Administrative Appeals and Sanctions in Public Sector Law
PART IV: Administrative Appeals (Continuation)
Section Two: Appeal for Reconsideration
Article 94. The appeal for reconsideration against any official act, intended for personal use, must be filed within fifteen (15) days of notification of the contested decision, before the official who issued it. If the act does not conclude the proceedings, the court before which this appeal is filed shall decide within fifteen (15) days of receipt. Such action cannot be brought against this decision.
Section Three:
Read MorePenal Provisions and Procedural Rules for Special Crimes
Specific Circumstances and Affected Persons
3. …governing the Electoral Power; affected members of the Bolivarian National Armed Forces on active duty and the exercise of their duties; officers or officials of public security bodies and organs; heads of diplomatic or consular missions accredited in the country; and their relatives within the third degree of consanguinity and second degree of affinity.
- Committed to cause disturbance or public alarm.
- Committed against a relative within the fourth degree
Legal Evolution of Cultural Heritage: Definitions and State Functions
The Legal Evolution of Cultural Heritage Concepts
The phrase “cultural heritage” is the result of a slow and profound change in legal language, shifting towards a more extensive and inclusive definition. Previously, the narrower focus on “art historical” interests struggled to serve this unifying function, leading to its decline in prominence.
However, recent Spanish legislation concerning the constitutional development of this area introduced confusion with the title adopted: “The Spanish Historical
Read MoreNational Assets, Concessions, and Expropriation Compensation Rules
National Assets, Domain, and State Property Management
Permission on National Assets for Public Use
Through permits, the State can grant preferential use of national property for public use.
Concession on National Assets for Public Use
This is an act of granting authority to individuals regarding the right, appropriation, or private enjoyment of national goods belonging to the public or state domain.
Theory of the State’s Private Domain
This theory holds that national assets designated as public domain
Read MoreEconomic Concentration Control and Capital Stock in Spanish Law
Economic Concentration Control in Spanish Law (LDC)
The Law on Defense of Competition (LDC) addresses the control of economic concentrations. The provision refers to any stable change of control of the whole or part of one or more companies resulting from a series of operations, such as a merger or the acquisition of control of the whole or part of another company.
Article 8 LDC delimits the scope of application of the Law to concentrations based on the presence of one of the two following circumstances:
Read MoreProduct Liability, Advertising Ethics, and Key Workplace Rights
Consumer Safety and Product Liability
Key Legal Concepts in Product Liability
- MacPherson v. Buick Motor Car Case
- Expanded the liability of manufacturers for injuries caused by defective products.
- Due Care
- The idea that consumers and sellers do not meet as equals, and that consumers’ interests are particularly vulnerable to harm by the manufacturer, who possesses knowledge and expertise the consumer lacks.
- Caveat Emptor
- Latin phrase meaning, “Let the buyer beware.”
Strict Product Liability and Utilitarianism
- Strict