Notes, abstracts, papers, exams and problems of Law & Jurisprudence

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Constituent elements of state

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Constituent elements of state

In the International Statute of the State will be a number of factors, but the basic is whether it is state, and to know you have to consider first the elements of the state, how to create a state, what are the elements main, these are:

Territory: The territory of the state is threefold: land area, airspace over the land surface and sea space

Population: the idea of ​​nationality, national call to citizens under participating in democratic processes in the development of standards, election of representatives

Minimal political organization that supports sorting and organizing the territory and dominate the population.

We can add any non-essential element, three aspects for the establishment of a state: legal... Continue reading "Constituent elements of state" »

Subjective Rights

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1 .- Concept D ° Subjective:

- Law in the objective sense is a set of legal rules governing the conduct of men

- Law in the subjective sense is contained in the substantive law (as when speaking of one or the other is because they look different aspects), is the faculty that has a subject to perform specific behavior, or refrain from it or require other The subject line of duty, serves to make, do and demand.

- These two concepts are related, since the definition of D ° objective is obtained for the individual right that could be formulated as follows: Power to act to satisfy their own interests guaranteed by law.

- There are some rights that are exercised without the consent, as the inherent rights (HR)

- We must make it clear that the... Continue reading "Subjective Rights" »

Analysis of tourism market

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HOTEL MANAGEMENT AGREEMENT/Definition: A hotel management contract is an arrangement whereby a hotel’s owner contracts with a separate company, or an operator, to run a hotel/-The owner retains limited control over the operation of the asset often through measurable performance standards albeit that the owner retains more risk than if the hotel were leased to the operator/-An operator, or hotel management company, hired to run a hotel business will provide supervision, expertise, established methods and procedures and normally also a track record of verifiable past performance. The operator runs the hotel for a fee according to specified terms negotiated with the owner /Term: /-The initial term of a management contract is the length of time

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Complete theory of Roman Law

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ITEM 1
ROMAN LAW

Concept and importance

Roman law is called the set of legal standards that governed the Roman people since the founding of Rome. It is the right that has gained perfection in human history, both from the standpoint of justice of their contents and from the art and logic of legal arguments perennial.

From the sixth century, Roman law as the trunk is configured principle upon which rests the right of which are constituted as European nations, which in large part, are configured based on the ancient Roman provinces of the Empire : Italy, Gaul, Hispania, Britain, Germany, Belgium, etc..

The Roman law is the source and origin of the right of all European nations except the Anglo-Saxon.

The Corpus Juris Civiles (body of civil law)... Continue reading "Complete theory of Roman Law" »

Subjective right

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THE RIGHT: traditionally taught that the law can be understood in an objective sense, as the rule of law addressed to recipients to prescribing or imposing a certain behavior, or in the subjective sense, as the possibilities of such citizens to exercise sisfaccion powers for some interests, according to his own devices. Technical Estrustura DS: a / Subject: all right precencia is required of a subject, ie the person belongs quie power when the law is. The quality of the membership of the subjective right aa a particular person is the> title <. b / Subject: it is the holder of the world outside, on which their power rests. They can be tangible, specific behavior may be due to another person may be legally objectionable fumes of the person... Continue reading "Subjective right" »

Sovereign equality

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Fundamental principles, sovereign equality and nonintervention

The sovereign equality of states, proclaimed in the arts. 1 and 2 of the UN Charter and is developed in Resolution 2625 of the XXV session, this principle states the formal legal equality between states but we can not forget the real inequality in relations of influence, power, strength, even formal inequalities. There are certain obligations that are built on this principle, respect for territorial integrity of states and political independence, non interference in internal affairs of state bodies and behave according to international law. In short, the principle of sovereign equality is: freedom of action of states, their independence and the prohibition of interference in the... Continue reading "Sovereign equality" »

Criminal law

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LESSON 7 From now on we will see everything on the "ius puniendi", ie the right of the State to punish, a right that is traditionally attributed to specific periods powers exercised that right with absolute power to punish. The problem with this was the lack of discretion and abuse. LIMITS FORMAL AND MATERIALS Today, based on this, discussing whether the "ius puniendi" is a right or power: if the State exercises this " puniendi ius "because it attributes as an exercise of sovereignty or gives him a right. The "ius puniendi has two manifestations: one is the ability of law-making and secondly, the ability to enforce the laws. The State acquired a subjective right to obedience by the citizens with which it has a right to impose punishment for

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Universal Values

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Shared universal values

Shared values encompass all those in a society, nation or community is widely accepted. This group consists of: the dignity, justice, freedom, respect for life, physical and social security, happiness and beauty

the universal declaration of human rights provides a set of guidelines for the life of a society and celebrates the universal values implicit or explicit in the principles outlined
dereclacion in, for example: Freedom and equality in dignity and rights of all people, Right to life, liberty and personal security and social Elimination of all forms of slavery, servitude, torture and inhuman or degrading to human dignity recognition to the ley.Reconocimiento of innocence before a trial, until contrario.Respeto
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Modes of acquiring

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Abstract
Ways to Acquire

It is a fact or juridical act which the law grants him the virtue of operating in the generation, transfer and transmission of domain D ° D ° and the other real

Features
1 .- It is a fact or juridical act
2 .- Its origin is in the law
3 .- Opera in the generation, transfer and transmission

Theories
Traditional Doctrine: It has its origins in the D ° Roman. Distinguish between
ØTítulo or remote cause of acquisition: the factual or legal act that serves as background for the acquisition of ownership or other real D °.
OMOD acquire or proximate cause: the fact or legal act which actually produces the acquisition of ownership or other real D °.

Title traslacticio Domain: enabled titles for the subsequent... Continue reading "Modes of acquiring" »

Natural Law

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22 .- Themis: it began as the daughter of Zeus, as was the Associate divine government of the world, was attributed to Themis, the monitoring of human behavior in general.
23 .- Dikaiosyne: finally imposing the term that reflects the general virtue and absolute understanding of the other virtues.
The poet Teoganides say that justice is the greatest virtue.
24 .- Overcoming legal positivism. To set the setting of the modules of laws, customs, habits and institutions, the coordination between them. Question which confronts us to the subject of legal sources. Formal sources are the bodies of the standards or modes or forms of that creation. As noted by J. Vallet de Goytisolo is the theme of transcendence and immanence of the right for society

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