Francoist Spain: Institutionalization, Consolidation, and Economic Development (1937-1975)

1. Regime Institutions and Consolidation

1.1 Institutionalization

In April 1937, Franco unified Carlists and Falangists, creating the Spanish Phalanx. Led by Franco, its rules were inspired by 27 Phalanx points, with an ideology close to European fascism. The official state doctrine included:

  • New symbols: the blue shirt, Carlist red beret, and Fascist salute.
  • The idea of a unified Spain.
  • Rejection of the 1931 Constitution.
  • Rejection of Liberalism and Communism.

a) 1938-1942

Franco enacted laws and socio-

Read More

Ancient Roman Laws: A Compilation of Legal Texts

Table 1

  • If someone is quoted as correct, it is valid. If you do not attend, the removal of testimony is valid.
  • If you try to avoid or run away, it will be thrown by hand.
  • If there is disease, old age, or illness, a saddle will be granted.
  • If you do not want it, do not give the donkey.
  • The guarantor of the owner must be the owner. For the poor, one who wants to go bail for him.
  • When making a pact, advertise it. If you do not agree, present your case in elections or in the forum before noon.
  • In the oral
Read More

Spanish Legal Remedies: Reforma, Appeal, Cassation

Item 20. Remedies: Classification and Application

1. Classify the following remedies: reforma, appeal, and cassation appeal.

A. Resources: Reforma and supplication.

B. Ordinary Remedies: Appeal

C. Extraordinary Remedies: Reforma, supplication, cassation appeal.

D. Devolution: Appeal, cassation appeal.

E. Non-returnable: Reforma, supplication.

2. Match the remedies to the resolutions and responsible courts:

  1. Judgment rendered by the Supreme Court of Castile-Leon: Cassation appeal to Court II of the Supreme
Read More

Administrative Regulations: A Deep Dive

Administrative Regulations

Administrative regulations are legal norms derived directly from the Administration. They are crucial for the Civil Service to function effectively.

Definition

Administrative regulations are general administrative provisions subordinate to the law. Their key features include:

  • Issued by Directors-General
  • Applicable to all citizens
  • Lower legal hierarchy than laws

The Administration has the statutory authority to issue regulations. It’s important to distinguish between administrative

Read More

Religious Freedom and State Models: A Legal Perspective

Model Force

1. State Religion (Denominational)

1.1. Features

  • Recognition as an official state religion in laws or covenants
  • Protection of a particular religion by the state in law
  • Commitment to inspire law on religion

1.2. Distinction Between Models

  1. Theocratic State: The government is attributed directly to God, identifying policy and theology. There is no duality of powers.
  2. State that Maintains Relations with the Holy See
  3. Dictatorial Rule: There are democratic countries (e.g., England) that are denominational.
Read More

Usucapion and Usufruct in Roman Law

Item 7: Usucapion

Usucapion is the acquisition of ownership through continuous possession of a thing for a period determined by law, requiring good faith and just title. Known in Spanish Civil Law as adverse possession (Art. 609 CC), it’s a derivative acquisition mode with aspects of original acquisition.

Requirements:

  • Possessio: Corpus (physical control) and Animus (intent to possess).
  • Title: Legal act showing the acquirer didn’t harm the previous owner’s rights.
  • Tempus: Justinian law set 3 years for
Read More