Spanish Constitution: Structure, Rights, and Autonomies
The Spanish Constitution
Structure and Function of Government
The last PSOE and the first PP government needed the support of other parties, known as hinge parties (CiU, PNV, CC). While the last PP government held an absolute majority, the current PSOE government does not and requires the support of other parties to pass laws. It is difficult to obtain absolute majorities due to the proportional distribution of seats in Congress. To ensure government stability, the Constitution mandates a constructive
Read MoreDebt Securities and Credit Titles: A Comprehensive Study
Debt Securities and Credit Titles
Introduction
Credit titles establish a claim held by a creditor, who is entitled to compel the debtor to make payment. Debtors require these documents to exercise their rights.
Definition of Debt Securities
Debt securities are commercial instruments, and all transactions related to them are considered acts of trade. These documents are essential for exercising the rights they represent.
Characteristics of Credit Titles
- Documented
- Literal
- Intended for circulation
- Necessary
Understanding Legal Norms and Their Application
Law: Its Meaning and Evolution
Law, derived from the Latin word directum, meaning “under the rule,” encompasses the mandatory rules established to achieve the common good. Law is not a precise science; rather, it’s a social construct, reflecting the values of a community. Throughout history, law has transitioned from natural law to positive law. Various perspectives define law, including:
- Natural justice, a virtue par excellence (Justinian)
- Acting honestly, avoiding harm, and giving each their due
- An
Individual Subjects in Roman Law
II. The Subjects of Family Law and the Individual
Item 13: The Individual: Budgets of the Individual Subject
This study concerns the concept of the individual as a subject in Roman law. Law posits the existence of a subject, an object, and the relationship between them. The word “person” comes from the Latin “personario,” meaning “mask, to sound louder.” This term originated in Roman theater, referring to the masks actors wore. Over time, the meaning evolved to encompass the individual in all aspects
Read MoreCriminal Law: Offenses Against Persons and Property
Crimes Against Persons
Sexual Harassment
An individual (typically male) who repeatedly, with lewd intentions, harasses another person of either sex, exploiting a position of hierarchical power derived from professional, educational, domestic, or any relationship involving subordination.
Sexual Abuse
A person (male or female) who, without consent and without the intent of intercourse, performs a lewd act on a person, forces them to perform a lewd act, or forces them to engage in oral sex through physical
Read MoreCompetition Law and Economics
Competition: Protection and Control
Protecting the Marketplace
Competition is essential for a functioning market. Therefore, it must be protected from harmful behaviors and activities. The definition of adequate economic protection (distinct from legal protection) varies across different regions.
European Trend (Since 1950)
W. Fikentscher proposed a triple function of competition law:
- Policy-Legal: Protecting the playing field in the market.
- Political-Economic: Protecting trade relations.
- Political-Social: