¡Descarga Legal Systems, Civil Law, and Patrimonial Law in Spain - Prof. Prieto y más Apuntes en PDF de Derecho Civil Patrimonial solo en Docsity! UNIT 1 LAW – instrument to organize the society It is a system of legal rules established to regulate coexistence imposed by the controlling authority. << the more complex a society, the more complex its legal system >> Legal fields such as Civil Law, Commercial Law, Tax Law… come from it. Also, the difference between the Private Law and Public Law: • Private: - regulates legal relations among individuals in the same level - regulates relations between individuals - regulates relations between individuals and State. Ex: Civil Law, Commercial Law… • Public: - regulates the organization of the State - regulates legal actions where State acts as defender of legal order - protect the general interest of society Ex: Administrative Law, Tax Law… CIVIL LAW It is the part of the legal system made of norms and institutions that rule relations between individuals within the community. The relations between individuals change with the time. It emerges from the liberal principles of French Revolution although it has developed in certain fields. It is now, Civil Law, comprising the legal routes which are closer to the human being it rules the most intimate matters regarding the individuals. Ex: familiar relationships, economic transactions, consequences of someone´s death… Not all Civil Law has a Patrimonial character because part of it refers strictly to the person. Ex: filiations, dissolution of marriage… AREAS COVERED: • Persons and their civil status • Persons’ Patrimony • Exchange of goods and services • Familiar relationships • “Mortis Causa” succession PATRIMONIAL LAW It is the study of the norms and institutions that order the economic activity among individuals. AREAS COVERED: • Allocation of goods to individuals • Exchange of goods • Provision of services by certain individuals to others ECONOMIC PUBLIC ORDER It is the action of the Administration in order to organize the economic structure of the society. It is constituted by measures and legal rules that direct the economy, organizing the production and distribution of wealth. E.P.O. is not static, and it changes depending on the principles that inspire the economical organization of a country in a certain time. PRINCIPLES WHICH CONSTITUTE THE CURRENT SPANISH ECONOMY: • Private property: • means that economic goods can be attributed to the individuals and not to the State. • It is contained in the ART 33 of Spanish Constitution which defines it as one of the rights of all citizens with its limitations due to its “social function” • Thus, to protect the natural resources of the country, the public authorities shall concern themselves with the rational use of all rational resources due to their importance for the social welfare and general interest. • Also, the existence of public property (territorial sea, beaches, offshore zone…) • Economic Freedom: • Free Market: • implicates that means of production can be in private hands and there is freedom in the production and exchange of goods and services. • however, markets are not absolutely free, and the State might intervene in the market to protect the public good (ex: administrative rules on water, energy, gasoline prices…) • Free enterprise: • is the right to create and conduct a business for profit without the intervention of the State (ART 38 of Spanish Constitution) • the role of the State is to guarantee free enterprise but in accordance with the needs of the general economy. • Freedom of contract: • is the right to choose one´s contracting parties and to trade with them on the terms and conditions they find appropriate. • each contract is adapted to each individual special situation. • the State may regulate or forbid contracts which may hinder the public good or the public interest. (ex: labor contracts, rules relating to conditions of sale…) • Exchange principle: • legal rules have to be established to regulate an exchange
