Monday, December 28, 2009

Finger Swollena After Shoveling Snow



Hi everyone! Merry Christmas!

How do we the last days of 2009? For me there is no complaint, being as I am skiing in the Pyrenees, though the weather was not as it should. Not to be three or four days, that of the mountain come to me I feel fantastic. Do you have any New Year's resolution? Will quitting smoking? FREE list of the gym? It is the time, you know.

Finally, we will as we go. I had told myself I would not write on the item you see in the head for several reasons. The principal is to be be eager to get into a major mess, since it is a very thorny issue in itself, leaving the whole media issue out of it. Neither wanted to write because, to be honest, I have not read either the text of the statute or of the action, so that I know about the topic is based on what I read in the newspaper and what I remember of constitutional law (which yourself silly, 4 years ago I studied). Anyway, finally, as you can see, I decided to throw because I think an issue as important as this should be treated on a blog like you have before you. That said, I throw myself into the adventure.

First things first: What is a Statute? In short, we can say that is the rule governing each Autonomous Region after the establishment (CE). Important things to note: 1) Mechanism for approval: The statutes are approved by law (organic) of the Parliament following the proposal of regional institutions. 2) Content: The laws can only deal with those powers available to them in accordance with the EC.

Like any other law, the statutes are subject to constitutional control exercised by the Constitutional Court (which, incidentally, is 5 minutes from my dorm), if brought before it an application or a question of unconstitutionality. The main function of this court, very briefly, is to ensure "legal hierarchy", ie any law contradicts the EC (if not this dog would pixa) and from a legal point of view has important political function da-men-tal. His appointment and the present situation (of non-renewal, etc ...) can, of course, be criticized, not, in my opinion, the institution itself or its legitimacy to study the constitutionality of the statute. Who else should? The balance between democracy (read the statute approved by referendum) and rules that regulate (ie control of the constitutionality of the TC) is always tricky, and something that should be weighed carefully and after thoughtful debate, even though these words seem contradictory today.

Well, now the purely personal analysis, which will add to the rivers of ink already written about this: Why are so tied to the track? As I see it, the creation of Autonomous Communities by the European Commission left the door open to both a centralized state model as a federalist model, so to speak. Failure to resolve this issue allowed the EC to approve, and everyone was more or less happy. What happened to the statute is that Catalonia has tried to pull the string toward the federalist side and this has not liked anything in certain sectors, throwing them to bring the famous resort. Then of course, the TC has been above that for a brown why: not only has to say if the statute is complying with the EC, but at the same time to solve, once and for all, the question of territorial model Spain. What do I think it will? In January we will see, but it gives me that dodge the issue as best they can, leaving the debate for later.

leaves two thousand matters to discuss, but I think that this is enough to end or beginning of the year (depending on when you go to read this.) This 2010 is durum, including competitions and the (inevitable "?) Secession of Catalonia will certainly cut fabric on the blog ...

Until then ... Happy 2010!

Pyrenean Hugs!

Sunday, December 20, 2009

When I Turn 21 Do I Need To Renew My License

The

Hello!

All right? Here in the capital makes freezing cold, even snow has fallen this evening, giving us all the college a Christmas scene that why. We had a couple of days through-all-the-world-known "Christmas Party", where the rookies had a chance to make the sentence a long time, free at last and for what we have left in the convent of any hazing, what a relief. Well, as often happens at this time, everyone starts to return to their homes with their families for Christmas. I hope to get to Zaragoza without problems (do you can believe that there is no direct bus Madrid-Huesca?), But with the cold hits me I have them all ...

Come with today's topic: the public trust . So at first glance it might seem that this is some kind of religious doctrine or something, but nothing is further from the truth. In fact, the question we will try to answer today is one that no doubt you will have made more than once: "Why notaries charge so much if you only have to take an autograph? " The truth is that the issue is not simple try, but otherwise notaries and registrars are a fundamental part of our legal system, so that we can not forget them in the doctrine is divided. Not to vary, the four things that are then put personal thoughts without manuals and without consulting anyone, so tomáoslas as such.

Let's see where to begin ... Well, as I said here ever, under our law the principle is of autonomy that does not mean that everyone else does basically what you want, provided they do not interfere in the rights of others. This freedom is manifested with particular force in contracts, in which we force ourselves to give, do or not do something. As a general rule, contracts (nonverbal) are reflected in private documents, ie, in a word document more or less clearly spelling out the obligations of both sides and ultimately signed by both. Well, there are certain contracts and certain acts which, by its importance, its effects and the involvement of third parties must be made in a public document (aka-Also Known as- deed). Let me explain with a couple of examples, which may well be better understood.

If I buy a Christmas present to my brother I am carrying out a contract of sale which in fact is reflected even in a document (perhaps in the ticket purchase), because 1) the low amount of purchase and 2) there must be a certain speed in the "legal transactions" (expression of the race where they exist). So every day we make a lot of acts and contracts without even realizing and without any problems. Now, what if I buy a house? The purchase of a property is much more serious, both quantitatively and qualitatively, what guarantees are also higher , of \u200b\u200bcourse. Thus, the purchase of a property must be by deed and be entered into the registry of property, in other words, must pass two filters to ensure that the sale was successful . And does that mean? Well, we made sure that seller and buyer are who they seem, that the house is being said, the seller can sell the same, which have paid the relevant taxes and have not been infringed third party rights , among other things. But

this is not everything! (And I finished). Keep in mind two things:

1. With writing and recording we ensure that it is aware of the act or business , thus avoiding problems of proof in an eventual trial. A private contract is much easier to forge a public document, in which the notary swears (hence public faith) of what is contained in it.

2. If you have problems with writing to the log t anto notaries and registrars are subject to a strict liability regime , which means they can get to having to repair the damage caused by their mistakes. For this and the importance of the role is to develop what they charge both notaries.

Finally, the example I set for the sale of property is one of the classic examples, but there are many more acts and transactions that must be made by public deed: powers (licensing), wills, corporate events, etc. .. Menudo

temita for a Monday morning, go to another. To see if I can access internet and write something more light before the new year.

Until then, abrigaos well and pass a merry Christmas!

また ね!

Friday, December 11, 2009

Desiproject Train And Bus Groping

Public faith doctrine First Birthday!

Hi everyone!

I know I have been a little neglected lately, but that is what has changed this whole city and start to competitions and such and such. Anyway, I made a promise that I maintain: paradeta endure open until the body says enough. That is, more or less until May, when they called my competitions and I will be studying 12 hours a day. I can not wait (say sarcastically).

Well, here we are. Just a year ago today, during a break from the study of private international law, began to walk this blog. There are going to get sentimental, nor is the plan, but not bad, do not you think? 1 year 50 posts and not know how many visits. The truth is, rereading some little article, I'm pretty happy with the result today. We treated a lot of issues (more or less) to the right and I think for the most part, are left to understand. Nor prentendía this blog was much more than that, a place to make "The Right" was a little more accessible and to give vent to my legal freak.

That said, I want to make a small selection of things to read this holiday season, both this blog and elsewhere. From what I see out there is something that is customary, and as this blog is to last (note the creative commons license to right) will not be less. There he goes.

1. My favorite post: The proportionality.

2. Post more fun: I'm between two; doctrine is on vacation and legal dilemma. Judge for yourselves.

3. Most Viewed Post: The retroactivity. When you are in class, the first thing that law students is to search Google.

4. Blog to follow: Or the Timothy Garton Ash of or Sanchez-Drago. Each one you prefer.

5. Book entitled: As always, "The right and vice versa," Thomas-Ramón Fernández and Alejandro Nieto, Editorial Ariel.

no longer think of anything more ... Any suggestions?

holidays are approaching and the holidays and just do not know if I'll have much time or energy to write, but will try. Until then ....

A treatment! PD

Then the surprise guest at the birthday party ... ZAP!

Tuesday, December 1, 2009

How Long Does Chest Infetion Take To Hael



Or as is known for its boring name: the doctrine of estoppel.

How are we? I took two weeks and installed in the capital and the truth is that everything is a fable, almost certain it's because I have not yet made serious study (in plan 12 hours a day). Study hours apart, the truth is that here there is nothing wrong, people are not as crazy as it may seem at first ("100 people locked up 10 hours a day studying? This can not end well ...") and inviting place to study, since there is hardly anyone in the common areas except for lunch and dinner. All very well, well.

On the other hand, before we get to the topic, the blog headlines (or bronx): 1) In two weeks is a year, which will celebrate in style, and 2) The month of November there were 701 other visitors! (Great video of the boy, vid. 2:20 minutes.) Burr, right? Of these 80% are visits between 0 and 30 seconds. You have to see how fast you read today's youth ...

eeen end, we will as we go. Today I bring a rights issue, pure and simple: the doctrine of estoppel . Why? Because out in item 2 that I studied last week and I'm reviewing it because it is a subject that is not more known. It's a bit like the retroactivity or level of care : sale everywhere today, tomorrow there. Come, now without further ado: What's all this estoppel? Do you eat? If it gets wet it evil?

This concept of Anglo-Saxon origin to saying that a person is bound by the acts performed, including the unilateral . That is, I force myself not only through the contracts, but also my own actions may also have binding effects. The maximum Catalan "Ara ja ho has dit" plasma quite well the spirit of this rule. However, the act in question must meet certain requirements:

1. Advertising.

2. Will generate legal effects (which does not occur with the Conas, for example)

3. Not depend on the actions of others.

The importance of these three elements derived from the foundation of this institution, the good faith and that others can trust that I'm going to act the way they say. What a mess, right? Better get a sample that has little to do with law, but to help clarify the issue.

Imagine that I tell someone: "I will arrive at 6 in the Latin (or Zurich). See you there." This is an example of a unilateral act and as you will see more or less meets the three criteria: 1) The other person knows the act (I told you) 2) The declaration is a commitment (reach 6), although is not strictly legal, and 3) is independent of what the other says. To sum up, I am committed and I have to comply with what I said . Why do I have to meet? For because good faith tells us that in principle if I commit to something is to accomplish and not to screw the other life and because the other must be confident that I will do what I said . Can you imagine a world in which we were to assume that everyone is going to fuck ("bad faith")? We would not go anywhere ...

Last two statements: 1. With regard to international law estoppel doctrine is especially relevant in the recognition of states (there's that). 2. Not to be confused with the Doppler effect .

That said, I go to school.
Talu
! PD

I may have invented the requirements and, in fact, what is the estoppel. Any correction is welcome.