Roman Law: A Historical Overview of Key Periods and Legal Sources
Early Classical Period (130 BC – 30 BC)
This era is marked by the contrast between Auctoritas (socially recognized knowledge) and Potestas (formal power). Key legal sources include:
Jurisprudence
Based on Auctoritas, lawyers engaged in three main activities:
- Respondere: Providing legal opinions and interpretations to magistrates, judges, and individuals.
- Cavere: Advising individuals on drafting contracts and legal documents to prevent future disputes.
- Agere: Assisting individuals in legal proceedings
European Union Institutions
Declaration of Robert Schuman
Robert Schuman, the French Foreign Minister, presented the first declaration on May 9, 1950, pertaining to a united Europe. He believed that achieving world peace was essential and that functionalism was the key to solving the problems at hand. The declaration aimed to ease tensions between Germany and France due to historical conflicts. Schuman proposed pooling coal and steel production of both countries under a High Authority within an international organization open
Read MoreSpanish Property Law: Easements, Contracts, and Construction Regulations
Easements
Light Easements
The easement of light regulates the right to open holes in a wall to receive light from the neighboring property. The owner of a dividing wall adjacent to an external property can open windows or openings to receive light under the following conditions:
- They must be situated at the height of the straps or close to the ceilings.
- Their size should be 30 x 30 cm.
- They must be protected with iron bars and wire mesh.
The owner of the adjoining property can close the gap if they acquire
Read MoreInternational Jurisdiction and Recognition of Foreign Judgments in Spain
PEC 1: International Jurisdiction and Recognition of Foreign Judgments
International Jurisdiction
A. Judgement of the Supreme Court, Civil Division, 14 March 2007 (Law 8193/2007)
1. Concept of “Effectively Repeal the Provisions of Submission”
The resolution highlights the derogatory effect of contractual submission clauses. In this case, the clause referred to dispute resolution bodies in Switzerland, either arbitral or judicial. The court emphasizes that regardless of the specific body chosen, the
Read MoreUnderstanding the Judicial Process: A Comprehensive Guide
General Theory of the Judicial Process: The Role of the Judiciary
Considerations
To achieve personal goals within a society, individuals must cooperate and adhere to established limits. These limits are defined by legal standards that govern conduct, creating rights and obligations that can be enforced by the state. These standards are typically bilateral, coercive, general, abstract, mandatory, and regulate behavior.
The legal system, comprising a set of such rules, aims to regulate the conduct of
Read MoreUnderstanding Employment Contract Amendments in Spain
AMENDMENT TO EMPLOYMENT CONTRACT
Types of Modifications
A) Non-Substantial Modifications
These are minor changes that do not significantly impact the employment relationship, such as changes to the work schedule or shift patterns.
B) Substantial Modifications
These changes have a significant impact on the employment relationship, affecting aspects such as working hours, remuneration, or job duties. Justification is required, demonstrating the benefit to the company or the collective good. These modifications
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