Understanding the Fundamentals of Law: A Comprehensive Guide
Why Law Is Essential for Society
Law provides an ordered society by establishing rules and regulations that govern human behavior.
Validity of Legal Rules
A legal rule is valid if it is part of the legal system and concerns a matter that falls within the scope of law.
Legal Sociology
Legal sociology studies law as a social fact, examining its impact on society and how it shapes human interactions.
Objective and Subjective Rights
Objective right refers to a set of rules that govern society, while subjective right refers to the ability or authority granted to individuals by those rules.
Basic Elements of Subjective Rights
- Right
- Obligation
- Standard
Correlation Between Right and Duty
The correlation between right and duty is absolute, meaning that every right implies a corresponding duty.
Obligational Rights
Obligational rights are exercised against specific individuals.
Structure of Legal Rules
Legal rules follow the structure: if H, then C, where H represents the hypothesis and C represents the consequence.
Legal Norms in Force
Legal norms become effective when they have been enacted and published in the Official Gazette.
Empty or Regulatory Gaps
Empty or regulatory gaps in the law are resolved using methods of legal integration, such as analogy and equity.
National Sovereignty
According to the Spanish Constitution of 1978, national sovereignty resides in the people.
Separation of Powers
The theory of separation of powers was proposed by Montesquieu, dividing government into three branches: legislative, executive, and judicial.
Ordinary Laws
Ordinary laws are made by the legislature.
Ombudsman
The Ombudsman is an institution that supervises the activity of the administration.
Moral Rights
Moral rights are considered to be above the state and its rules.
Right Target
Concept
Rules may be imposed coercively.
Features
- Overview: Regulating a matter generally.
- Imperativity: Enforced imperatively.
- Otherness: Regulates relations between individuals.
- Coercibility: Power enforced.
Subjective Right
Concept
Power or authority conferred by the rule to the subject that allows them to require actions or abstentions from others.
Elements
- Faculty: Power exercised on someone.
- Obligation: To do or not do something.
- Standard: Always based on the standard.
Contents
- Claim: Who has the right can enforce it.
- Enjoy: Gives the holder the enjoyment and satisfaction of owning and exercising.
Class
a. Classic
- Actual: Direct and immediate power over things.
- Erga Homnes: Or credit obligation: to give, do, or not do something. Determined and individualized forced.
b. Modern
- Freedom: The minor will of the owner.
- Claim: When decisive will to demand it.
- Legal change: Will of the owner to the highest degree. Allows the holder to create new legal relationships and modify or terminate existing ones.
Fundamental Rights in the Spanish Constitution
Private
- Life
- Privacy
- Conscience
- Honor
- Home
- Correspondence
- Residence
Political
- Religion
- Security
- Detention
- Detainees’ rights
- Habeas corpus
- Expression
- Association
- Education
- Petition
Economic
- Unionization
- Strike
- Property
- Inheritance
- Work
- Business
Code of the Seven Games
The Code of the Seven Games is a work by Alfonso X.
Dolo
Dolo is an act with the intent to cause harm.
Spanish Civil Code
The Spanish Civil Code was enacted in the nineteenth century.
Roman Law
Roman Law occupies a prominent position in the history of ancient rights.
Closed System Model
The closed system model is exemplified by the Civil Codes of continental European law.
Sources of Spanish Private Law
The sources of Spanish private law are the law, custom, and general principles of law.
Codified Law of the European Continent
In the codified law of the European continent, the judge is merely an interpreter of the law.
Authentic Interpretation
Authentic interpretation comes from the same legislature that enacted the law.
Concept of Government
The concept of government includes Local Government Administration, Regional Administration, and State Administration.
Lawsuit
The lawsuit is the key that enables the start of a process.
Usufruct
Usufruct is the right to use and enjoy the right thing, which is to become the owner of the fruits produced by it.
Real Rights
Real rights can be classified into two broad categories: property and real rights in another’s property.
Sales Contract
The real elements of the sales contract are the thing and the price.
Capacity to Act
Capacity to act is the ability to perform certain legal acts.
Age of Majority
The age of majority is reached at age 18.
The disabled can hold its own assets.
Associations are legal persons, corporations and foundations.
The main purpose of marriage was classic: the procreation and education of children.
All children have equal rights if the affiliation is: marriage, no marriage and adoption.
The legitimate descendants of the sons in the Civil Code is: the two-thirds of
the estate.
Historical sources español.Se law consists of two parts:
Sources of production, legisladores.Fuentes knowledge: law, documents, etc.
“ They come to today.”
Public Law: Law Constitucional.Administrativo.Penal.
Procesal.Financiero and Public Tributario.Internacional.
Private Law:
Civil Law: Part general.Derechos reales.De obligaciones.De familia.De succession.
Commercial law.
Labor law.
Private international law.