Understanding Legal Sources and Constitutional Principles in Spain
Formal Aspects of the Spanish Legal System
Constitutional Principles as Supreme Law
As a rule, constitutional principles are supreme. Under the Civil Code, the sources of law are:
- The Law: Originates from legislative decisions (Positive Law).
- Custom: Established through repeated behaviors (Customary Law).
- Judicial Precedent: Derived from court judgments (Jurisprudential Law).
- General Principles of Law (Article 1.4 of the Civil Code), such as good faith in fulfilling agreements and obligations (“pacta
Valencian Community: Institutions and Governance
The Valencian Community is a self-governing region in Spain with a rich history and unique political structure. The set of self-government institutions of the Valencian Community is known as the Generalitat Valenciana.
Historical Evolution of the Generalitat
- 1418: The General Council, initially called the “Generalitat,” was created. Its charges were valid for three years, and their functions were executive and administrative.
- 1510: The Courts approved the reorganization of the government, giving it
Legal and Political Organization of Companies: State, Law, and Systems
Legal and Political Organization of Companies
The members of a social group need to understand how to act without harming others’ interests, and who has the power to manage and resolve conflicts. According to Bodin’s 16th-century concept, sovereignty implies a supreme, indivisible, native, and legally independent power. In the 18th century, Rousseau argued that sovereignty should be held by the people, with each individual having a share of popular sovereignty. This concept has become the norm in
Read MoreLegal Classification of Goods and Property
Legal Classification of Goods
Things: Tangible objects which can be valued.
Goods: Objects which can be measured in terms of money.
The Civil Code classifies goods following a double criteria:
In Isolation or in Themselves:
Real Property (Immovable Objects):
- Real estates due to their inherent nature.
- Real estates due to their physical accession.
- Accessories integral to real estates, not physically attached.
- Documents or instruments pertaining to real estates.
Chattels or Movables (Movable Objects):
- Livestock
Core Principles of the Brazilian Constitution: An In-Depth Look
Core Principles of the Brazilian Constitution (Article 1 of CF/88)
The fundamental principles are rules that contain the most important values that inform the development of the Constitution of the Federative Republic of Brazil (CF/88). They have three relevant functions:
- Grounding: They establish all the basic rules, guidelines, and the entire system of constitutional norms.
- Interpretative: They allow for the understanding of the scope and true purpose of the law at the time of application.
- Supplementary:
Legal Aspects of Marriage, Family, and Civil Status
Marriage and Legal Capacity:
- The object of marriage is the union of two individuals.
- People with AIDS can marry.
- Individuals under 15 years of age cannot marry.
- Three witnesses are required for a valid marriage.
- This chapter is not required to enter marriage.
Societies recognize marriages, and legal personality is acquired from conception.
Death and Legal Authority:
- The forensic medical authority certifies death.
- The judicial authority orders the adjournment of a death certificate in a crime.
- The ministerial