Retention Schemes and Special Features in Brazilian Law
Retention Scheme (CPC art. 542, § 3)
Against Interlocutory Decisions
Retention applies only to interlocutory decisions and occurs at the time of the offense. Retaining the aggravation is the rule for challenging an interim decision. This is maintained because the principle aims to prevent harm and is held until the trial’s conclusion. The decision can be supportive, and you may not want it to be judged. An interlocutory decision causing harm is entered with the wrong instrument. Suppose an interim
Read MorePromissory Notes, Bills of Exchange, and Checks: A Comparative Overview
The Promissory Note
A promissory note is a written, unconditional promise by one party (the maker or subscriber) to pay a specific sum of money to another party (the payee or holder) at a future date or on demand. It’s a key instrument in credit transactions.
Content Requirements
- Statement to be paid: The note must clearly state the amount to be paid. Without this, it may not be legally recognized as a credit instrument.
- Unconditional promise: The promise to pay must be absolute, distinguishing it
Tangible & Intangible Rights and Obligations
Tangible and Intangible Rights
Tangible Rights
Tangible rights pertain to real, perceptible objects, such as a house or a book.
Intangible Rights
Intangible rights consist of abstract rights, such as credits or easements.
Tangible Assets
Tangible assets are divided into movable and immovable.
Movable Assets
These assets can be transported from one place to another, including animate objects (e.g., animals) and inanimate objects.
Immovable Assets (Real Property)
These are things that cannot be transported
Read MoreFundamentals of Criminal Law: Theory, Principles, and Application
Criminal Law: General Principles
The General Part of Criminal Law Theory encompasses:
- Theory of Crime: Conduct (acts or omissions), typicality, unlawfulness, culpability.
Special Part of Criminal Law
Focuses on particular crimes.
Introduction to Criminal Law
Criminal law is a formal mechanism of social control, monopolized by the state. It curbs undesirable behaviors through the threat of sanctions (punishment). The state’s intervention is limited to conduct that injures or endangers specific legal rights
Read MoreKey Texts in Spanish Liberalism and Republicanism (1868-1931)
Revolutionary Proclamation of 1868 in Cadiz
This text justifies and expresses the revolutionaries’ goals, aiming to establish a provisional government and a political system based on universal suffrage. It details their justifications: corruption, lawlessness, and lack of freedoms. Paradoxically, many signatories were senior political and military figures under Isabella II.
- Constitution: The supreme or fundamental law (or set of laws or principles) of a state. (In Spain, the Cortes of Cadiz).
- Liberals:
General Partnerships in Spain: A Comprehensive Overview
General Partnerships in Spain
Main Types
General Partnership (Sociedad Colectiva)
- Governed by the Commercial Code.
- No minimum capital amount.
- Partners are jointly and severally liable for the partnership’s debts.
- Transfer of partnership interest requires the consent of every partner.
Simple Limited Partnership (Sociedad Comanditaria)
- Governed by the Commercial Code.
- Two types of partners: at least one general partner with unlimited liability oversees management and representation; at least one limited partner