Legal Theories: Naturalism, Positivism, Realism, and the State

Posted by on Jan 23, 2025 in Law | 0 comments

Legal Iusnaturalism

Legal iusnaturalism is a conception of law and justice which defends the existence of natural rights of the individual that are universal and inalienable. Therefore, for iusnaturalist thinkers, the main function of the State is to protect and ensure that individuals can enjoy these natural rights. From that perspective, the positive recognition of these fundamental natural rights in the laws is interpreted as a formal recognition by the State of a series of previous ethical principles,

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Understanding Ordinary and Organic Laws in Legislative Processes

Posted by on Jan 22, 2025 in Law | 0 comments

Ordinary Laws:

Classification Procedure (75.2 EC)
+ Article 75.2 EC:
“The cameras may delegate to the legislative standing committees for the approval of bills.
The House, however, may require at any time the debate and vote on any bill that has been the subject of the delegation.”
+ Act of Parliament:
1. Ordinary or common processing.
2. Plenary – Commission – Parliament:
First, debate the bill in its entirety in plenary, then organize a committee, and finally return back to the plenary for

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Spanish Insolvency Law: Key Aspects and Procedures

Posted by on Jan 22, 2025 in Law | 0 comments

Spanish Insolvency Law: An Analysis

The Spanish insolvency process, governed by the Insolvency Act of July 9, 2003, regulates insolvency proceedings. This law is the result of a long process to amend Spanish bankruptcy law, which was previously based on the Act of 1829. While there were some changes in the 20th century, this law represents a complete reform of bankruptcy law.

Key Principles of Insolvency Law

Insolvency law provides for a single procedure: the “contest,” which applies to any debtor,

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Trademark and Patent Law: Key Concepts and Procedures

Posted by on Jan 22, 2025 in Law | 0 comments

Denomination of Origin

Denomination of origin: Name of a country’s geographical region.

Invalidity, Revocation, or Cancellation of Registration

Registration of a mark will be void when:

  1. The record has been granted on the basis of false data.
  2. The mark is identical or similar, to a degree of confusion, to one that has been used previously.

Registration Lapse

Registration will lapse if:

  1. It is not renewed under the terms of this Act.
  2. When the mark has ceased to be used during three consecutive years.

Cancellation

The

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Chilean VAT Regulations: Taxable Persons and Exemptions

Posted by on Jan 22, 2025 in Law | 0 comments

Persons Subject to Chilean VAT

According to the Ministry of Law, the following are subject to the effects of duty established by tax provision:

VAT Applicability

The following are subject to VAT:

  • Seller in a convention
  • Natural person engaging in operations
  • The amount of these operations
  • The buyer when the resident has no vendor in Chile
  • The company referred to in letter C, Article 8, each partner will be responsible
  • Payment of tribute corresponding to foreclosed assets
  • The contributor, contributions to the
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Understanding Legal Obligations and Business Law

Posted by on Jan 21, 2025 in Law | 0 comments

Legal Obligations

A legal obligation is a relationship that binds two selected subjects, a creditor and a debtor, whereby the debtor must give, do, or not do something for the creditor. The creditor may enforce this obligation.

  • Personal Element:
    • Debtor
    • Creditor
  • Objective Element
  • Technical Element

Source: Obligations arise from:

  • Contract
  • Quasi-contracts
  • Civil Offenses (Unintentional Tort)

Creditor’s Actions Against Debtor’s Default

What are the actions that the creditor has against the debtor’s default?

Contract

An

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