Understanding Executive Procedures: Enforcement and Legal Actions
Executive Procedure
The declarative procedure is one in which a plaintiff sought a right only, whereas the enforcement procedure is the process of complying with an obligation, in which there is already a recognized right in a sentence or a tool that the law has given the executive character and the debtor has not fulfilled its obligation.
The CPC establishes procedures for the enforcement of an obligation forced.
Executive Incidental Trial
Also called incidental performance award or enforcement proceedings
Read MoreKey Aspects of Business Law: Conditions, Consent, and Capacity
Key Aspects of Business Law
Incidental Items of Business Law:
Status: It is a constraint imposed voluntarily on a business, the effects of which will depend on an uncertain or future event.
The End: It is a voluntary limitation on the conclusion of a business, where the desired effects are produced from or until a certain time. The business begins the moment the declaration of will is made, although its effectiveness is subject to compliance with the deadline.
Mode: It is a determination that is joined
Read MoreUnderstanding Legal Sources: Laws, Treaties, and Regulations
The Law: A Primary Source
The law is a crucial source, emanating from elected bodies, reflecting the people’s sovereign will. It stands above other sources, yet under the Constitution, a higher power. In democracies, Parliament or Congress exercises legislative functions. Legally, the law is a declaration of sovereign will, as stated in the Civil Code: “The law is a declaration of sovereign will expressed in the form prescribed by the Constitution (Politics), commands, forbids or permits” (Article
Read MoreCrimes Against Public Administration: Usurpation, Violence, and Bribery
Usurpation of Functions
Anyone who usurps a public function without a title or appointment, or the ability to provide military or police orders, or who, being stopped, suspended, or dismissed from office, continues exercising it, or exercises the functions of a different position than the one they have, will be punished by a term of imprisonment of not less than 4 nor more than 7 years and disqualification for 1 to 2 years under article 36, inc. 1 and 2.
Example: The crime of usurpation is committed
Read MoreCommercial Uses: Types, Training, and Legal Implications
Commercial Uses in the Legal Code
Commercial uses refer to the consistent and repeated conduct of traders in their businesses. The significance of these uses is rooted in their origins. Commercial law, by its customary nature, highlights the historical importance of trade practices as a primary source of law. These uses emerge from the daily activities of traders and historically stem from agreements among merchants. Initially, these agreements were included in written contracts, but through repetition,
Read MoreEmployer Liability and the Married Business Owner
Employer Liability
The employer exercises a particular economic activity in a series of acts which must respond. From an economic standpoint, the employer assumes the risk of their business; from a legal perspective, the assertion is that they assume responsibility.
First, that the property meets the entrepreneur; secondly, that made answers; and finally, how people respond.
- The employer is liable as any debtor, with all its present and future assets (art. 1911 CC). The liability of the individual