Intrinsic and Extrinsic Limits of Subjective Rights: Spanish Law Analysis
Intrinsic Limits of Subjective Rights
The limits of subjective rights are divided into intrinsic and extrinsic.
Intrinsic Limits
Intrinsic limits are inherent to the nature of law. These include:
- Limits from the nature of law itself: For example, Articles 767 and 1768 of the Civil Code (CC). Article 1768 governs the right to deposit, meaning a landlord cannot use the deposited item.
- Limits resulting from good faith: Article 1258 of the CC requires creditors to exercise their rights within the bounds
Spain’s 1812 Constitution: Origins, Content, and Impact
Forms of Struggle
Guerrillas
Consequences of War
The war was very expensive, leading to a loss of international status and a climate of expectation regarding Fernando VII’s captivity in Valençay. Napoleon attempted a treaty of peace and friendship, but the Cortes rejected it. Liberals aimed to ensure the Constitution’s survival, condemning to death those who proposed constitutional changes and refusing to accept the de jure king until he swore allegiance to the Constitution.
The Constitution of Cadiz
The
Read MoreInternational Commercial Sales: Understanding Incoterms and CIF Contracts
1. International Sales and Trade Law
Trade Law originated in the eleventh century. Article 2 of the relevant legislation establishes the value of use in commercial transactions. This value is crucial in international commercial sales and purchases. In private law, disputes arise when each state applies its own laws. However, in commercial law, disputes are often minimized through the use of standardized model contracts worldwide.
We will focus on the Incoterms model, which standardizes sales contracts,
Read MorePrivate International Law: Rules, Sources, and Key Principles
Item 1. Fundamentals of Private International Law
1. Introduction
When a legal relationship involves two or more state legislations, a conflict of Private International Law arises. This necessitates determining which law applies to that relationship.
This need stems from two factors:
a) Sociological Factor:
- Cosmopolitanism: Human interaction and travel across borders have created a borderless society.
- Globalization: Increased integration and interdependence among nations necessitate legal frameworks for
Administrative Organs & Acts: Structure, Powers, Procedures
Administrative Organs
Types and Functions
Administrative organs are units assigned functions with legal effects on third parties. Types include:
- By number of people: Single or Chartered
- By activity: Active or Advisory
- By function: Management or Control
- By territorial scope: Central or Peripheral
Scope of Authority
Authority is the relationship between public purposes and administrative power. Powers are defined by law, considering:
- Hierarchy: Static (echelon) and Dynamic (orders and conflict resolution)
- Coordination:
Principles of Criminal Law and Legal Interpretation
Principles of Criminal Law
From Aristotle to Kant, humans are considered sociable beings interacting within society. The state’s power to punish must be exercised within legal and fundamental rights, preventing a police state and protecting individual liberty.
The rule of law requires punitive power to be subject to legal boundaries and principles. Individuals are protected by criminal law, which prevents crime and limits punitive authority.
Sources of Principles:
Nationwide Routes
A) Constitutional
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