Contract Law: Validity, Invalidity, Capacity, and Remedies
Validity of Contract
- Objects: Must be lawful, possible, and not contrary to public order.
- Intention: Must be genuine and not induced by mistake, fraud, or duress.
- Form: Must comply with legal requirements, such as being in writing for certain types of contracts.
- Capacity: Parties must have the legal capacity to enter into a contract, such as being of legal age and sound mind.
Invalidity of Contract
- Void: A contract that has no legal effect from the beginning.
- Voidable: A contract that is valid until it
Security Measures in Criminal Law: Origins, Rationale, and Differences with Penalties
Lesson 4: Security Measures
Origins of Security Measures
Security measures, a relatively recent development in criminal law compared to penalties, gained prominence in the late 19th century with the rise of the Italian Positivist School. This shift arose from the realization that traditional penalties were inadequate in addressing the issue of criminal dangerousness.
Theorists like Ferri, challenging the prevailing Classical School’s emphasis on free will and equipotentiality (the idea that all individuals
Read MoreInternational Law: State Recognition, Intervention, and More
Recognition of State
Statehood is a central subject in international law. Recognition of a state is an act by which an existing state acknowledges that a political entity possesses all the essential elements of statehood:
- Permanent population
- Definite territory
- A government
- Capacity to enter into relations with other states
By recognizing a state as a member of the international community, existing states declare that, in their opinion, the new state fulfills the conditions of statehood proposed by international
Read MoreInternational Law: Sources, Theories, and Relationship with Municipal Law
#INTERNATIONAL LAW : in the absence of rules conduct regulating the relationship of states,there is every chance of disturbance to the international peace,international law contain a set of rules and regulations which the state have to follow in their mutual intercourse.These rules are intended to set up an orderly and peaceful world.International law is the body of rules which are legally binding on states in thier intercourse with each other.These rules are primarilly those which govern the
Read MoreSpanish Company Law: A Comprehensive Guide to Business Structures and Governance
SPECIAL COMPANIES
Professional Companies
Professional companies provide professional services. The corporate name includes the word “professional” (S.A.P. or S.L.P.) and the objective or subjective name of all or part of the partners. Any corporate form can be used. The company’s purpose is to render a professional activity. Professional and non-professional partners can coexist, but most of the share capital belongs to professional shareholders (recorded in the Commercial Registry). Positions can’
Read MoreIntellectual Property in the Fashion Industry: A Comprehensive Guide
Intellectual Property & Copyright
Trademark Disputes
Famous Cases
- Louboutin v. YSL: Trademark dispute over red soles on shoes. Court ruled in favor of Louboutin but said the upper must contrast.
- Belt Buckle Case: Copyright dispute over belt buckle design. Court ruled in favor of Contempo, the upper infringed copyright.
- Knitwaves v. Lollytogs: Copyright infringement dispute over a floral sweater design. Court ruled in favor of Knitwaves, Lollytogs had infringed copyright.
- Wal-Mart v. Samara Bros.: