Property Trust: Legal Aspects, Concepts, and Requirements

Property Trust

1. Relevant Legislation: Law 4.728/65 and Articles 1361 to 1368 of the Civil Code.

2. Concept: Property trust is the transfer that a debtor makes to a creditor, granting resolvable ownership of movable property, in order to secure payment of a debt related to financing the acquisition of the property.

3. Parties Involved:

3.1. Trustor: The direct debtor and owner of the property.

3.2. Fiduciary: The creditor who receives the property in trust, ensuring compliance with the contract.

4. Characteristics:

Read More

Prisoner Rights in Africa: Addressing Injustice and Abuse

Many incarcerated individuals in African prisons face years of inadequate hygiene, insufficient food, and other significant problems. The conditions in which many inmates live constitute a human rights crisis that requires urgent resolution.

Barriers to Addressing Prison Conditions

Several barriers impede progress, including state secrecy, a weak civil society, and a lack of public interest, resulting in limited data from prisons.

Historical Context of Incarceration in Africa

Incarceration as punishment

Read More

Chilean Presidential Power: Election, Requirements, and History

Chilean Presidential Power: An Overview

Why is it said that the Chilean government has a strengthened presidency?

  1. In Chile, there isn’t a balanced system of checks and balances between the President and the National Congress, as seen in the USA.
  2. There is a power imbalance between the President and Congress.
  3. The National Congress is subordinate to the President, possessing limited powers primarily focused on legislation and oversight.
  4. While there is no presidential authoritarianism, and constitutional
Read More

WTO Agreements: GATS, TRIPS, and Dispute Settlement

The General Agreement on Trade in Services (GATS)

The General Agreement on Trade in Services (GATS) applies, in principle, to all service sectors, with two exceptions:

  • Services supplied in the exercise of governmental authority (e.g., social security schemes and any other public service, such as health or education, that is provided at non-market conditions).
  • Measures affecting air traffic rights and services directly related to the exercise of such rights.

The Most-Favored Nation (MFN) rule applies

Read More

Partnerships vs. Capitalist Companies: Key Differences

Companies: Personnel and Capital

The basic models of corporate organization are the personal model and the capitalist model. It should be noted that theoretical models are not usually found in pure form in almost any social form.

Characteristics of Partnerships

From the standpoint of equity, partnerships are characterized by:

  • A direct relationship between social equity and partners.
  • Responsibility of the members for their debts.

From the organizational standpoint, partnerships are characterized by:

  • The
Read More

Key Concepts in US Law and Jurisprudence

Definitions

  • Administrative Law: The collection of rules and decisions made by administrative agencies to fill in particular details missing from constitutions and statutes.
  • Business Law: The enforceable rules of conduct that govern the actions of buyers and sellers in market exchanges.
  • Case Law: The collection of legal interpretations made by judges. They are considered to be law unless otherwise revoked by a statutory law. Also known as common law.
  • Precedent: A tool used by judges to make rulings on
Read More