Electoral Proclamation Challenges and Taking Office

Electoral Proclamation Challenges

The complaints and protests are a necessary procedural action to access the electoral dispute. The purpose of this resource is outlined in art. 109 LOREG, which allows for judicial review based solely on the acts by which the Electoral Board proclaims elected officials, and acts of the City Councils and County Councils declared by their respective Presidents.

During the litigation, the review cannot be extended. Therefore, a general review of the Electoral Administration’

Read More

Public Charges and Economic Freedom: A Constitutional Analysis

Article 19 N° 20: Equality Before Public Charges

It refers to any charge or requirement unilaterally imposed by the state on individuals for the general interest of society, affecting either their property, taxes, or freedom. This definition distinguishes two types of public charges: those affecting property (real public charges) and those affecting personal freedom. Examples of real public charges include taxes, contributions, and fees. These may involve monetary compensation from the State, while

Read More

Justifications in Criminal Law: Self-Defense, Necessity, Duty

Justifications in Criminal Law

Article 20 (4, 5, 7) of the Criminal Code (CP) addresses justifications. Justifications are special situations in which an unlawful act is committed, but there is no rule that allows or requires it. For example, killing in self-defense is allowed. These are included in Section 20 (4, 5, 7), although that provision, in other sections, also lists defenses and causes of insanity. We clarify that justifications eliminate illegality. Causes of criminal responsibility eliminate

Read More

Justinian’s Code and Roman Law: A Historical Overview

Justinian and His Legislative Work

The Corpus Iuris Civilis is absolutely one of the crowning works of the human spirit. At the time of Justinian’s rise to power, the central idea was to restore the ancient unity and greatness of the empire through arms, religion, and law. To conduct a legal compilation completed in such a short space of time, he had a man named Tribonian. The collection consists of a code of laws and an institutional manual.

  • Volume I contains the Institutions
  • Volume II contains the
Read More

Classical and Positivist Criminology: Theories and Impacts

Classical Criminology and the Positivist Revolution

Classical Criminology Theory

Classical criminology theory can be summarized as follows:

  1. All individuals may commit crimes.
  2. There is a consensus on protecting private property and personal welfare.
  3. Individuals hold a contract with the state to preserve peace.
  4. Penalties should be used as a deterrent.
  5. Penalties should be proportional to the interests violated.
  6. Each person is responsible for their actions, and all are equal before the law.

Classical theory

Read More

Business Entities: Types and Legal Structures

Types of Companies and Their Legal Forms

Individual Business

Sole Proprietorship: A sole proprietorship is a business owned and run by one person, where there is no legal distinction between the owner and the business entity. A sole trader is an individual who engages in a trade, business, or profession. The owner must be of legal age and have full availability of their assets. There is no required minimum capital. The business name must be the holder’s name. Profits are taxed as personal income.

Private

Read More