Venezuelan Commercial Law: Sources, Hierarchy, and Commercial Acts
Item 2 to 4: Articles 8 and 9 of the Commercial Code (CDC)
Article 8. In cases not specifically addressed by this Code, the provisions of the Civil Code shall apply.
Article 9. Mercantile customs supplement the Act if the facts are uniform, public, usually executed in the Republic or in a particular locality, and repeated over a long period of time, such that the judges appreciate them prudently.
Source Concept
When discussing sources of commercial law, we refer to the concept of formal sources, i.e.
Read MoreRoman Legal Personhood: Status, Capacity, and Associations
Shame De Facto (Turpitudo)
Also called “Turpitudo.” It was regarded as “bad reputation” in society, but no specific causes or consequences were assigned. Sometimes, individuals who committed such acts of infamy were declared unfit to be witnesses. Regardless of specific causes, individuals in certain professions (actors, gladiators, prostitutes, etc.) were considered infamous de facto. Women who remarried before completing their first year of widowhood, individuals convicted in a public trial for
Read MoreSpanish Commercial Law: Sources & Company Legal Structures
Spanish Sources of Commercial Law
1. Source: Commercial Law
Article 2 of the Code of Commerce states that commercial matters are governed by its provisions, encompassing not only the Code itself but also any applicable law. Commercial law, as the primary source of state discipline, includes written rules (codified or not) regulating commercial matters. These include legal provisions (laws, legislative decrees) and administrative arrangements (decrees, ordinances, resolutions). Commercial rules are
Read MoreCriminal And Administrative Offenses: A Legal Analysis
1. Official Criminal Offenses
Question: Can a person whose appointment is revoked by the courts due to lacking qualifications be considered an official for criminal purposes?
Answer: For immediate provision of law, someone performing public functions without the required qualifications is not considered an official for criminal purposes. However, this doesn’t exclude the possibility that the Criminal Code might sometimes consider the quality of the individual performing certain functions. A different
Read MoreThe Attorney-Client Relationship and Legal Procedures
Unit I: The Attorney-Client Relationship
The Attorney
An attorney, having graduated from law school, practices law by defending the rights and interests of clients. Their role extends beyond courtroom representation, encompassing legal advice and involvement with various organizations. Attorneys can hold public office and participate in political activities. As auxiliaries of justice, they inform the judge of facts and evidence supporting claims, avoiding any inducement of judicial error.
Conflict
Conflict
Read MoreEffective Judicial Protection: Rights and Guarantees
Effective Judicial Protection: Rights and Guarantees
The right to an effective remedy ensures that individuals can protect their rights and interests, not only through courts but also through other lawful means. This right prevents helplessness and ensures legal defense. It includes:
- A) Free Access to the Process
- Right to access the courts and be part of a due process.
- Right to choose the appropriate judicial path.
- Right to identify parties involved in the legal action.
- B) Right of Defense,