Real Rights: Subjects, Faculties, and Legal Defenses
Item 2: Real Rights
There can be no real rights without a subject. The subjects of the actual legal relationship may be:
- Owners of individual rights over the thing: It is he who has power over the thing and who can give effect to the real action. The holder must be determined, or at least temporarily given.
- Subjects who hold power over the thing: The holders of real rights can be:
- Individuals: Have the capacity to act or not. (Art. 443 CC)
- Legal persons as subjects of legal relations as well, e.g., the
Understanding the Criminal Legal System and its Principles
Unit I: The Criminal Legal System
Definition: A set of rules that describe behaviors rejected by society and contain the threat of a penalty. The State is the one that prohibits conduct, applies sanctions, and regulates social life.
Characteristics of Criminal Law
The main features of criminal law are that it is public, regulatory, evaluative, a finalist, and deals with external events.
- Public: Because the state is able to create rules defining crimes and imposing sanctions.
- Regulatory: Because it lays
Understanding the Legal Nature of Marriage
The Legal Nature of Marriage
The term “marriage” is ambivalent, applying equally to two distinct concepts:
- Marriage in fieri: This refers to the legal act whereby spouses mutually consent to form the marital union. It is equivalent to the ceremony or the moment when the marriage becomes legal.
- Marriage in facto esse: This refers to the conjugal relationship or the community formed by the husband and wife, that is, the legal relationship between spouses.
This duality of meaning is the basis of two classical
Read MoreKey Labor Laws and Employee Benefits in India
Salient Features of the Employees’ Provident Fund (EPF)
1. Mandatory Contributions: Employees contribute 12% of their basic salary, and employers match this amount. A portion of the employer’s contribution goes to the Employee Pension Scheme (EPS) and Employee Deposit Linked Insurance (EDLI).
2. Interest: EPF balances earn annual interest, typically between 8-9%, which is tax-free.
3. Employee Pension Scheme (EPS): A part of the employer’s contribution provides a pension for employees after retirement.
Read MoreUnderstanding Legal Personhood: Rights and Obligations
Person: It’s all being (all that exists or can exist) layers of acquiring rights and obligations.
Types of People
- Natural person: All integers with characteristic signs of humanity without distinction or physical accidents are people visible.
Beginning and End of the Existence of a Natural Person
The existence begins at conception in the womb. Since then, rights can be acquired (e.g., an unborn child already has the right to life). It is considered a birth when the birth attendants are signs of life.
Read MoreUnderstanding Criminal Act Stages and Attempted Crimes
Unit 22: Degrees of Performing a Crime
Successive Steps in the Consummation of a Crime
The commission of an offense is displayed in a general process that consists of stages, from the purely subjective to the full implementation of the action described by law.
Internal Phase: Ideation, Deliberation, Resolution
The internal phase comprises the ideation process, deliberation, and resolution to do the criminal act that occurs in the psyche of the agent. The crime remains without exceeding the inner stage,
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