Protection of Fundamental Rights: Privacy, Honor, and Home

Protection of Fundamental Rights

Trial Balance: Triple Test

Adaptation: Control approval on the measure to determine whether conditions exist to meet the intended purpose.

Necesidad: No other equally effective measure exists to achieve the desired purpose.

Proportionality: Strictly to determine if the limit imposed on the fundamental right is reasonable and proportionate to the aim pursued.

Criteria for Interpretation of Rules

  • Pro Homine (Favor Person): Apply the most favorable standard.
  • Progressivity:
Read More

Essential Guide to Business Documents and Financial Procedures

Merchant Account Keeping

Obligations for Keeping Records

Every merchant is obligated to maintain the following accounts and correspondence:

  • Journal
  • Ledger or accounts
  • Book of balances
  • Letter book

Record Retention Period

Merchants are required to keep these books until the completion of their business cycle and the liquidation of their business affairs.

Understanding Key Financial Documents

Bill of Exchange

A bill of exchange is an unconditional order to pay a specific sum of money at a predetermined time.

Read More

The Writ of Habeas Corpus & Criminal Proceedings in Spain

The Writ of Habeas Corpus

Law 6/1984 of May 24 provides a procedure to address alleged illegal detentions of citizens. This procedure ensures a swift judicial determination of the detention’s legality and conditions, accessible to all citizens. The process is summary and extraordinarily fast (24 hours) to address illegal or improperly conditioned detentions with utmost speed. The competent judge is typically from the location of detention. However, if this is unknown, jurisdiction falls to the judge

Read More

Incidental Topic 26: Errors, Acts of God, & Non-Enforceability

Topic 26: Errors, Acts of God, and Non-Enforceability

Acts of God

An act of God is an accident where there is no intention or recklessness, thus disclaiming responsibility (Art. 5 of the CP: “No punishment without intention or fault.”)

Errors

An error is a false opinion, wrong knowledge, or ignorance of any element or circumstance of the typical action, and is not justified. Errors are classified as follows:

Relevant vs. Irrelevant Error

  • Relevant Error: Taking A’s portfolio instead of B’s, knowing it’
Read More

Justice of Aragon & Castilian Municipalities: A Historical Overview

Section 3: The Justice of Aragon

The Justice of Aragon, a medieval institution, was suppressed by the Nueva Planta decrees of 1707 and 1711. Resurrected by Aragon’s Statute of Autonomy, its powers, while strengthened, differ from its historical role. Current reform efforts aim to expand its scope as a regional ombudsman.

Several theories address its origin:

  1. The institution stemmed from the Kingdom of Aragon’s elective monarchy, where noble houses elected a chief justice before choosing the king (
Read More

National Fiscal Control System Regulations

Article 22 .- The grounds for dismissal, in addition to those provided in the laws governing this area and those provided in the Staff Regulations, the following:

1. Act adversely affecting the good name, or the interests of the Comptroller or any public body;

2. Recommend to people to obtain benefits or benefits in its procedures to the Comptroller or to any of the entities under their control;

March. Inadequacy, inefficiency or incompetence in the provision of service.

Title II: National Fiscal

Read More