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An introduction to spanish law. A manual for social science and business students

por Viaña De La Puente, Javier

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  • Editorial: Gomylex, S.L.
  • ISBN: 978-84-15176-33-6
  • Fecha de la edición: 08 octubre 2014
  • Idioma: Castellano
  • Encuadernación: Rústica
  • Nº Pág.: 152

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Resumen del libro

This manual is the first volume in an introductory series, equipping the reader with a comprehensive knowledge of Spanish Law as a Social Science, outside the context of traditional study.

This book aims to offer an introduction to the law without the complex terminology that is often presented by legal textbooks, introducing the Spanish legal system in a simple and understandable form.

An essential companion for those students facing the Spanish legal system for the first time.
The current volume is the first of a work of literature attempting to explain in a simple and introductory form, the basic concepts of the science of law.

Throughout his teaching career, the author has warned of the lack of manuals aimed at educational establishments and non-legal professionals in this field. Indeed, most of the texts and manuals on which the students rely are designed for future lawyers and therefore the diction and pretension of the field is apparent in each and every topic of which the literature explores, as if it were not possible to be any other way.

However, the truth is that many current students, specifically within the fields of social or quasi-legal social sciences such as Business Science, need from the beginning, only to know the legal environment in which economic activity takes place, and no more. In other words it is not necessary (at least at the beginning of the course), to become knowledgeable of in-depth legal concepts. It simply suffices to be able to identify such factors, be aware of their existence and possess the ability to identify them within the legal map that this book attempts to draw.

Therefore this volume serves as an introductory and educative tool, in order to equip the reader with a structured general understanding of what is today, the Law in Spain.

As well as this English version, whose aim is to export an understanding of Spanish law, there exists a more specialised second part, concerning the more concrete aspects of Spanish and European Commercial Law.


Índice

BOOK I
GENERAL PART
LAW AS FORM OF SOCIAL ORGANITATION

CHAPTER I
LAW: CONCEPT AND CHARACTERISTICS
1.- Law as a social science
2.- Background
3.- Comparisons with other models
4.- Comparative law
5.- The law here and today. Law as form of conduct and as a method of conflict resolution

CHAPTER II
THE EUROPEAN UNION
Introduction
I.- Origins and history of the European Union
II.- The Fundamental Freedoms
III.- The EU institutions
A).- The European Parliament (EP)
B).- The Council
C).- The Commission (art. 17 TEU)
D).- The European Court of Justice (ECJ) (art. 19 TEU)
E).- Other Institutions
F).- Sources of Community Law
G).- Conclusions of Chapter II: The EU

BOOK II
SPECIAL PART
"THE LEGAL DISCIPLINE AS A SERVICE TO THE ECONÓMIC AND SOCIAL SYSTEM"

CHAPTER III
THE STRUCTURE OF LAW
1.- The main divisions of law: Public Law and Private Law
2.- The legal disciplines within each category
3.- Private law disciplines: Civil Law
a) Civil Law
b) Commercial Law
c) International Law: International Public Law and International Private Law
4.- The application of law by the judiciary: The different existing jurisdictions
a) Independence of judicial organs (article 117.1 EC)
b) Non-removability of judges, a consequence of independence
5.- Arbitration and other alternative means of conflict resolution
6.- Institutions assisting economic and legal traffic; the registries

CHAPTER IV
THE LAW AS AN EXPRESSION OF RIGHT
1.- The concept of the "state" and the separation of powers: Legislative, Judicial and Executive
2.- The Spanish constitution of 1978 and the autonomous Spanish state
a) Introduction
b) The autonomous state
3.- The state and the legislative pyramid: Law in the strict and broad sense
4.- Customary Law: The general principles of law and jurisprudence as a source of law

CHAPTER V
THE RECIPIENTS OF LAW: THE PERSON
1.- Physical persons and legal persons
2.- The physical person: Legal capacity and capacity to act
3.- Nationality, neighbourhood and residence
4.- Legal persons: Concepts, types and organs
a) Concept and rationale
b) Classes
c) Constitution and operating conditions: The expression of the will of legal persons
5.- Representation

CHAPTER VI
LEGAL ACTS
1) Obligations: sources
2) Contracts as legal acts
3) Limits to the transactional will
4) Short note about the classification of the contracts
5) Contract Elements
6) The breach of contract and the consequences
7) Extinction of the obligations
8) Other ways of termination of the obligations

TUTORIALS AND SEMINARS
(SUPPLEMENTARY GENERAL PART)
BOOKS I and II
Subject 1: Society and law. Role of law in the social life and the principalr divisions of law
Subject 2: Legal standards and their application
Subject 3: The sources of law
Subject 4: The fundamental notions of law
Subject 5: The general theory of contract
Subject 6: Introduction to commercial law
Subject 7: The individual entrepreneur. The legal statute of the trader
Subject 8: Equitable value
Subject 9: Consumers and users
Subject 10: Arbitration


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