Navarre and the Indies: Law and Power in the Late Middle Ages
Kingdom of Navarre
Legal and Political Dynamics
The Kingdom of Navarre shared legal and political connections with Aragon. Both kingdoms experienced the expansive influence of municipalities like Pamplona. Upon ascending the throne in 1234, King Theobald I swore to uphold Navarre’s privileges and customs. However, disagreements soon arose between the monarchy and the nobility regarding the balance of power. Understanding the content of these early charters is crucial for analyzing the reciprocal
Read MoreUnfair Competition: General Clause and Specific Acts
A) Concept of Unfair Competition: The General Clause
The Unfair Competition Directive (UCD) employs a general clause to define unfair acts (Art. 5) and then outlines specific examples. Jurisdictions typically establish a general clause prohibiting unfair competition followed by specific prohibited conducts. The UCD adopts this approach, deeming behavior objectively contrary to good faith as unfair. To strengthen this general clause, Law 3/91 considers any market conduct promoting one’s own or a
Read MoreThe Legal Business: Elements, Classes, and Ineffectiveness
Theme 6: The Legal Business
Definition and Types
As a first step in studying legal business, we must clarify two concepts: legal fact and legal act.
A legal fact is any event that gives rise to legal consequences. Legal facts may be involuntary (e.g., birth or death) or voluntary. A voluntary legal fact involves the will of the subject and is called a legal act.
Legal acts can be lawful (respecting the law) or illegal (violating the law, e.g., a crime). Lawful acts can be further divided into those
Read MoreJurisdiction, Principles, and Procedures in Criminal Law
Characteristics of Jurisdiction
Unit, independence, tenure, impartiality, exclusivity, and responsibility.
Principles of Immediacy
Continuing the principle of orality, including the plenary phase, the principle of immediacy dictates that the court passing the sentence must have a direct relationship with the parties, witnesses, experts, and trial objects to base its decision. This has two implications:
- The judge must prioritize evidence directly related to the facts.
- Judgment should occur as soon as
Kidnapping vs. Abduction: Understanding the Differences Under Pakistani Law
1. Introduction
Kidnapping refers to child stealing, while abduction occurs when someone uses force or deception to compel another person to leave a place.
2. Relevant Provisions
The relevant provisions are:
- Sections 360, 361, and 363 for kidnapping.
- Section 362 defines abduction, while Section 363 addresses the criminal offense related to abduction.
3. Kidnapping
A. Meaning
Kidnapping involves taking a person away against their will through force, threats, or fraud.
B. Kinds of Kidnapping Under Section
Read MoreInternational Law: Key Concepts and Principles
1. International Personality
International personality refers to entities with rights, duties, and responsibilities under international law. These primarily include states, intergovernmental organizations (IGOs), and, to some extent, individuals and non-governmental organizations (NGOs).
2. Recognition of States and Governments
To be a state under international law, an entity must meet these criteria:
- A defined territory
- A permanent population
- A functioning government
- The capacity to enter into relations