Principles of Financial Law and Public Revenue
Financial Law
Financial law regulates public financial activity and constitutes the legal framework for public treasury management.
Public Financial Activity
Public financial activity involves the management of revenue and expenses by the state and other public entities to satisfy collective needs.
Characteristics of Financial Activity
- Economic Activity: Accomplished through the management and movement of public funds.
- Legal Activity: Governed by principles and rules studied within financial law.
- Public Activity: Focused on the subject and object of satisfying collective needs.
- Instrumental Activity: Serves as a tool to satisfy public requirements.
Public Treasury
The public treasury is the set of rules and principles governing public financial discipline.
- Subjective: Includes all public entities that manage income and spending.
- Objective: A set of rights and obligations of an economic nature belonging to the state and other public entities.
Areas of Financial Law
- Tax Law: The study of tax revenues.
- Public Debt Law: The study of revenues the state receives through credit.
- Patrimonial Finance: The study of income derived from the exploitation of public assets.
Types of Public Property
- Public Domain Goods: Assets owned by public entities, dedicated to general use, and protected by the principles of inalienability, imprescriptibility, and unseizability.
- Capital Assets: Public assets not dedicated to general use or public service, subject to a legal regime similar to private property.
Legal Concept of Tribute
Public tributes are cash benefits demanded by public administration as a consequence of the realization of a taxable event, with the primary purpose of funding public spending.
Doctrinal Concept of Tribute
A cash benefit required by a public entity characterized by:
- Coercive: Provided unilaterally by the public entity through constitutional procedures, without requiring the consent of the subject.
- Contributory: Intended to cover public costs.