Lis Pendens: Understanding Legal Disputes in Civil Procedure
Lis pendens refers to the legal situation where a dispute is awaiting a decision by a Court of Justice. According to Article 410 of the Civil Procedure Act (CPA), this situation begins from the moment the claim is brought, “should it then be given leave to proceed.”
Article 410 CPA: Commencement of lis pendens; it will start when it is admitted or filed, but if it isn’t admitted, it will never have existed.
Procedural Consequences
Defense of Lis Pendens: Article 421 CPA states that the defense of lis
Spanish Constitution 1978: Key Democratic Institutions
The Spanish Constitution of 1978
The Spanish Constitution is the supreme law of the land. It includes our superior values that should guide our coexistence: freedom, justice, equality, and political pluralism.
Government
- Spain is a social and democratic state of law.
- National sovereignty resides in the Spanish people.
- The form of state is the parliamentary monarchy.
- Spain is set up as a decentralized state composed of 17 autonomous communities and two autonomous cities.
Rights and Duties of the Spanish
Read MoreJudicial Control of Administrative Discretionary Powers
Administrative Discretion: Legal Limits and Judicial Review
Discretion, Legal Gaps, and Indeterminate Legal Concepts
The submission of power to the standard requires, after the purification of any anomalous behavior, that the responsible judicial activity complements the legality principle. Today, the judicial activity of public administration, a constitutional requirement (Article 106.1), complements the legality principle.
From the moment we define legal power and authority as limited, it is necessary
Read MoreFrench Administration and Parliament: Structure and Functions
The French Administration
Since the beginning of the Fifth Republic to date, and regardless of the tasks assigned, the French Administration has been both the subject and object of public policy. In the context of the welfare state, its role has been changing due to the existence of power in Brussels. The peripheral and the rationalization of structures is one of the main purposes of the Fifth Republic.
Large ministries have been created to meet social demand. There have been attempts to change the
Read MoreChilean Government and Constitutional History: 1812-1980
Chilean Government and Constitutional History
Government
In a broad sense, government refers to the general policy of the state. It is the exercise of supreme power within the state. As the state is a political entity, it requires the intelligence of human beings to promote and materialize governmental power. These individuals who exercise state power are called organs of the state. They must follow the legal rules established in the constitution and state laws, which determine how to access that
Read MoreLegal Aspects of Advertising: Principles, Ethics, and Social Function
Advertising from the Legal Point of View
This can be defined as a set of means used to spread or extend the knowledge of a fact. Making such facts known is the subject of advertising. The object of this type of advertising is all done.
This type of advertising is more restricted, as the law provides that all facts be made public, thus establishing some means such as the press. It may have other more formal types of echo, such as cedulas, crafts, cards, etc., that are made and must be written, illustrated,
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