Custom, General Principles, and Jurisprudence in Law
Custom and General Principles in Law
Custom (or customary norm) is a legal rule determined by a social collective (territorial, professional, or other) through the generalized, uniform, and continuous observance of a conduct, with the conviction that such conduct is compulsory. This differentiates custom from other social uses and customs of a merely moral character. The importance of custom today is much less than it once was, although it still has some relevance in certain sectors (e.g., rural
Read MorePartnership Liability Analysis: Case Study
Case Study: Partnership Liability
Assumption 2:
In 1995, Miguel Angel, Jose, and Ramon formed a partnership dedicated to purchasing motorcycles. In 1997, Ramon married Isabel under a community property regime. In 2001, Miguel Angel transferred his shares to Frederick. This transfer was not communicated to the partnership until 2003. In 2006, the partnership incurred a debt of 10,000C, while its assets were valued at only 1,000, and the capital was depleted. Jose managed the partnership, which operated
Read MoreUnderstanding Tax Principles: Special Contributions and Economic Capacity
Special Contribution
Special Contribution is a tax based on the principle of benefit that is intended to cover capital expenditure to be made in public works or the establishment or expansion of services. Those who see benefits from the administrative action are required to pay, since it is reflected in the increased value of property or benefits in particular. By law, special contributions are those taxes in which the chargeable event is the acquisition by the taxpayer of a benefit or an increase
Read MoreFundamental Principles of International and EU Environmental Law
Basic Obligations of International Environmental Law
The basic obligations of international environmental law are often considered the foundation of this area of law.
The Principle of Cooperation
Known as the principle of good neighborliness, it is enshrined in most international treaties on the matter. Its performance has often been the subject of international disputes in relation to transboundary resources. For example, a clash between Ireland and the UK regarding the installation of a power plant
Read MoreUnderstanding Constitutional Sources: Law, Custom, and Pacts
Constitutional Sources
Primary Sources
Primary sources do not presuppose the existence or operation of other prior sources. Examples include genuine constituent power, assumed habit when the law is against it, and the social contract.
Secondary Sources
Secondary sources presuppose the existence or operation of other sources. An example is the case law of constitutional reform.
The Role of Custom
Customary, repeating actions and behaviors can effect changes in constitutions. For this to happen, constitutions
Read MoreUnderstanding Public Service: Roles, Subrogation, and Ethics
Instructions and Orders of Service
The instruction or order of service is determined by the authority of a service, through which orders are given to staff. The utility commission is characterized by the following:
- It should be made by an administrative act.
- It is to perform certain activities.
- It is limited in time.
- It cannot mean an official expense.
- It can mean the transfer of staff.
Subrogation
Subrogation is the automatic replacement mechanism established by law, so that an official is always in charge,
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