activity and those linked to their position as representatives in Parliament. The key feature is that there was no organization.

They had an informal character. Schools of thought were primarily specific cases but may or may not have coincided in their assessment.

Their function differed depending on the practice of each country. Two situations could occur:

• In the event that the State had a solid agreement on the budget, the parties acted with a permanent tension between them, creating

Understanding Negotiable Instruments

The law of negotiable instruments defines the set of rules governing securities. These instruments allow credit to transfer easily between parties, remaining independent of the specific business or personal exceptions that may exist between the original signatories. The right is embodied in the document itself, often referred to as a title cartouche. This document represents a credit right independent of the underlying legal relationship, allowing it to be transferred freely via simple delivery (tradition) or endorsement.

The Nature of a Check

A check is a payment instrument drawn against a bank, based on funds deposited by the drawer or a credit agreement. The essential nature of a check is that it is payable...