Midterm

Question 1

Private Law

Answer 1

Rules governing the relationships between individuals. It englobes Civil Law and Commercial Law.

Question 2

Civil Law

Answer 2

Is the essential nucleus of Private Law. It stands for generality, enormity and residual character.

Question 3

Commercial Law

Answer 3

Englobes Corporate Law, trademarks, etc…

Question 4

Convenio di Roma

Answer 4

Regulates commercial contracts mainly in Europe.

Question 5

Ius Civile

Answer 5

Law of the roman citizens.

Question 6

Ius Commune

Answer 6

Common legal culture in Europe.

Question 7

Natural Law

Answer 7

Is the philosophy that certain rights, moral values, and responsibilities are inherent in human nature, and that those rights can be understood through simple reasoning.

The problem is that these moral standards and values change over time.

E.g Nuremberg Trials and UN Universal Declaration of Human Rights.

Question 8

Rule of Law

Answer 8

Principle in which no person, government official or entity is above the law.

Question 9

What are the implications of the Rule of Law?

Answer 9

• Supremacy of the Law.
• Separation of powers: legislative, executive and judicial.
• Equal subjection to Law.
• Protection of citizen’s rights and freedom.
• Publication of the Law.
• Substantial and procedural quality of Law.

Question 10

Organic Acts

Answer 10

Regulate certain matters establish in the Constitution and are passed in the Parliament with absolute majority.

Question 11

Ordinary Acts

Answer 11

Regulate any other matters which are different from those established in the Constitution. They are regulates by Organic Acts and are passed in the Parliament with simple majority.

Question 12

Royal-Decree Acts

Answer 12

Are used in events of extraordinary and urgent necessity. They are drafted by the government but must be approved by the Parliament.

Question 13

Royal Legislative Decree

Answer 13

Are the drafting to redrafting of legal texts with a minimum legal context.

Question 14

Regulations

Answer 14

Bodies of rules approved by the government aimed to develop prior acts.

Question 15

General Principles of Law

Answer 15

Basic rules whose content is very general and abstract, sometimes reducible to a maximum or simple context.

Question 16

Precedent (Case Law)

Answer 16

A legal case that establishes a principle or rule. This principle or rule is then used by the court or other judicial bodies use when deciding later cases with similar issues or facts.

Question 17

Codification

Answer 17

The process of collecting and restating the Law of a jurisdiction in a certain subject, forming a legal code.

Question 18

What are the problems of Classic Legal Interpretation?

Answer 18

• In the strict sense, e.g. unclear provision.
• Gaps, e.g. non-existent provision.
• Evolutive interpretation, e.g statute who’s meaning changes while its terms remain constant.

Question 19

What is the legal interpretation of the Spanish Civil Code?

Answer 19

Two parameters:

1. Proper meaning (wording).
2. Others such as:
   - Context (Systematic Criterion).
   - Legislative background (Historical criterion).
   - Social reality (Sociological Criterion).
   - Spirit and Purpose of the rules (Theological Criterion).

Question 20

Analogy (Gaps in the Law)

Answer 20

An analogy denotes that similarity exists in some characteristics of things that are otherwise not alike. In a legal argument, an analogy may be used when there is no precedent (prior case law close in facts and legal principles) in point.

Question 21

Which requirements need to be met for Analogy in Spanish Law?

Answer 21

• No legal consequence has been set for the particular event.
• Similarity between both.
• Same ratio.

Question 22

Equity (Gaps in the Law)

Answer 22

Is a legal system for obtaining a fair result when existing laws don’t provide a solution. These may only be used when allowed by the legislation, e.g. to determine the amount of compensations.

Question 23

Entry Into Force

Answer 23

Is the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect.

Question 24

Repeal

Answer 24

To repeal something — usually a law, ordinance or public policy — is to take it back. When a government decides to get rid of an ordinance or law, that ordinance or law is repealed.

Question 25

Non-Retroactivity

Answer 25

The fact of a law, rule, or decision etc not having effect from a date before it was made.

Question 26

Subjective Right

Answer 26

Power of a subject to act for the satisfaction of his / hers own interests, protected under law.

Question 27

Absolute Right

Answer 27

Power that can be exercised against all others.

Question 28

Relative Right

Answer 28

Power that can be exercised against determined people.

Question 29

Real Right

Answer 29

Right over a good or property.

Question 30

Right of Credit

Answer 30

Right enforceable against (certain) people, e.g. Give / do / don’t do something.

Question 31

Prescription

Answer 31

The law of prescription is commonly understood as a statute of limitations. A popular example of prescription in the United States is adverse possession” where there is a presumption of abandonment of land after an extended period of time passes without being inhabited or openly claimed.