Abuse of Authority Law
Article 1
The right of representation and the process of administrative, civil, and criminal liability against authorities who commit abuses in exercising their duties are regulated by this law.
Article 6
The abuse of authority will subject the offender to civil, administrative, or criminal sanctions.
§ 1
The administrative sanction will be applied according to the severity of the abuse committed and will consist of:
- a) warning;
- b) reprimand;
- c) suspension from office, function, or post within five to
Abuse of Authority Law
Article 1
The right of representation and the process of administrative, civil, and criminal liability against authorities who commit abuses in exercising their duties are regulated by this law.
Article 6
The abuse of authority will subject the offender to civil, administrative, or criminal sanction.
§ 1
The administrative sanction will be applied according to the severity of the abuse committed and will consist of:
- warning;
- reprimand;
- suspension from office, function, or by post within five to one hundred
Roman Society and Law: A Comprehensive Overview
1) Historical Stages of Roman Society and Law
Roman society transitioned through three distinct phases: Monarchy, Republic, and Empire.
Monarchy: Characterized by a life-long, elective, non-hereditary rule.
Republic: Rome evolved from a city-state into a vast empire. The patricians modified power structures, dividing the king’s authority between two annually elected consuls to prevent the resurgence of monarchy. The Senate and assemblies (Curiate and Centuriate) remained.
Empire: Roman law in the
Read MorePublic Offering of Securities (OPV) and Takeover Bid (OPA)
OPV
Market: Stock Exchange
The first distinction to make regarding the law is whether the securities are listed or unlisted. Article 61, later developed by OPventa, regulates securities not admitted to trading on a securities market. This is because in the 90s, companies went public before making a public offering of securities, thinking that the announcement of the actions would lead to greater equity placements. According to stock market law, the implementation of structuring an IPO should be applicable
Read MoreTradition as a Way of Acquiring Ownership in Civil Law
III. Tradition
Article 670 CC
Tradition, derived from a verb meaning “doing things outside,” is the most crucial way to acquire ownership. Our right to acquire ownership requires more than just a title, such as a sale. We need a way to acquire it, and the most important way is tradition. Andrés Bello’s Civil Code (CC) departs from French and Roman law in this aspect. Roman law requires both a title and a way to acquire. The most important title preceding any tradition is the sale, but the sale itself
Read MorePublic Revenue and Taxation in Spain: Principles and Liabilities
Types of Liability
Only an act can provide that liability is joint and several. This type of liability puts the person liable in a worse position.
1. Secondary Liability
Payment can only be requested when the main debtor is declared insolvent (176 LGT: decisión acto administrativo declaring the insolvency of the main debtors and the persons under joint and several liability). Then, the decision declaring liability (acto declarative de responsabilidad) is notified to the person under secondary liability.
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