Administrative Acts: Validity, Nullity, and Annulment
Validity and Invalidity of Administrative Acts
The legal system imposes consequences for invalid administrative acts. The law provides for three degrees of invalidity:
- Nullity
- Annulment
- Non-disabling irregularities
Differences Between Nullity and Annulment
- A null and void act means that it has never legally existed. When there is a ruling declaring its invalidity, it cancels all the consequences and effects that this act caused during its term. This is expressed by the maxim “quod nullum est, nullum producet
Spanish Legal System: Hierarchy, Sources, and Institutions
Understanding the Spanish Legal System
Right: A set of rules, strict or not, that regulate coexistence.
Sources of Law
Loriga and Are are the manifestation of law. These are:
- Law: A standard dictated by the authority in charge, following due formalities, which is common, stable, fair, and enacted with sufficiency.
- Custom: A standard arising from social practice and repeatedly considered obligatory by the community.
- The General Principles of Law: Fundamentals underlying the elaboration of unwritten laws.
Understanding the Spanish Government: Structure, Roles, and Principles
Item 6: The Constitutional Position of the Spanish Government
Constitutional Position of the Government
Parliamentary Government and Streamlined Processes
- Formal centrality of Parliament is vital when choosing a President of the Government (PG).
- Strengthening powers of government.
- Control may include parliamentary voting discipline and presence in the acting Parliament.
- The executive acquires a role in the process of European integration.
Training and Termination of the Government
Appointment of the President
Read MoreUnderstanding Trade Unions and Collective Bargaining in Spain
The Concept of a Union
The concept of a union is now recognized in the Statute of Workers. After long periods of struggle and confrontation between two historically opposed social classes, workers and employers, the rights of one party assume obligations for the other. Employers and workers are grouped separately to form associations and trade unions. Public Administration reaches a point where it finds time to negotiate working conditions. Employers, employees, and Public Administration are the
Read MoreNegotiable Instruments Act: Key Cases and Amendments
Promissory Note
Ponnuswami Chettiar v. P. Vellaimuthu Chettiar
Lachmi Chand v. Madanlal Khemka
Baba was a holder, not a trustee.
Singheshwar Mandal v. Gita Devi
Not made endorsee – daughter.
Nunna Gopalan v. Vuppuluri Lakshminarasamma
Promissory note not taken back – Section 118 presumption to apply.
Liability of the Banker (Section 31)
Having sufficient funds of the drawer.
Canara Bank Ltd. v. I.V. Rajagopal
Job receiving 600 pm.
London Joint Stock Bank, Ltd. v. Macmillan
Facilitated forger.
Negotiable Instruments
Read MoreNGOs in International Environmental Law and Human Rights
NGOs: Key Actors in International Environmental Law
The importance of non-state organizations is becoming increasingly significant. Their significance lies in both the implementation and the development of environmental standards. It was at the Stockholm Conference of 1972 that the possibility of involving representatives of civil society in this matter was first opened. Participation increased further at the Rio Summit of 1992, allowing a significant number of NGOs to participate in international
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