Histogram Advantages Disadvantages

The Time of Instruction or Process Object

I tell you, that avatar of defense, had to travel to Union City. The issue is on an expedited process for the crime against property, aggravated usurpation. In this regard we know that art. third of Legislative Decree No. 124, notes that the period of instruction is usually within 60 days and extendable once for 30 days. We agree?

Good. That is clear. So says the standard. But I ask, if within that period, there have been no out all measures aimed to clarify the facts? And if these have not been the subject causes atrubuibles trial. In this case the victim. The victim. For example there has been no diligence inspection. So called in the Code of Criminal Procedure Article 130. However, in this town inspcción Judge calls it justice.

This diligence sui generis. Important not done, through no fault of the parties to the proceedings. Negligence but the judge. It also has not been completed the survey the damage, also not for reasons attributable to litigants, but read well by the negligence of the judge, who apparently looks more like an assistant Secretary, because this is who heads the process.

not received the caution statement of the victim, even though it has requested more than three times by two actions. No testimony has been received. And the judge said Mr "YA CAN NOT MAKE SUCH SUIT, BECAUSE THE TERM OF THE INSTRUCTION ALREADY HAS EXPIRED. MY TOP PREVENT EXPANDING WITHIN ME UNIQUE. This Judge is a good judge? This is the kind of Judges the country needs? This is the form and manner of effective judicial protection,? Who will save us from abuses and violations of these timid judges? This will give legal certainty to society?

For our modest concept is not. Because judges of this profile and on the pretext of the term,

leaves hanging from the edge of the abyss who goes to court to seek justice. Lords rather than the rule that says the end of the period. But the judge in question to forget Article 72 of the Code of Criminal Procedure, which states that the judge with the power under paragraph 49 of the same body of laws, must by all means reach for the process. Or not? More seriously, it has not agreed to anything of the constitutional guarantee of due process contained in the inc. 3 of Article 139 of the Constitution State. With omissions, and irregularidaes noted previously been respected due process?. also has not violated the guarantee of the right to defense? This is the way to administer justice within the country?

Our view is that this man Mgistrado should extend the period of research on an exceptional basis for 20 days more, and carry out the steps punctuated, and especially the inspection eye and expertise to determine damages. Anyway there are some judges,

their shyness, and muscle-flexing poses, instead of rescuing and re-evaluate this Power, merely increasing the people's censure.

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A tale of tax reform

Hello!

Today I'll make a brief comment on that area of \u200b\u200bknowledge that meet the law, politics and economy and that we love to everyone: taxes! I've never been a fan of financial and tax law, but want something that you have left after 3 months on the subject matter. And this whole tax issue is highly topical, as it was presented today in Parliament the draft State Budget for 2010 which includes, among other measures a rise of value added tax (VAT) from 16 to 18%. I focus on this specific point and why I think is wrong as a strategy to overcome the crisis.

There are basically two guiding principles of taxation: equity and progressivity (31.1 EC). These two principles are somewhat contradictory, since it implies that escalation has the most pay more, and equality implies that we all pay the same . The ultimate progressive tax is the income tax (PIT): if you earn 17,000 euros, the rate is 15%, whereas if you earn 50,000 euros, the rate is 24% (simplifying a lot and all the nuances of world that can found in the tax law). I said, the more you have, the more you pay. VAT, for its part, is a great example of the principle of equality, because no matter how you win, everybody pays 16%. So far so good, I hope.

Well, now let's see the current situation and the effects of a VAT hike, albeit with the rigor of a person without notions of economics. The question is: Who most noticeable increase in VAT, a person earning € 6,000 a month or a person who is unemployed living at 800 € a month? For the person who is unemployed, of course. Thus we see how the VAT is in fact a regressive tax with effect or in other words, especially affects the poor people. Hence

cost me see a consistency between what the prime minister says and what it does. If you want to increase revenue in order to provide more social services (say re-education courses, say pay off) is better to raise taxes on high earners and go for investment companies that do not really know what they are but it has something to do with where the pasta hide the great fortunes of the country (and only pay 1% tax.) With an increase in VAT hurts the people you're trying to help.

Seeing as is the patio, I can only join the chorus of critical voices with government performance. What you do you think?

Cuidarsus!

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Small differences (II)

Hello and happy day of Mercy to all!

All right, I hope. Today is a curious thing, as is a holiday in Barcelona (Mercè is the patron) but not in the metropolitan area, so if you live in Barcelona but work in, say, Badalona, \u200b\u200byou have to go to work like a champ. Here we are, holding the country, yes sir! As you'll imagine, I'm in Barcelona and waiting for me to claim in the capital. And I now I have vacation, but will, in fact took the entire month of September in the same plan. Although good, seeing what comes over me is not to make too many parties ...

Anyway, this week I offer ladoctrina the second installment of the "small differences" . As I explained in first post of this series I try to do is compare the normal meaning of certain words or expressions with the meanings given to them in law. And the truth is that there are things you can not believe it can have such different meanings. Today we will focus on launching and hidden defects

1. Released . Describes the action of projecting an object in the distance. So, talk about a shot or shot from the line of three in basketball, or launch effective in baseball. O javelin in athletics. Everyone is familiar with what a release, go.

Well, in procedural law, when we launch we refer to an eviction. is, when you have to take someone from a property (say floor chalet tell, say land) by force, what we do is execute a statement that requires the person to leave the house but still with Case refuses. In a sense it is true that the meanings are similar, although the person who "squat" the house is not the spear, literally, while the image throwing Barney Moe's bar is well known by everyone.

2. Hidden defects . This is good. A latent defect, normal, meaning they do not know, smoking in the toilet, take a flask of whiskey in the ankle "just in case, look for the lock the wardrobe of the girls, keep a box of cookies in Prince box office, play play until the wee hours of the morning with no volume so you will not hear your parents, or I know, any other you can think of. The most common meaning of vice could say it's a bad habit or an addiction usually considered negative. And hidden, in turn, means that lurks, that is not done publicly.

Little to do with the definition we give to latent defects in title. In civil hidden defects are those characteristics of the object of the contract that make useless or reduce its value substantially and can not be seen with the naked eye . This hidden defects is discussed in depth in civil II (well, or studying until implanted Bologna), and it is easier to understand with examples. If I buy a car and has no crystals this is a normal service and detectable by anyone. If instead the car seems to pull, but suddenly the engine explodes because there was not what liquid, this is a latent defect, since it was impossible to realize that the defect existed.

To conclude nothing that the seller is liable for latent defects (1484 et seq. CC). Look, this can serve sanitation for the next episode of small differences.

had another word ready, but maybe I do keep this post is already long enough.

Nothing more, good weekend!

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Good!

I write today in the midst of a stormy night well completita: rain, thunder, lightning and all that, you know what it's all about. In any case here we are, taking it all for the blog, rain or snow, cold or heat. This week there have been major developments in my life, so I am going to save the opening paragraph ever.

Still, I have to use this blog to recommend a great invention of Google: Google Reader . It's great to read the headlines of the day at a time or to track all the blogs you please without having to open them all one after another. The truth is that the rule gives Google some fear and that they know everything we do on the net is as distrustful. But the truth is that with this the reader will have marked a point. Take a look and see what you think.

said, and to solace my (our) soul in such a night, what better than a good dose of civil rights III? Oh yeah! Talk Property today as well, with a capital. To see how I explain. In the world we have things and people. There is nothing in this state of nature to attribute certain things to certain people, but is rather through the right to assign an "owner" to things . The concept of ownership is therefore a law-making in Spain can be found in the Civil Code and llibre some of Codi Civil de Catalunya, with regard to the proper law of the land. I will not get to study the typical division between private and public property, including movable or immovable property, etc, etc because it would be a bit too, although the rules for each of these categories vary widely. A couple of strokes on the "content" of this right and ale, to bed.

This is useful to transcribe the first part of Article 348 CC, which is characterized, as so many articles of the code for its clarity and simplicity: " The property is the right to enjoy and dispose of a thing without other limitations than those established by law. "So if I'm the owner of a chair I can use it to sit, leave it to a friend or remove it (= fun) or I can sell it (= be). And the same with a house, a car, a pen or any other movable or immovable. However, since you see that the property right is not absolute and free of limitations, since it is subject to what the law says. That is, if the law says "you can not sit in your chair," it would be a limit to the property would have to comply. This law does not say, missing more, but does impose important constraints such as eminent domain. You have your land and all you want, but if all the requirements of the law of eminent domain your right of ownership over this area will become the mere right to receive fair compensation for the same in the public interest. It hurts, but it is. Best

leave the second part of Article 348 (the repossession) for another day, do you think?

comentaís to see if that seems impossible!

Health to you all.

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property Diplomacy (I)

Hello, family.

How about going back to school? It is never easy returning from vacation, you know. And even less what to expect when the crisis on the one hand and other flu. Not to mention the ruling of the statute, Berlusconi's jokes and the ministers, the war in Afghanistan, health care reform in the United States and the visit of his friend Chavez. You have to see how well he paints the beginning of the year, right?

Pessimism aside, this course begins with a new stage in the life of whom I write and, by extension, in the life of this blog. Completed the law degree and the title under the arm throw me to study competitions, which as we all should know, are the tests done to work for the government, whether of the State, Autonomous Community and the town hall. And I'm not going to spend some opos either, no sir, v o to study nothing more, nothing less than to be diplomatic . And this just wanted to tell you today. I express only four reflections on the subject, since talking about diplomacy could spend hours and not plan.

1. The policy carried out by the government may be divided between domestic politics and policy abroad. The first is taking place between government and citizens of the country and which is mainly developed in its territory. The second is the one that has to do with relations between the state itself and the rest. Example of things first: pay taxes. Example of the latter: the bilateral summit nothing between Spain and Italy. That said, diplomacy or the diplomatic body is , within the ministry of foreign affairs, who is basically responsible for carrying out this "foreign policy" , in the same way that the tax charge to raise taxes.

2. Just as judges, prosecutors, notaries, police and tax inspectors are in the country, diplomats there are only two places: the Ministry (in Madrid) and embassies, consulates and missions (diplomatic) in the world (which are everywhere except in Spain, as you can appear.) This largely explains why I have decided to consider the opposition in Madrid where she is walking.

3. And I'll be saying: "All this is fine, but nobody here has told me what these diplomats." However, in the vernacular diplomats do three things, I write in order of importance: Organize cocktails and dinners in their homes and / or go to cocktail parties and dinners at the homes of other diplomats (the famous "dinner at ambassador's home"); represent the State of origin in the receiving State (ie, Ambassador Japan represents Spain in Spain to Japan, surprise!); and assist "their" citizens in the country. This last, perhaps most useful to us all, is the subject of a new advertising campaign of the Ministry, which IMHO is not bad. I recommend you to take a look here .

Anyway, I think with this and to know that the opposition come some 225 themes ranging from "The functions and purpose of private international law and regulatory techniques" to "Bases of economic dynamics: growth and development. Growth and structural development" , through "political and social developments in the Arab world. The peace process in Middle East", you can make some idea of \u200b\u200bwhere I'm getting into. In any case, know that we will return to this later, once you're more into the core.

Any questions you know.

A treatment!