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Notes: English Handbook ON Spanish Civil Patrimonial LAW II
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Notes: English Handbook ON Spanish Civil Patrimonial LAW II
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HANDBOOK ON SPANISH CIVIL PATRIMONIAL 3. RESUME.CHAPTER 1. LAW AND SOCIETY.
LAW AND SOCIETY.
Law: instrument of legal rules established to regulate co-existence, and it is imposed for the
controlling authority empowered to do so.
Rules:
Law
Custom
General principles of law.
Private Law: The one that regulates private activities undertaken by individuals. Regulation of
relations between individuals and between individuals and the State when the latter acts in
the private sphere.
Public laws: regulates the organization of the State and the legal relations where the State acts
in its sovereign capacity as the defender of legal order. It is justified by the need to protect the
general interests of the society.
PATRIMONIAL LAW AS A PART OF CIVIL LAW.
Civil law: part of the legal system made of norms and institutions that rule the relations
between individuals within the community.
French revolution (individualism) Common interests.
o Person and its ability to hold and exercise legal rights.
o The possibility and ability to acquire and enjoy legal rights
o Undertake economic transactions.
o The regulation of personal and patrimonial consequences of someone´s death.
**We study the norms and institutions that order the economic activity among individuals.
Civil patrimonial law:
Law of obligations: the law regulating economic relations between individuals
o Obligations
o Contracts
o Quasi-contracts
o Civil or non-contractual liability.
Law of things: relations between individuals and goods.
o Right of property
o Right on someone else´s things.
o Registry law.
Autonomous communities can rule:
Urbanism.
Consumer protection
Interior market
,Just regulated by the State:
Immigration
Nationality
Forms of matrimony
Applicability of legal rules
Regulation of public registries
Bases of contractual regulations
Intellectual or industrial property.
Laws that aren´t included in the civil code:
Regulation of Foundations and Associations.
Intellectual property.
Horizontal property.
Consumer protection.
Mortgage Law
Civil procedure Law.
Civil Code: its rules are applied to supplement deficiencies in matters governed by other laws.
ECONOMIC PUBLIC ORDER.
THE ECONOMIC PUBLIC ORDER: Is the action of the organization in order to organize the
economic structure of the society. Provides that the State, by means of law, may plan the
general economic activity to attend to collective needs.
Principles that inspire the organization of the economic order in Spain:
PRIVATE PROPERTY: The principle of private property contained in article 33 in
SCEconomic goods can be attributed to individuals and not to the State. **Limited to
the general interests of community.
o All the wealth of the country is subordinated to general interests. **Essential
resources or services.
o Existence of public property.
ECONOMIC FREEDOM:
o Free market: the means of production can be in private hands. Freedom in the
production and exchange of goods and services. **State can intervene.
o Free enterprise: Right to create and conduct a business for profit without the
intervention of the State. **According to general interests again.
o Freedom of contract: right to choose the contracting parties and to negotiate
until terms agreed by both.
Contract permit individuals to create their own enforceable rules.
**State might forbid contracts that hinder the public good or the public
interest if they are contrary to: Moral, law or public order.
EXCHANGE PRINCIPLE: The economic order is based in the exchange of goods and
services so legal rules must be set to regulate such exchange; have to be based:
o Valid and true cause.
o Equilibrium.
MORAL SENSE AND THE PRINCIPLE OF GOOD FAITH:
o Moral.
, o Good faith:
Honest intention
Confidence in the correct behaviour of the other party.
LEGAL CERTAINTY: Agents acknowledge the certainty of that rules will be accomplished.
o Can foresee the consequences.
o Won´t be judged arbitrary.
o Law should be clear and as precise and stable as possible.
o The necessary limitations to the principle of retroactivity have to be made.
o Legitimate expectations have to be protected.
o The judiciary must be independent.
o Courts should be easy accessible and their decisions have to be binding and
properly justified.
o Judicial review has to be secured.
, CHAPTER 2: PERSON´S LAW.
PERSON´S LAW.
The law regulates situations in which persons are involved in order to organize their interests
and avoid conflicts arising from patrimonial legal relations.
Dignity of the person
Inviolable rights inherent to them.
Free development of personality.
Respect to law
Personality rights: fundamental rights, comprise different manifestations of human dignity.
Right to life and physical and moral integrity
Equality
Ideological and religious freedom.
Freedom and security
Honour, personal and family privacy
Inviolability of home
Secrecy of communications.
Freedom of movement and residence.
Freedom of speech, press and communication of information.
Person: every man is by nature a person, and has personality, it is subject of legal relations,
has the ability to be the subject of rights and obligations. Also corporations, partnerships,
associations, foundations… (certain goals that has to be achieved by group).
NATURAL PERSONS AND PERSONALITY.
Natural personsHuman beings.
Personality: “personality is acquired at the time of birth with life, once the complete loosening
from the mother´s womb takes place.”
**Nasciturus non-born child can be considered as effect of being born in the moment of
undertaking certain rights such as a donation. *Effects favourable to him.
CIVIL AND LEGAL CAPACITY
Civil capacity: they can hold legal rights.
All natural persons have it
Nobody can be deprived
Can hold legal rights but cannot administrate them nor execute his rights.
It would need a representative.
o Appointed by law Minors Parents.
Legal capacity: is the capacity to manage and exercise the rights and obligations that the
person holds.
Acquired when a person turns 18.
Complete
Limited
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