Understanding Procedural, International, Financial, and Tax Law
Procedural Law: Litigation and Legal Proceedings
Procedural law regulates matters relating to the development of procedures that come before judges and tribunals. Thus, procedural law arises when a particular or a public body engages in legal proceedings or exercises the origin of the process, being the main object of procedural law, which would come to regulate the various types of the same. It is the main engine of the process of judicial action that would be one means of legal defense of a right. The procedure regulates the functions of the state that are aimed at the objective application of substantive law in the course of a process.
The process is regulated with respect for the following procedural principles:
- Building Blocks: There are all sorts of processes in both civil and criminal cases, and among them is that of contradiction and the equality of the parties seeking to avoid a presumed helplessness of some of the parties.
- Technical Principles: Seek to achieve various purposes ranging. In the case of civil or criminal law, the question of legal standing could be said to be the power to execute the necessary procedural steps for the development of the process (Ius Actionis). The parts of a process must be empowered, i.e., have interest in it. Legitimacy is called active when the complainant is treated and passive when demanded.
Furthermore, deals have the right to request legal protection by the competent court, and this is done through a civil process. Within a civil process, we can distinguish between:
- Regular: Are used to resolve any legal dispute.
- Special: Yet to take care of previously taxed certain conflicts (marital issues, etc.).
As to effective judicial protection is concerned, is contained in section 24 of the Spanish Constitution and the guarantee that every person has to request the instance from court, the defense of an alleged right is a fundamental right. Making reference to art.24.2 arises as a fundamental right to presumption of innocence, the right that typifies both in law and in the Criminal Procedure, the right to defend that every person has to be presumed innocent until proven culpability.
Finally, for greater certainty, there is a procedural remedy, i.e., the possibility of challenging the judgments being appealed, the Order, the order and sentence.
Public International Law: States and Regulations
International Public Law dates back to the beginning of the 16th century with the emergence of modern states, and their profile is set to contemporary from the late 17th century. It can be defined from two concepts:
- Traditional: As a law regulating relations among States.
- Novel: It looks from the perspective of a future basis for common law Humanity.
Public International Law is applied to the set of states that present a triple content:
- Conduct Rules that States must respect in their international relations.
- Regulations governing the operation of some international organizations.
- A set of rules intended to recognize Human Rights.
But sometimes there are practical shortcomings of this right, especially in war. It wants to focus on: the absence of legislature to make rules, in some courts to apply them, and the existence of a performance imperative to do this sense cumplir. In this sense, it should be noted that the main sources of this right are the states themselves, with their main destinatarios. Do not be forgotten that there are some calls Ius cogens norms can not be contradicted by any other, leading to the treaties that are void against of them.
Financial and Tax Law: Public Interests and Taxation
Financial and Tax Law are names of different content but related doctrinal distinction of origin, and Financial Law is legislativa. Public Law in that it upholds and safeguards the interests of the community as a whole and comes directly as a branch split Administrative Law, and that is configured as a harmonious set of principles and rules propias. It can be said that legally Financial Law regulates financial activity carried out by the appropriate authorities públicos.
Tax Law Financial law and order is due to individualization and study their regulation is none other that the legal regime of the tribute is the provision of economic and monetary nature that different public bodies have the authority to require imperatively to citizens in order to obtain the resources necessary for implementation of public expenditure needed to meet the needs of the sociedad.
Tax law is that set of rules governing the collection of taxes that require public bodies to meet the goals that must be done last encomendados.