Commercial Law: Doctrines, Characteristics, and Sources
Timeline of Commercial Law
- Geographical Discoveries to the Present: Tracing the evolution of commercial law from the era of geographical discoveries, through the French Revolution, to the present day.
Objective vs. Subjective Doctrines of Commercial Law
- Objective Doctrine: Anyone can perform an act of commerce, regardless of their profession or trade.
- Subjective Doctrine: Only a registered trader can make a commercial transaction.
- The subjective doctrine does not recognize all commercial activities,
Understanding Copyright Law: Exploitation Rights and Public Domain
Copyright Law: Exploitation Rights and Public Domain
Article 17 of the Intellectual Property Law (LPI) addresses the right to exploit a work. This right may be assigned to others, but this assignment does not deprive the author of the right to publish their work, as stated in Articles 22 and 23.
Articles 24 and 25 of the LPI regulate specific rights, including the right to receive a share of the resale of a work by public auction (this excludes works of applied art such as photographs or craftsmanship)
Read MoreInternational Trade Agreements: GATT, WTO, and Competition Law
GATT: General Agreement on Tariffs and Trade
The General Agreement on Tariffs and Trade (GATT) was a multilateral agreement regulating international trade from 1947. According to its preamble, its purpose was the substantial reduction of tariffs and other trade barriers and the elimination of preferences, on a reciprocal and mutually advantageous basis. It was negotiated during the UN Conference on Trade and Employment and was the outcome of the failure of negotiating governments to create the International
Read MoreUniversity Autonomy and Educational Evolution in Spain
University Autonomy in Spain
The autonomy of the university was transformed from a principle of right to be considered an academic freedom and therefore of fundamental status in constitutional law. As constitutional law, university autonomy is regulated in Article 27 of the Spanish Constitution, which recognizes this right subject to the constraints of the law itself. University autonomy is elaborated in Article 2 of the Organic Law of Universities (LOU). The first clause gives the university colleges
Read MoreVAT Exemptions: Exports, Imports, and International Services
VAT Exemptions for Exports
Why has Spain established this disclaimer of VAT? Goods exported from Spain are not subject to VAT. This allows Spanish businesses to compete effectively in international markets, as they are not disadvantaged by having to pay a tax that will be paid again when the goods reach their final destination.
With respect to the taxpayer in exports, there is no reverse charge, even if the exporter is a person not established. It’s the same solution (see the next section) given to
Read MoreUnderstanding Legal Science: Casamighia, Austin, and Bobbio
Lesson 4: Understanding Legal Science
Casamighia: A Descriptive Analysis of Law
The legal science aims to achieve a description of the object of study (Law). The descriptive analysis viewpoint is that of an observer, using a conceptual view to describe and analyze all the essential elements of law.
Casamighia’s legal science develops a framework that answers the question, “What is the law?” However, sometimes scientists try to apply the same conceptual scheme of science itself to problems that have
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