Surface Rights in Brazil: Ownership and Usage
Note Lecture 14: Surface
1. Legal Basis
Arts. 1368-1375 Civil Code and City Statute (Law 10.257/01) – Arts. 21-24.
2. Objective
Flexibility of land use and encouragement of building without property purchase, facilitating compliance with the social function duty by the property owner, relieving the owner from charges and taxes, which transfer to the landowner.
3. Concept
The real right to have a building or planting on foreign soil. (Orlando Gomes)
4. Content
Occurs in a double field, separating land ownership
Read MoreLegal Concepts: Exclusivity, Analogy, Life, Validity, Equity, and Responsibility
1. Theory of Exclusive or General Negative Norm
This theory, championed by Ernesto Zitelmann, posits that there are no irrelevant legal facts and no gaps in the law. Every legal rule implicitly contains a second standard, excluding all unanticipated events, which are regulated by an antithetical legal principle. This second standard is the general exclusive norm. For example, a rule prohibiting cigarette exports implicitly allows the export of all other items. This is encapsulated in the closing
Read MorePublic Officials Employment Law
Key Provisions of the Public Officials Employment Law
Title I: Governing Employment Relations
Article 1
This law governs employment relations between public officials and public servants and national, state, and municipal public administrations. It covers:
- Leadership and management of the civil service and public careers.
- Personnel management, including planning, recruitment, selection, admission, induction, training, development, career planning, evaluation, promotion, transfer, position valuation,
Environmental Protection and Legal Equality in Chile
Duty of State: Environmental Conservation
The Constitution imposes on the State the duty to ensure the conservation and preservation of nature and environmental heritage. This is executed through various bodies, most importantly CONAMA (National Environmental Commission), which ensures sustainable economic development compatible with environmental requirements.
Environmental Impact Assessment
Projects must undergo environmental impact assessments by COREMA (Regional Environmental Commission). The challenge
Read MoreCredit in Economics and Law
Economic and Legal Concept of Credit
Economic
Credit involves exchanging present value for future value. This exchange is distinguished by time and trust, as delivery isn’t simultaneous and reciprocal, necessitating trust in future obligation fulfillment.
Legal
The transfer of a thing’s ownership from creditor to debtor, with consideration deferred, meaning the debtor’s corresponding provision is delayed.
General Law on Negotiable Instruments and Credit Operations
The sender agrees to make a sum available
Read MoreJohn Locke’s Treatise on Civil Government: Power & Society
John Locke’s Second Treatise of Government
Chapter XIII: Subordination of Powers in the Political Community
Section 149: The Supreme Power of the People
In a well-established political society, there is only one sovereign power: the legislative. All other powers are subordinate to it. However, the people retain the ultimate power to remove or alter the legislature if it acts against its entrusted mission. In such cases, the power reverts to the people, who may then entrust it to new individuals they
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