Understanding Legal and Administrative Norms in Brazil
Provisional Measure (MP)
A provisional measure is a legal rule established by the President of Brazil in cases of urgency and relevance. It has the force of law but is not technically law. Unlike delegated legislation, an MP does not require prior approval from the National Congress. It is published, enters into force immediately, and is then submitted to Congress for analysis.
Congress has 120 days to approve or reject the MP. If analysis doesn’t begin within 45 days, legislative activity is paralyzed.
Read MoreIntroduction to Criminal Law: Concepts and Sanctions
Topic 1: Penalizing Authority and Ius Poenale
Penalizing Authority (Subjective Concept of Criminal Law), Ius Poenale (Objective Concept of Criminal Law)
Right to Punish: The right of the State to punish. Only the State has the power to impose sanctions through the judiciary.
Ius Poenale: A set of rules governing certain conduct as criminal offenses or subject to legal consequences that can be a penalty or security measure.
Theme 1: Content and Punishment of Criminal Law
Focuses on the concept of crime
Read MoreLoss and Recovery of Spanish Nationality: A Comprehensive Guide
Loss of Spanish Nationality
Spanish nationality is not immutable and can change under various circumstances. Article 11.1 of the Spanish Civil Code (CC) states that Spanish nationality is acquired, retained, and lost in accordance with the law. Even individuals of Spanish origin can be deprived of their nationality, as per Article 11.2 CC, which outlines the possibility of losing original nationality due to suspension.
Voluntary Loss (Art. 24 CC)
There are two scenarios for voluntary loss of Spanish
Read MoreProperty Rights and Registration
ITEM 20
REAL RIGHTS
Classes of property rights:
- OF ENJOYMENT. The rights of enjoyment are first usufruct. It means the right to use an alien thing. The usufructuary is entitled to enjoy and get the fruits of the good that has the bare owner.
The right to use and habitation differs from usufruct to be used personally, can not get fruits and is based on need. It is very personal to be used personally, can not hire, not for sale.
EASEMENT. Mean value. It is the utility that an estate (dominant tenement)
Comprehensive Guide to Lease Agreements in Spain
LEASE
Types of Leases
The DC regulates three classical forms of leasing:
- Lease of things
- Lease of works
- Lease of services
Arts. 1542 et seq.
According to the Civil Code (CC):
- Lease of things: One party agrees to give another the enjoyment or use of a thing for a specified time and price. (Art. 1,543)
- Lease of works or services: A party undertakes to perform any work or provide a service to the other for a true price. (Art. 1,544)
Parties to the Contract
- Lessor: Whoever undertakes to assign the use of the thing,
Error in Criminal Law: Types, Definitions, and Exculpation
ITEM 26 – THE ERROR
Class of Error
We can make different classifications and give different solutions depending on the assumptions of the error. The error can be defined as a mock trial, a misconception or mistake, or ignorance of any element or circumstance of the typical action and not justified. Among the possible ratings are going to see the most relevant:
1. The Relevant and Irrelevant Error:
Considering that the error may or may not impact on the existence of penal severity, we can differentiate
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