Understanding the State: Definition, Functions, and Necessity
What is the State?
The State is a political organization with sovereign power over a defined territory. This power is exercised through various administrations, and the State holds a monopoly on the legitimate use of force and violence.
Key Characteristics of the State
- Territorial Power: The State’s authority extends to the entirety of the territory within its borders. Every individual and organization operating within these borders is subject to the State’s rules.
- Sovereignty: At the state level,
Public Domain Assets: Management and Legal Framework
Patrimonial Theory of Public Domain
The patrimonial theory of public domain property is the title that justifies the powers of the Administration on the goods that are part of the public domain.
Proudhon’s Theory of Public Domain
For this author, the public domain came directly from the public domain of sovereignty and property, the holder being the general public.
Functionalist Theory of Public Domain (Pillar-PalasÃ)
For the functionalist theory, the purpose of the existence of the public domain is
Read MoreCommercial and Tax Law for Businesses in Spain
Commercial Law
Commercial law regulates the economic activity of enterprises. It addresses issues such as entrepreneurship, legal and accounting matters, advertising, and consumer protection. The core of commercial law is the Commercial Code, which governs trade, commercial contracts, and accounting obligations of firms. However, the code doesn’t cover all aspects of commercial law, leading to the existence of special laws, including:
- Regulations of the Commercial Register
- Patent and Trademark Laws
- General
Spanish Judicial System: Jurisdiction and Procedures
Spanish Judicial Jurisdiction in Civil Law
A.1. Exclusive Jurisdiction
- Cases related to real estate and its rent (located in Spain).
- Establishment, validity, nullity, or dissolution of Spain-based legal persons and associations. Cases related to agreements and decisions of their governing bodies.
- Cases related to the validity or nullity of records in the Civil Register of Spain.
- Cases of inscription or validity of records of patents and other rights when such a deposit or registry has been requested
The Spanish Transition and the Creation of the Autonomous State
Spain’s Transition to Democracy
The Transition refers to the process by which Spain moved from the dictatorship of Francisco Franco to a democratic and social state governed by the rule of law. King Juan Carlos I, upon being proclaimed king, swore to uphold the fundamental principles of the National Movement. However, he maintained contacts with Spanish and European political figures and was aware of the progressive decomposition of the Franco regime. Even the National Catholic Church began to distance
Read MoreUnderstanding the Jury System and Jurisdictional Conflicts
The Jury: Background and Nature
The jury is established in Article 125 of the EC, which provides that “Citizens may exercise popular action and participate in the administration of justice through the institution of the jury, in the manner and with respect to criminal procedures established by law.” Of all forms of popular participation in the basic rule set, the jury represents the most perfect, because through it people directly assume the exercise of judicial power. The democratic legitimacy of
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