Political Participation in the Spanish Constitution
Right to Political Participation
Forms of Participation in the Spanish Constitution
The concept of individual participation in public affairs is fundamental to democracy. This idea, closely tied to the sharing of political power, manifests through two primary channels: direct and indirect participation.
- Direct participation: Individuals are free only if they can directly participate in matters affecting them.
- Indirect participation: Recognizing direct participation as potentially utopian and harmful,
Understanding Law: Social Norms to International Treaties
The Social Nature of Humanity
Humans have an inherent tendency to associate and seek companionship. This interaction leads to the establishment of social norms, living standards, and legal frameworks within a society. Initially, human relations were rudimentary, exemplified by nomadic lifestyles. Over time, the need for settled communities arose, leading to sustainable societies, territorial divisions, and governance structures. As populations grew, complex rights and obligations necessitated an
Read MoreUnderstanding Enforcement Orders and Legal Procedures
Enforcement Orders Under the Code of Civil Procedure
An enforcement order is a legal document where a party agrees to give, do, or not do something (Article 1088 of the Civil Code). This includes:
- The sentence of a final judgment.
- Firm Arbitral Awards or Resolutions.
- Judgments endorsing or approving court settlements and agreements.
- Public documents (first copy).
- Policies of Commercial Contracts signed by parties and a collegiate broker.
- Bearer or registered documents.
- Unexpired certificates from agencies
Risk Transfer in Commercial Trade Law
Passing of Risk in Trade Law
A significant issue in Trade Law is the transfer of risk, particularly concerning commodity deterioration. Key attribution rules include:
a) Risk pertains to specific goods, not gender.
b) The debtor (seller and owner) bears the risk if they fail to deliver.
Commercial Law, being a law among professionals, addresses risk transfer in detail, especially in trade involving goods transportation. Delivery concerns both buyer and seller due to potential damages and taxed goods.
Read MoreCortes of Cadiz and Ferdinand VII Succession
Economic and Social Reforms of Cortes of Cadiz
Liberalism from France grew in Spain after the revolution, despite censorship. The War of Independence allowed its spread beyond a small circle. In Cadiz, the Cortes’ legislative work dismantled the Ancien Régime’s social, economic, and political foundations, creating a new order. This can be divided into decrees ending the Ancien Régime and establishing a new order, embodied in the 1812 Constitution.
Besides the Constitution, the Cortes enacted significant
Read MoreUnderstanding Property Rights: Features, Acquisition, and Limitations
Copyright
The rights to use, enjoy, and dispose of a thing exclusively, with legal restrictions and obligations.
Features
- Exclusive: Benefits only the owner, who asserts rights against all (erga omnes).
- Perpetual: Property is extinguished in time from the descendants of succession.
- Elastic: Use and benefits may be transferred, and the owner recovers power over the thing.
- Self-Existing: Does not require the support of another right.
- Integral Element: Of the subject property, natural and legal persons.
- Objective: