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
Understanding Debt and Payment in Civil Law
Item 6: Concept of Liability, Sources, and Related Items
Concept of Required Relationship
The obligation, or debt, owed to the creditor can be the sole content of a mandatory relationship. For example, if A pays €100 to B without interest, there is no obligation to repay the sum. However, the obligation is usually one component within a larger legally binding relationship.
Characteristics of the Required Relationship
- Dynamism
- Temporality
- Good faith
Characteristics of the Creditor’s Right
- It is a means
Understanding Legal Forms for Businesses
Legal Forms
Introduction
From a legal standpoint, there are two main types of firms:
- Sole Trader: A person who bears all the risks and rewards of a business on their own.
- Societies: Several individuals who decide to pool their efforts and resources.
Individual Entrepreneur (Empresa Individual)
This is the simplest and most common legal structure. To be an individual entrepreneur, one must be 18 years old or an emancipated minor with free disposal of assets. There is no legal distinction between the assets
Read MoreSpanish Social Security Employer and Employee Obligations
Employer Registration
Every employer (individual or entity, public or private) hiring personnel covered by the Spanish Social Security system (SS) must register with the SS. This registration is a prerequisite for starting operations and must be done at the Provincial Treasury of the SS in the province where the business is located.
Company Enrollment Steps
- Register at the Provincial Treasury of the SS.
- Receive a contribution account code for identification.
- Choose between a mutual insurance company
International Law Principles and Statehood
Item 3. Positivism and Dogmatic Approaches to Law
With the Vienna School, particularly Kelsen’s Pure Theory of Law, positivism emerged. This theory views law solely as a set of technical concepts and categories used to interpret legal rules through rational and deductive reasoning.
Kelsen aimed to separate law from extra-legal considerations. He envisioned law as a pyramid of rules, with the validity of each rule stemming from a superior rule. This hierarchical structure culminates in the grundnorm,
Read MoreEvidence in Criminal Trials
Defendant’s Statement
Within the trial regulation, confession is not solely expected. Crimes under indictment are considered (Article 688 et seq. of the Spanish Criminal Procedure Law). However, a crucial step from the perspective of proof and the accused’s rights is often overlooked: the right to be heard by the deciding authority.
Regarding its form, the defendant’s statement is governed by the same safeguards and requirements as other phases of the trial. Essentially, it involves obtaining knowledge
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