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

Family Law: Marriage, Parentage, Adoption & Parental Rights

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Family Law and Kinship

Family law governs relationships, marriages, partnerships and affiliated kinship and family relationship concerns. It can be established by blood or by affinity.

Kinship may be lineal (direct) or collateral (indirect). Collateral kinship links individuals who share a common parentage. Degrees of kinship are measured between relatives. For some relationships there is a first degree. For legal effects, kinship is relevant for inheritance and maintenance (support).

Maintenance
Maintenance refers to obligations of support among relatives. It covers the economic obligation to provide food and support when required. Maintenance obligations can arise between direct line relatives and, in certain cases, among siblings.

Marriage:

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Crime and Deviance: A Sociological and Philosophical Analysis

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Crime and Deviance

The Nature of Crime

Crime consists of two components: prohibition and violation. Crime would not exist if there were no prohibitions and nobody willing to violate them. Humans coexist with two opposing tendencies: an impulsive component and a normative component. This duality is not found in animals, as they possess inhibitory mechanisms, while humans rely on culture.

The concept of crime has varied across time and space. Its application can also change depending on the subject. For example, monarchs historically enjoyed special immunity. Factors such as age, sex, and the concept of legal age also vary. However, we can affirm that the qualification of a subject as "criminal" aligns increasingly with human development.

Defining

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Private International Law: Conflict of Laws and Analogy in Legal Systems

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Efficiency of Space Standards

Application of standards in space involves legislative diversity across states. This requires a range of principles and rules to determine jurisdiction when foreign law applies as national law. This is the subject of private international law.

The civil code sets out the principles for this branch of law, also called conflict rules. These rules solve problems where foreign law must be applied alongside national law.

The rules are based on two principles:

  • Territorial Principle: Always applies the national law of the territory, even with foreign elements.
  • Personal Principle: Applies the personal law of the subject, even if the event occurred in Spain and the subject is foreign.

Based on the personal principle, Spaniards...

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Legal Requirements for Alimony Debt Enforcement

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The following assumptions are required for the occurrence of legal pressures regarding the non-payment of debt:

  • 1. Executory Order: Maintenance must have been decreed by an order which is executory or agreed upon in a compromise approved by the court.
  • 2. Eligible Beneficiaries: Maintenance must have been granted to one of the following persons: the spouse, parents, children, or adopted individuals. If the recipient is not one of the persons listed above (e.g., siblings or grandparents), then the constraint is not applicable.
  • 3. Default on Obligation: The obligor (alimentante) must have defaulted on their obligation, leaving one or more alimony payments unpaid.
  • 4. Court Decree: The court must decree the enforcement, which can occur by request or
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Criminal Law: Functions, Theories, and Principles

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What are the Functions Assigned to Criminal Law?

Civil legal asset protection and motivation.

What Underpins the "Absolute Theory" of Grief and How Critical is it?

They look to the past. They see the punishment as "pay" for the harm caused by crime. It is based on the idea that punishment has no other basis than the crime. The penalty exists because a crime has been committed. The basis of punishment is what is known as remuneration.

What are the Main Theories About the Penalty?

  • General Prevention: Finds the justification of punishment with the threat and is subjective to individual application (which does not respect the threat will be punished). That is, it leaves the idea of intimidation, formerly General Prevention Negative and now positive.
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Chile's 1925 Constitution: Key Reforms and Structure

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Chile's 1925 Constitution

In 1925, upon resuming the Office of the President, Arturo Alessandri decided to convene an assembly. This assembly included men from all political parties (Conservatives to Communists), representatives of social organizations, and the army. Their goal was to prepare a draft constitution to replace the 1833 Constitution.

Major Constitutional Changes

  • Shift to Presidentialism: The parliamentary system was changed for a presidential one, allowing the President to freely appoint ministers who could not be dismissed by occasional parliamentary majorities.
  • Strong Executive: Creation of a strong executive with broad administrative powers, while maintaining civil liberties and individual rights. The President serves as both Head
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Understanding Legal and Moral Accountability

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Paul Rodriguez: "It is the attitude of a person to assume the consequences of their actions."

— More than a serious attitude, it is a must.

Areas of Responsibility or Orders

Different sectors in which the subject of law bears the consequences of their actions. In each sector, specific features and principles are distinguished.

1. Moral Responsibility

This is responsibility away from enforceability.

2. Legal Liability

The obligation to take actions may be imposed by force.

  • We distinguish different areas of legal liability:
  • Civil Liability (R. Civil): It aims to repair the damage.
  • Criminal Liability (R. Criminal): It has a punitive purpose, among others.
  • Administrative Liability (R. Administrative): The purpose is to punish, but only concerning certain
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Spanish Government and Public Administration Functions

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Introduction to the National Executive

Item 2

The national executive par excellence is the Government. This is true for two primary reasons:

  • First: It is a constant body that never ceases its activity at any time, both domestically and internationally.
  • Second: The Government is subject not only to the Constitution and laws but can also make policy decisions above the law. This refers to political program options that are not subject to judicial review or merely dependent on the execution of a legal rule.

Title IV of the Spanish Constitution

Title IV of the Spanish Constitution is titled "Of the Government and the Administration," which implies a close relationship between both institutions. This includes the direction of domestic and foreign policy,...

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Legal Procedures for Civil Status Rectification and Insertion

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Trial of Insertion and Rectification Procedures

The game model does not exist. The Trial of Rectification is a special procedure, whereas the Trial of Insertion is a regular procedure.

Special Trial of Rectification

This procedure focuses on data correction involving:

  • 1. False or incorrect information: Erroneous data entered into records.
  • 2. Default: A lack of requirements as mandated by law.
  • 3. Prohibited mentions: Inclusion of information not required by law.

Rectification by material errors: If there is an action that overrides the suit, a trial for rectification is not sought.

Judicial and Extrajudicial Rectification Classes

Adjustments can be categorized into two classes:

1. Judicial Rectification (With Trial)

This occurs when a judge issues an executed

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Legal Requirements for Death Certificates and Civil Registry Acts

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Specific Content of the Act (Rule 477)

  • Place, day, and time of death.
  • Cause of death.
  • Personal details of the deceased: Full name, age, identification, profession, and residence.
  • Marital status: Name of the surviving spouse or predeceased spouse.
  • Children: Full names of all children, including those deceased and minors.

Special Mentions (Rule 481)

This applies if the body cannot be found or identified.

If a death occurs during a calamity and the body is not recovered, but there is conviction regarding the identity of the person, the authority may open a civil action. All circumstances must be reported to the judge of the first instance. Once the death is proven, the judge notifies the civil authority to register the death in the official records.

Probative

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