Litigants in Civil Proceedings: Capacity and Representation
Litigants in Civil Proceedings
Parties and Requirements
In civil proceedings, a duality of opposing parties is necessary: the plaintiff (who initiates the action) and the defendant (against whom the action is brought). The concept of a party is formal, representing those who assert or defend a particular action, regardless of whether they hold the underlying rights.
Parties must be clearly identified at the beginning of the process. The plaintiff bears the burden of providing information to identify
Read MoreAudit Obligations and Standards in Spain
Obligatory Audits in Spain
The Ley de AuditorÃa de Cuentas (LAC) mandates audits for companies under specific circumstances, including:
- Publicly traded securities
- Obligations issued during financial intermediation
- Activities regulated by the Law on Private Insurance
- Receipt of subsidies or provision of services to public bodies
The Companies Act requires annual accounts and management reports to be audited, with exemptions for companies meeting specific criteria for two consecutive years:
- Assets <
Understanding Criminal Offenses: Elements and Classifications
OFFENSE
An act or omission punishable by criminal law, specifically stated in the law.
Elements of Crime
Positive
- Behavior
- Criminality
- Antijuridicity
- Accountability
- Culpability
Negative
- Misconduct
- Atypicality
- Justifications
- Impunibility (minor, mentally incapable person)
- Innocence (well-founded fear, mistake, ignorance)
- Absolving excuse (theft of medicine, food, strictly necessary for survival)
DOLO (Intent)
The author intended the commission of the typical act. There is overlap between what the author accomplished
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Semco’s Unique Recruitment Process
Understanding Crimes Against Public Administration
1) The crime typified in Article 328 of the CP, judge the items below.
a. **Tem** objectivity as legal protection to public administration, the particular aspect of functional exercise for people not invested in offices or public functions. Correctness
b. The active subject can be any person, including a public official who performs a function that is not their task. Correctness
c. Typical conduct: usurp, seize, take, snatch improperly. Correctness
d. The agent needs to perform their own act
International Law: Statehood, Recognition, and Succession
1. State Identity and Continuity
The existence of a state depends on three core elements: territory, population, and a political organization of state power. Changes to these elements can impact statehood. Changes affecting a state’s identity (e.g., complete loss of territory or population) can lead to its disappearance and the termination of its rights and obligations. Changes affecting continuity, however, maintain existing obligations as long as the three key elements persist.
- Changes in power