Spain’s Autonomous Communities: A Unique Model
The Spanish Autonomous Model
Spain’s political decentralization is structured through a unique, open model. Originating from a centralized unitary state, the 1978 Constitution, established by the constituent courts, marked a turning point. This constitution didn’t mandate decentralization but provided a framework for regions to pursue autonomy. Regions seeking autonomy could choose from three distinct paths.
Three Paths to Autonomy
First Path (Article 143)
This path, considered the easiest, offers
Read MoreSpanish Tourist Company Structures: S.A. vs. S.L.
Companies as Holders of a Tourist Company
Spanish law envisages various different kinds of mercantile entities. The most significant are:
- Corporation (“Sociedad Anónima”, abbreviated as “S.A.”).
- European public limited-liability company (“Sociedad Anónima Europea”, abbreviated as “S.E.”)
- Limited liability company (“Sociedad de Responsabilidad Limitada”, abbreviated as “S.L.” or “S.R.L.”).
- New limited liability company (“Sociedad Limitada Nueva Empresa” abbreviated as
Expiry, Comoriencia, and Legal Capacity: Key Concepts
Unit 7: Expiry and Prescription
Expiry: Concept and Differences with Prescription:
Concept: Expiry refers to the extinction of a right due to its lack of exercise over a predetermined, uninterrupted time period. It typically occurs during a procedural step. Expiry is an institution of procedural law and civil law.
Differences: Settled Supreme Court jurisprudence dictates:
- Limitation periods are not susceptible to any interruption or suspension, operating strictly in terms of time.
- Limitation periods
Decree Law and the Social Democratic State in Spain
Decree Law in the Spanish Constitution
Article 86 EC
- In case of extraordinary and urgent need, the Government may issue temporary legislative provisions. These will take the form of decrees and ordinances that may not affect the basic institutions of the State; the rights, duties, and freedoms of the citizens in the title; the system of autonomous communities; or the general electoral law.
- The decrees must be immediately submitted for debate and voting by the entire Congress. If Congress is not already
Final Proceedings, Consistency, and Procedural Actions in Court
Final Proceedings: Taking New Evidence
Final proceedings involve the proposal and taking of evidence, culminating in a final argument. Evidentiary proceedings at this stage are rare.
They consist of taking new evidence to clarify facts, provided that this evidence could not have been taken before.
To proceed, the following conditions must be met:
- The previously taken evidence has not been conclusive.
- The Court’s lack of conviction is due to circumstances independent of the parties’ will and diligence.
Business Structures: Types and Key Features
Monopolistic Competition
Monopolistic competition describes a market where many firms offer similar, but not identical, products or services. Barriers to entry and exit are low, and individual firms’ decisions don’t directly impact competitors. All companies in this structure have similar market power and are price makers.
Classification by Legal Structure
When deciding on a legal structure, consider these factors:
- Capital required to start the business
- Number of owners
- How the company will be organized