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DUTIES: UNIT V - Obligations

essential elements of the obligation are those essential factors that necessarily involves the notion of obligation, so that he could not conceive of the legal relationship without the existence of such elements.

These elements are the subject, object or performance, and cause.

1 - Subjects:

Any obligation is the involvement of an active subject or creditor to whom it provides for the delivery, and a taxpayer or debtor, who is responsible for the completion of the transaction.

2 - Requirements:

In principle, the subject of the obligation must necessarily be persons of law. Thus, all the entities that the character of persons vested with the capacity to acquire rights and obligations, have ability to be subject of an obligation.

legal persons, in addition to the physical are also subject to duty.

From the above we can conclude that the subjects of the obligation should be persons with legal capacity and should be determined or determinable.

3 - Capacity.

For the validity of the obligation is imperative that the subject vested legal capacity, that is, the creditor must be able to hold the claim and the debtor should be able to be bound by debt. (Art. 28)

For the validity of the obligation is imperative that the subject vested legal capacity, that is, the creditor must be able to hold the claim and the debtor should be able to be bound by debt.

Absence capacity of law to the invalidity of the obligation is absolute in principle (Art. 366 CC) and is always related to the provisions of the law that must be explicitly established and linked to particular rights such as the inability of spouses to engage each other)

If lack of capacity is in fact the act establishing the obligation would be zero, but for invalidity, which implies that the void would be remedied. The ability and inability of fact is governed by Article 36 of CC

fact capacity is related to the exercise of rights, ie the possibility that the person has fend for themselves for their own legal life. The person who has attained the age of majority may act for itself without representation, unless it has been declared incapable by court order.

The inability of the person makes it impossible to exercise their own rights and is related to age, health, birth defects or mental health. There are two categories:

Absolute: Article 37 of CC

Relative: Article 38 of CC

Capacity of Legal Persons:

People are legal entities able to acquire rights and obligations.

For rule of Article 96 of the CC, have the same ability of individuals right through the bodies established in their statutes. Liable for the damage that the acts of its organs have caused to third parties personally accountable the perpetrators in relation to the legal person.

also account for the damage caused by its servants or things that are served. (Art. 98 CC).

are liable for a legal person under the rules of the mandate, its Directors and Managers. (Art. 99 CC)

4 - Various Subjects

The obligation should be formed by two subjects: the creditor and debtor.

But this does not mean they should be only two people, it may happen that there are a multitude of people from every part of the legal relationship, which creates responsibilities for each of them according to the circumstances in which be. These obligations of each coacreedores or co-debtors are legislated in Section II, Book II of the CC

5 - Taxable or identifiable

The subjects of the obligation must be determined at the time of constituting the obligation.

In any case, they should be subject to further determination. In this case there is an obligation with a subject temporarily indeterminate. The doctrine is often speak of transitional uncertainty in cases such as the promises to the public, bearer securities and outpatient duties.

6 - The Object

Concept: The purpose of the obligation is the provision, act or series of acts which the debtor is constrained to make to the creditor. Is something that should the debtor. Is the answer to the question: what should the debtor?

The benefit may be a give, in a do (Acts positive) or a non-do (become negative).

Either way, any obligation relates to a fact that a person may require another. Interesting to note that the object of the obligation is always a human act, it is necessary to avoid the obligations of that object to be confused with either hand.

7 - Requirements

The obligations of legal acts, by rule of Article 299 of the CC should be borne objects:

to

) They are in commerce, ie is capable of valuable consideration;

b) are not covered by a legal prohibition, and

c) as possible, lawful and not against morals and good ways and not prejudicial to the rights of third parties.

Violations of these rules because the invalidity of the act, and ancillary provisions that contravene the provisions of that standard.

7.1 Possibility

Nobody can be forced to do something impossible. The requirement is common sense, as it tries to put the creditor in a position to have the fulfillment of the provision, and it would be absurd that could be counted on the possibility of the fulfillment of something, that beforehand, we know that compliance is impossible.

The impossibility in question must be objective and insurmountable. Should be absolute, ie it must be impossible for anyone, for no particular obligation, as in the case of a person who undertakes to write the score of a symphony and then calls the impossibility, since the obligation is possible: a composer artist can perform, hence the impossibility is relative.

Finally, the impossibility would be before or contemporaneous with the constitution of the obligation, because the survivor extinguish the obligation, provided that it occurs through no fault of the debtor.

7.2 Legality

The provision on which rests the obligation must necessarily take lawfulness. Lawful means that not only goes against the law but not against morality and decency.

The general rule established in Article 9 of the CC reads as follows: "legal acts can not invalidate laws whose observance interested public order and morality."

7.3 determinateness

The requirement is that the benefit due to reach a certain level of determination. The object must be determined or at least determinable.

First, the provision should be determined on their gender, type or quality. Who had promised a dry animal would not have promised anything, because his promise would cover such an extension of varieties that even could discharge the obligation by delivering an insect.

Second, the determination should rest on the amount owed. Who were forced to surrender came, he owes nothing, because it ignores how much it would be required.

However, the provision would be valid even if the thing, but now was not certain he could yet be determined later.

7.4

Patrimonial object

The need for the monetary value of the benefit is expressed clearly in Article 418 of CC

The rule consists in fact of two parts :

1, the mandatory provision should always be valued in money, and

2 ° the creditor's interest in its implementation may be merely moral, without this force of the obligation is damaged.

This means that if the provision is not subject to economic evaluation there would be no action for compliance. A simple interest condition is not sufficient to confer the alleged creditor action. It also means that the creditor's interest may also be non-economic (a humanitarian or scientific or similar)

8 - Solution of the Civil Code. Creditor interest

Our Civil Code in the second part of Article 418 and cited the great interest that a creditor may have.

can set in his favor a high sense providing philanthropic, humanitarian, scientific, etc., which are of no economic interest, however, should be valued in money, otherwise it would not be feasible to enforcement on the debtor's assets in case of default.

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ELEMENTS UNIT IV - SOURCES NOT VOLUNTARY

Editors: Prof. Abog. Roberto Carlos Araujo Alonso

1-Fuentes voluntary.

In our daily comings and goings in the society, necessarily suffer and we suffer some negative consequences for our actions or Moreover, even without the element of will for this.

Human existence implies a continuing danger, making both life, health, physical or psychological, as the assets need protection in the event that those legal interests are damaged.

L to legal science has given these facts do not volunteer the opportunity to become sources of obligations, even if it was a lawful act, classifying them as liability, ie, that liability arising out of contracts taking into account the lack of volitional element to your configuration.

damage attributable :

damage in ordinary language means injury, harm, injury, impairment. Applied to the matter of obligations, this indicates the property or moral damage suffered by the creditor for the debtor's default, but by extension the same term means of compensation to be paid for such deterioration.

Concept: Lafaille defines it this way: "The damage is the compensation they are entitled to the creditor for the detriment suffered in their property and left to perceive the utility because of failure to liability for the pain. ".

civil liability as a result of damage unjustly based on the familiar principle enshrined since ancient Roman saying" nom Alterun laedere "that is, not to harm anyone.

2.1 Development

today.

In the traditional concept, the damage involves a loss of property. It's called "patrimonial concept" of injury, so to speak of the damage was to see if act was an impairment in the "have".

While under modern concept or current damage is the injury to the person. This is the "personal views" of injury. That is, the patrimonial concept has joined the personalist concept of damage, because today we can speak of both material damage, personal and moral. (Arguello)

Our Civil Code:

Our system is an independent civil damages in relation to breach of contractual obligations in relation to the facts illegal. The method of the Code is reasonable, because failure to repair a contract causes problems other than those arising from a wrongful act which justifies separate treatment of both issues.

of contract establishes the principle of monetary compensation: Article 450

In non-contractual matters, however, placed first in its natural repair but left open the possibility for financial compensation, if not possible restitution in kind: Art 1857 CC

2.2 Rationale of the obligation to make reparations

Any damage caused must be repaired directly or indirectly, that is, any damage implies responsibility, and if no responsibility should be repaired. Subjective responsibility

: According to this theory, guilt is an essential element to the complaint, ie, to determine if the perpetrator of the crime is or is not civilly liable and obliged to compensate accordingly. Should be determined whether it was negligence or fraud when it made the event, then it was not responsible, and therefore was not obliged to pay compensation. So, just to prove his non-guilt was enough to be exempt from liability. According to this theory that the author is not enough to cause damage to repair, but must be negligence or fraud.

Strict liability: Under modern doctrine, the law must "look" to the victim, ie, keep in mind the damage. Today the right is interested in the victim and the damage it suffered.

Therefore, the compensatory rationale shifted from guilt of the party, the harm suffered by the victim.

In our Civil Code as a source of damage attributable to the obligations are regulated under Title VIII, in the form of tripartite responsibility, that is, no civil liability if the act or action causing injury and therefore the obligation to repair -

For made their own. Section 1833 .-

vicarious, Art 1842, Art 1846

2.3 Budget.

to the subjective theory, that the act is attributable to the agent, there should be damage and intent to provoke. (Art. 1833 part I)

to the objective theory, however, there is responsibility once caused the damage, regardless of the intent of causing damage, ie not any fault. (Art. 1833, part II)

As can be seen, in the same article of the Civil Code has both theoretical currents studied. (Centurion)

2.4 Elements.

To have responsibility, and therefore the duty to compensate, according to Arts. 1,833, 1,842, 1,846 and 1,855 will need the following:

Damage: is the essential element that has liability and therefore the obligation to repair.

Causal link between the act and damage: The damage must be direct or indirect consequence of the fact relied on as a producer or generator of such damage. So much so that the fact relied must have been the cause of the damage.

Liability or responsibility: That is identified the perpetrator that has caused the damage, as well as the subject is attributable civilly, as if unimpeachable, then it would not directly responsible, which means that demand must be directed against the person who would be " principal. "

The illegality: is not a necessary element for the exercise of a lawful act can cause damage which must be answered regardless of the criminal liability may have. Section 1846 (Arguello)

2.5 Content

Repairing the damage can be of two ways: direct repair or rebuilding, also called a repair in kind, and indirect compensation or equivalent, commonly known as compensation. Section 1857.

The tortfeasor is obliged, first, the direct compensation, asserting that that the author should, if possible, rebuild the thing or object damaged or injured. Since it is not possible this service, you must repair indirectly, ie, is obligated to pay money to the creditor in return for the damage.

The obligation to repair covers the entire material injury or moral damage caused. The first is the injury to tangible property, property damage, and the second is caused to the conditions, feelings, honor, reputation etc. However, any damage is likely valuable consideration, including moral damage which in principle has no economic value, but for the purposes of their compensation is given a monetary assessment. (Arguello)

2.6 The Agent's Liability.

The agent or perpetrator that has caused the damage must be attributable civilly, as if it is unimpeachable, it is not directly responsible This implies that demand must be directed against the person who would be "primary" under Article 1842 and ff. CC

are not to blame those who have a disability in fact, relative or absolute and Section 1843 refers to the responsibility which therefore corresponds to their legal representatives.

3 - Guilt

Indeed, guilt is any way unlawful conduct, act or omission involving negligence, incompetence or recklessness on the agent. Is the set of assumptions that underlie the personal blameworthiness of unlawful behavior.

In the fault is a violation of a rule of conduct and it is this violation is one that generates the obligation to repair the damage caused by it.

unjust injury arises from a relationship that aims at the agent's responsibility and effect of compensable damage repair. Wrongful injury the rights of others creates responsibility in our legal system (Silva Alonso)

4 - liability without fault.

The Civil Code Section 1846 establishes a modern doctrine called theory of the risk created, which means that all person to perform an activity or to practice their profession creates a risk is potentially liable to indemnify in the event that this risk may result in a real and effective damage. For the perpetrator is liable for damage need not have acted with fault. If defendant is not relieved by simply showing that he did not blame or not acted negligently, but will be required to prove in the process, that damage was caused by the fault of the victim or another person who should not respond, or ultimately by force majeure.

Therefore, the basis of liability for damage caused is not to blame but the risk created, which the civil principle called the doctrine which is in their own interest, work at your own risk, in other words the load which has the advantages with the disadvantages.

theory assumed by our Civil Code:

Our legislators have set the objective theory, and thus have led to a breakthrough in the so-called theory of strict liability or no fault.

We can therefore say that in our Civil Code, the rule is that all damage must be compensated and the exception is the absence responsibility for compensation, in other words, if there is damage, liability shall, and the result will be the compensation. (Arguello)

5 - Relationship between the act and damage.

The obligation to indemnify supposes the existence of an injury to another. This implies that there must be a cause and effect relationship between the act and the harm caused, there are several theories about:

conditio sine Theory cause: an act may be considered cause of a later time if he had missed the previous fact, the post has not been produced. It is called theory of equivalence of the conditions. This theory is criticized because the causal relationship extends to infinity.

b) the proximate cause theory: according to this theory, only the proximate cause is relevant and of itself excludes the most remote. Is a reaction to the previous theory is criticized for not always the last condition is the true cause of the damage.

c) Theory of Efficient Cause: is the holding that the case is that of greater efficiency in the production of damage. The criticism that is made is: Based on what criteria would distinguish between different causes will decide the most efficient?

d) adequate Cause Theory: to this theory the problem is whether the act or omission to which the damage is attributed, was usually able to produce, ie, it should be consider what usually happens. Today is the prevailing theory.

6 - active and passive subjects of an action for damages.

action should be directed against the author of the event for the damage (Art. 1833 CC). When there is doubt as to responsibility or if the perpetrator acts under an agency relationship or with permission is recommended that the claim is directed against the author and against the "principal" at the same time. When the damage is attributable to several people the action may be directed against any of them, but the effects generated several liability, you should run against each other. 1841 Art

With respect to the subject assets, we can say that the action lies with the victim, or in case of death to heirs (Art. 1835 CC). Compensation for moral damages can only be exercised by the victim, but if she has died as a result of injury, this action passes to heirs. Section 1840 .-

7 - Indirect Victims.

According to Article 1835, primarily for the victim to the action to claim compensation for damage, but if it dies, the heirs forced it. Likewise, as expressed by Section 1840 of the Civil Code deduce corresponding compensation for all persons who have been harmed as a result of injury to the victim. These people may be the wife, mistress, children, parents of the victim or the mother of an unborn child.

8 - Relationship between the civil and criminal action.

For criminal liability must be certain assumptions, such as the attribution of the author, the culpability and because of them the punishment, however, there is liability for the road is much shorter, you look at the damage suffered by the victim and to be damage, there must be a responsible and consequently the obligation to repair.

should be noted that the criminal action, is also fine, in addition to imprisonment, penalties that affect the assets of the condemned, and it is convenient to analyze this kind of sanction to avoid confusion with emerging civil penalty of the crime, always starting from the principle that he who is criminally responsible, it is also civilly liable, ie, all criminal act results in civil liability, provided that the offense has caused damage, but not vice versa, or tort does not bring criminal consequence.

Our Civil Code regulates this issue in Art 1865 to 1871. (Arguello)

Prof. Abog. Roberto Carlos Araujo Alonso

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Obligations Unit VI "La Causa" Constitutional Law

UNIT VI

- ELEMENTS OF THE OBLIGATION OR N (CONTINUED Ó N

1 - The Cause

FOR Eminent Jurists to contemporary neo , Miguel Angel Pangrazio, THE CAUSE, as essential elements of the Obligation or n, is on the motive or reason or leg n t Fatima sec ú n The nature of the ATCO may be deemed to have determined a celebration of contradictory. In A Donation or CAUSE n t services to the prop or donor site of benefit to the donee. Ins

n ú modern doctrine, Immediate cause and determining the order they have had in hiring a look at contradictory to, or is the reason No direct and specific the celebration of the act or n and precisely for wave para highlights the counterparty can not be ignored.

In onerous contracts, cause EVERYONE paragraph contracting services to the contraprestaci n or the Other, integrating all of those who have been determinants of Consent. The Acts free, cause services to prop The site benefit or a friend or a relative, a context Someone who does maintain a debt of gratitude, or the desire to create an institution or é n ben Chart or help available.

The cause of the Obligation or n the cause of the Contract.

The cause of the Obligation or n est to In The Ground jur dico í the existence of v t LINKS Required. That one finds basis in an event qu Yes Yes For The é the emergence of Obligation or n. The service É United Nations MAY agreement without jur ACTO í dico, il Made even without í quote, but it should be.

The Cause On The contract is different. When it is mentioned in the question was not qu é reason for or n est Forced to the debtor but for é qu has consented to be bound.

each element its contract, as the word capacity, consent, object, cause, RESPONDS a Different Order without worries.

Capacity: pod í The contracting a Hold The Contract?

Consent: The client wanted?

The Object: qu é wanted?

Cause: Why é wanted?

The cause of the Obligation or the cause of the Contract n

From Where We talk about because of the contract, unless you consider the cause of the Power Sense obligated n or contractual, but qu é For The Borrowed Consent, The Reason or n For the Which character has assumed a commitment of the United Nations. She as RESPONDS The c í é questionnaire Lebre or n "é Why do need? " . Considered

of this Way, the cause is sicol UN Element or logical that feel ú one in the future.

The cause of the obligations under the will "

With relationship or n the volitional element which carries a free Celebrate The ACTO Subjects jur í vocabulary in which is or gender A Obligation No, we sent a set out in art. 277 of the C or What say the Civil Those budgets Reuniting will "of the contractors and Rights of the One Who can be purchased, modified or terminated.

With this we can deduce that under Art. 715 of the body itself, can bind freely contradictory AND CONVENTIONS child coercively enforceable. The cause or the purpose to be pursued in The Acts jur í doctors then it is absolutely free, the constraints in the Act

4 - í Teor a cl music to the cause :

4.1 Domat : This is the first author of the law s é Franc who has made an exhibition or No systematic to policy of Teor í one of the causes and Why this reason or No, but wrongly, has been regarded as the executive producer of the notion or n. State what can be called the Teor í a cl music to the cause.

The contract shall distinguish synallagma to ticos, Royals and Los CONTRACTS CONTRACTS í unilateral Free title.

In First, the cause of No Obligation or ONE of the contracting est to the commitment of the Other, in seconds, is the rendering completed or n he founded obligated or n; For ú last, third, the cause lies in the intention n or liberal. 4.2

Pothier : This author does m to The teaching reiterate s ñ knock, of Domat in Work Your " Treaty Obligations"

5 - The C or say of Napoleon or n .

C The Editors

or say of Napoleon n or m to Come True not Teor s to reproduce the Í a cl to music in the title of Domat and arrived or an ESO d í Mainly as a é s Trav Works of Pothier.

The unique ú incorporation or n That Make The drafters of C or say of Napoleon or a hip Las n Thesis or failure and falsity of the cause, and the wrongfulness of immorality the desired end, which seems obvious but THEY do not understand or modify the position n of Jurists of the seventeenth and eighteenth centuries.

6 - anticausal.

Ernst and Laurent 6.1: The Teor anticausal í developed one was from 1826 by a professor at the University of Liège (B é Belgium) Ernst, m to Evening s for Laurent.

The Teor í one of the causes suffering or hard attacks parte of them m s Distinguished Jurists, a art from the United Nations í ass Posted in B é For Belgium Ernst. Planiol or challenge the false mail til ú. It's false, he argues, because there inability UNAN l or synallagma That logic of the United Nations Agreement to tico, A No Obligation or sea the cause of No Obligation or counterparty. The two were born at the Same Time. Now it is not possible impact of United Nations and His cause are exactly contemporary to neos, El fen meno or the cause Mutual is incomprehensible. Ú is useful, because this notion n or cause itself confused with the Object, and mainly, because the cause il í CITA Else services does not seem sino The Object il í quote. (Guillermo Borda)

In The Royal Engagement denominator unilateral What other reason is, strictly speaking, a condition or No general formation or No Contract.

Regarding the contract for free, making the intention because n or liberal, she is confused WITH Consent.

7 - neocausalismo.

neocausalismo Rising in France as a reaction n or one of the excesses of anticausal. New rethinks criteria with the Teor í as Domat and Pothier.

7.1 Capitant: argues that the notion of cause or Back to Nature itself essentially sicol or gium and the Same time absolutely essential Validity obligated or No contract. The cause is the end pursued than adversarial search within a specific í ACTO jur dico. It is the will of the contracting parties which constitutes the key thanks to which may explain the mechanism or No Obligation

7.2 Josserand, has continued with the study of the subject in his book Les m or Viles dans les actes juridique. Par t s. 1928.

8 - C Cause in Civil or say.

To

Alonso Silva, The C or say refers a case in art. C 417 of the Civil or say, giving a notion of or as a source of obligations and states that they are derived from any of the sources of the Act as to the cause of Objective As ACTO or obligated No Contract or in United Nations, is undeniable It is incorporated into the C or say, though clearly not used because the Voice.

However, the paragraph of Prof. Miguel Angel Pangrazio, The C or say take Current anticausal or, for the innumerable difficulties that work í to entail the element of causation in jur Relations Dicas í contract. In consequence, paragraph C Our child or say two elements of the CONTRACTS, CONTRACTS saves in Formal:

1 º - Subjects, with the consent or agreement "of the adversarial;

2 º - Purpose, and

º 3 - The shape, When it is prescribed by law under pain of nullity. (Art. 673) .-

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EXERCISE No. 1

The President appealed directly to the Supreme Court after he knew it was imminent coup. As the chief magistrate of the Republic was in the courthouse a secretary died subjects in the Government Palace. The press described the event as prelurio of armed revolution and soon produced a social upheaval. While all this was in turn a foreign diplomat was shot in the Avenida Mcal. López. The Human Rights activists took to the streets but this revolution was finally the President of the Republic at a press conference said its injunction request was already installed in the Supreme Court.

Say and Fundamental

a) Is the application for injunction in such cases?

Is the application of Amparo because our national constitution, in Article 134 refers to "Any person who by an act or omission, manifestly unlawful, of an authority or an individual is deemed seriously injured or in imminent danger of rights and guarantees enshrined in the Constitution or the law, and because of the urgency of the case could not be remedied through the usual channels, you can petition for amparo before the magistrate. "

b) What would be the best constitutional guarantees given to the aforementioned case, if the guarantee does not fall under?

The constitutional guarantee of Under applicable.

also How do you solve the case of the woman who died in the absence of the President in the Government Palace if family argued the matter as a murder caused by the guardians of the Government Palace?

If relatives argued the matter as a murder caused by the Guardians of the Government Palace will be proven at trial for the murder charges.

c) What government agency should use to clarify what happened to the foreign diplomat?

should resort to the Public Ministry, as is the research agency.

d) What would be the political costs to national and international level against the government if it were shown conclusively that the coup was never intended, or threat of violence that may endanger the stability of state and government.

The State should pay compensation for what happened if it were shown that was never intended coup.

EXERCISE No. 2

Carrara Teresita Núñez in his attempt to kill two bird. Shot up but great was the surprise. Who shot a naked boy named Sebastian Rio Boloco when the event occurred and to realize the reality.

fell to the floor Teresita big scare'm hemiplegia. He attended a neighbor by name. Anastasia Cabrera then took a bullet to the other side of the tree, where he young naked state.

rarely Anastasia was sentenced to 10 years in prison for breaking acted with constitutional guarantees and some due process both during the incident that occurred during the process as developed in the case.

Supplemental Data

1 - The tragic event occurred on Good Friday wings 15:00.

2 - The real author of the second shot is Joaquin Versa citizen mob boss.

Say and cover:

1 What would have violated constitutional guarantees since there was a tragedy occurred?

It would have violated the constitutional principle of Habeas Corpus:

ARTICLE 133 - THE HABEAS CORPUS

This warranty may be brought by the victim, either directly or by proxy, without reliable power by any means, and before any Judge of First Instance of the respective judicial district.

Habeas Corpus may be:

1. Preventive under which any person in imminent danger of being illegally deprived of his physical liberty may seek review of the legitimacy of the circumstances at the discretion of the affected, threatening their freedom as well as an injunction of such restrictions.

2. Reparative: whereby any person who has been unlawfully deprived of their liberty may seek to rectify the circumstances. The judge ordered the arraignment, a report of public or private agent who arrested him within four hours of the filing of the petition. If required this is not done so, the judge will proceed to the place where the person is being held, and in that place, shall determine the merits and order his immediate release, as if it had complied with the presentation of the detainee and The report has been filed. If there were no legal grounds for deprivation of liberty, the person shall immediately, if he had written order of a judicial authority shall send the records to the person who ordered the arrest.

3. Generic: Under which circumstances may demand rectification of which, not being provided in both cases above, restrict the freedom or threaten personal safety. Additionally, this warranty may be brought in cases of physical, mental or moral that aggravate the conditions of those legally deprived of their liberty.

The law shall regulate the various forms of habeas corpus, which come even during a state of emergency. The procedure shall be summary and free and can be initiated automatically.

2 What procedural safeguards have been omitted for the woman shot received 10 years in prison?

Guarantees process that was omitted is that of legality and objectivity.

The principle of legality and rule of law is a fundamental principle of public law under which any exercise of public power should be subject to the will of the law in your jurisdiction and not the will of the people.

Principle of objectivity: is that, in the exercise of its powers, must conform to objective criteria, ensuring only the correct application of law.

He thus imposes an obligation to investigate with the same zeal is not only a history that substantiate the persecution or prosecution, but also the background in order to support the defense of the accused or the defendant (ie, material and evidence rosary brady, respectively, the U.S. system).

3 - Find the middle ground between right action and address justified. That could have been used in the 10-year sentence

justified Directorate could have been used to establish the conviction.

YEAR No. 3

The birthplace of the mother of the minister was torn in two and the old woman broke her head fell to the floor, the minister immediately ordered that the commissioner proceeded to take the employee "coca" arrested in the police station. Later, the minister ordered taken to the regional prison design.

Say and based

a) What action protects coca? to regain his freedom.

Writ of Habeas Corpus Repair because he is unlawfully deprived of their liberty.

b) Make the application to become a constitutional guarantee effective way to regain their freedom Minister receives constitutional sanctions and therefore outside the criminal.

Habeas Corpus at the same time is a constitutional guarantee that "Coca" recover their freedom and the Minister receives the constitutional sanctions and therefore outside the criminal.

Exercise No. 4

4) What Constitution of Paraguay is called the reverse? And Why?

inverted is called the Constitution of 1992 to be a partial reproduction of other constitutions.

5) On trial for drug trafficking Bolani Jacinto burden on the Supreme Court issued the ruling that ended the litigation. Decided to condemn Bolani to 2 months in prison and U.S. $ 8 million fine in character.

case aired internationally fu it was quite striking the sentence, but the ministers signed refer to solved the issue in accordance with the terms of the constitution and laws. Find Art Constitutional base that has served the sentence, plus:

Say and base.

a) If you used the ratio or the ratio lex constitutionalism, to resolve the issue.

According to my opinion has not been used the ratio or the ratio lex constitutionalism to resolve the issue.

b) What Constitutional theory could be used to impose only 2 months in prison?

to any constitutional theory because the minimum term of imprisonment is 6 months.

c) Tell under what could have intervened when the Attorney General of the State, or never participate in the trial tube.

had no involvement in the trial.

8) What are the materials that can not be put to a referendum under our current constitution and which of them is perpetual and inalienable.

A referendum is an election, through which the electorate of a country or nation expresses its will on an issue or decision, constitutional or legal representatives submitted to your query. It's usually the way yes or no, which responds to a question posed by the electoral body and those interested in carrying it out.

The referendum is the mechanism of semi-direct democracy par excellence and now complements the system of representative democracy, promoting the direct involvement of the electorate.

The referendum is a decision-making procedure by which citizens exercise their right to vote to decide on a proposed resolution by the expression of their agreement or disagreement.

The referendum is present when a request of the country through a legal process, either by collecting a required number of signatures, that national legislation or request otherwise each country deems appropriate.

Usually this is done to the national consultation on a topic of popular interest and requires the approval of all, like the founding of a new constitution, or approving the same, also if you want to make a constitutional amendment revoke the mandate of any president including the most representative and other less important but equally are enforceable through this route.

9) Don Juan Osorio wants to build a field Modern saint for creatures that may be aborted. In his attempt to carry out their intended plan proposes to Congress Bill for public input at its nuclear states that would be forced residents of this city for 12 months to contribute the sum of 120,000 Gs. month to achieve the desired purpose. Say

and base:

a) has a constitutional basis

Bill

has no constitutional basis

Bill raised by Don Juan Osorio.

b) is likely and may carry out the project

is unlikely because it has no constitutional basis.

c) The legal nature of the project where its consideration and legal equivalence

In the Penal Code but is a very short-lived project because it can not impose every citizen the required amount of this sum of money, the money would have to leave the state and not the citizen.

d) has a strictly legal the project or simply lies on a tame interest of citizens

According to my opinion only simple interest is vested in a citizen's bland.

10) It is believed that in 2030 the government appears to want to give Paraguay the Chaco in Argentina and Brazil Eastern Region proclaiming that the best life imposed on the better country.

Say and base:

a) From which place until the place mentioned president can not touch Paraguayan territory and for what reason?

The president can not touch this territory in response to respect the sovereignty of Paraguay.

b) What is the biggest case of loss of sovereignty that is latent in Paraguay and physical space that relates the hazard.

On the Western Region

imminently

c) Say which are further territorial losses suffered by Paraguay in the last 60 years

Formosa province ... ...

11) City officials tried to choose owe allegiance to the Queen but appeared a resolution of the Superior Court of Electoral Justice prohibiting the election. The Commission also Idir neighborhood of Santa Ana wanted to reward with a million Gs. the man who said a few times. I'm Happy, within a 5 min. The story could not be banned just because it is the same ECJ. The Regional Prison inmates tried to elect a Chief, but could not pursue such a venture because it prohibited the ECJ. According to the present Constitution of which is legal but the other arbitrary.

and base Say:

A bans Which is correct and which are arbitrary

The first 2 are arbitrary prohibitions and the third is correct .

Reviewing constitutions

B Argentina, Bolivia, Panama, Mexico and Sweden make a strict comparison, setting in which countries these three cases, the same way as they were prevented would be absolutely constitutional and legal.

In these countries would be legal and constitutional, but in our country is not. The Queen of the municipality may choose their own officials or judges assigned by it. In the same neighborhood as a commission can award to whoever without the need to establish regulations for the Electoral Court.

12) Say that American constitution la fuerza pública es directamente denominada Fuerza armada

En la Constitución de 1992

13) Un niño vivía bajo el régimen de la Constitución del 70. En el año 1920 hubo una gran conmoción nacional. Los padres y el niño pretendieron abandonar el país pero un Juez dispuso lo contrario. Otro niño vivió bajo la vigencia de la Constitución de 1940. Durante la guerra civil de 1947 tanto el niño como sus padres pretendieron salir del país pero un Juez de Paz se los impidió. Un tercer niño vivió durante la vigencia de la Constitución de 1967. Durante la gran redada del año 1961 the parent and the child attempted to leave the country but the interior minister had been thwarted.

and base Say:

A Which of cases is regular and corresponds in law and which ones were null and void according to the texts constitutional time.

Only the third case is in order and according to law, the first 2 cases presented are null and void according to the constitutions of its time.

14) Formerly and perhaps the first name given to the state of exception is the flag State subsequently occurred as 15 nominations in accordance with constitutional history.

If international armed conflict, whether formally declared or not, or serious internal unrest put in imminent jeopardy this Constitution or the regular functioning of bodies established by it, Congress or the Executive may declare a state of emergency in all or part of the national territory for a period of sixty days. In the event that such statement was made by the Power Executive, the measure must be approved or rejected by Congress within forty-eight hours.

The sixty days may be extended for periods of up to thirty days thereafter, to which will require an absolute majority of both Houses.

During the parliamentary recess, the Executive may prescribe, for once, the state of emergency for a period not exceeding thirty days, but must be submitted within eight days after its approval or rejection by Congress , which will be called automatically to a special meeting, only for that purpose.

The decree or law to declare a state of emergency shall contain the reasons and facts that are invoked for adoption, the time of its validity and the affected territory and restricting rights.

for the duration of the emergency, the Executive may only order, by decree, in each case, the following measures: the detention of persons suspected of participating in some of these facts, moving them from one point to another in the Republic, and the prohibition or restriction of public gatherings and demonstrations.

In all cases, the persons accused will have the option of leaving the country.

The Executive shall report immediately to the Supreme Court on those detained under state of emergency and the place of detention or transfer, to enable a judicial inspection.

Persons detained under state of emergency will remain clean and healthy, not intended for common criminals, or kept under house detention.

Shipments will always populated places and wholesome.

The state of emergency does not interrupt the functioning of the branches of government, the force of this Constitution or specifically, habeas corpus.

Congress, by majority vote, may at any time to lift the state of emergency, if you stopped to consider that the reasons for his statement.

Once completed the state of emergency, the Executive shall report to Congress no later than five days on the proceedings during the term of that court.

15) In what ancient civilization of the senate for life after five years of validity automatically became

Viceroyalty

Overseas Minister held a Senator for life which became the Viceroyalty of Mexico during a period of 5.

16) In which country of the universe for each sanction of an Act of Parliament should raise and sing the national anthem of that country.

In Japan

17) Talk the Legal Corum as all constitutions of Paraguay

Article 185 - JOINT SESSION OF THE

Chambers joint sessions as provided in this Constitution in the regulation of Congress, which will establish the necessary formalities.

The legal quorum is formed with half plus one of each House. Except where this Constitution provides qualified majorities, decisions are taken by simple majority vote of the members present.

For votes of both Houses of Congress means a simple majority of half plus one of the members present, for two-thirds majority, two thirds of the members present, by an absolute majority, the legal quorum, and by two-thirds majority, two thirds of the total membership of each house.

The provisions of this Article shall also apply to the sessions of both houses in Congress assembled.

The same quorum and majority rules will apply to any elected collective body provided by this Constitution.

18) In which countries of the world according to its constitution the fundamental requirement to be president is to be married and have 2 children at least.

In countries Austrian

19) Latin American countries that have the same amount of Minister of the Court of Paraguay

The number of Ministers varies Court. Works in rooms that know of the various matters submitted for its decision. As its name implies, they know, basically, of the appeals that are filed in civil, criminal, juvenile, labor and local police, provided that if certain requirements set forth by law.

The appeal is brought against a judicial decision is to obtain a process to be reviewed by the immediate superior of the one who issued the resolution meeting. They are also entitled to know, among other things, the injunction, writ of amparo.

20) In which countries are in effect the constitution Stonelands

We

the texts of the constitutions of France and Italy , which prohibit the change in shape republican government. We have challenged the reasonableness of feasible support the existence of stone clauses in their constitutions, it matters tied to the will of the people to determinations, history and prompt the exercise of violence to resolve the impediment.

Contact Information Autobuses Expreso Futura

UNIVERSITY THIS PRIVATE

UPE Faculty of Legal, Political and Social.

SUD SEDE KM. 7 Arcaray

PRACTICAL WORK ON THE ROLLS II

Chair of Procedural Law

Course: 3do. Professor

Year: Abog. Cesar Saifildin

Student: Enrique Meza Arévalos

Asuncion - Paraguay

2010

Unit II

1. Lawyers. Source

Lawyers and Attorneys

The historical origin of the term "lawyer" has its roots in the Latin word "advocatus" which means calling in help.

Advocate is a person, a law graduate, professionally exercised defense (judicial) of the parties at trial and in all kinds of judicial and administrative process. In addition, evaluates and provides advice on legal matters. In most systems of various countries for the practice of the profession referred to be written in the Bar or have a state authorization to practice.

Concept:

is the expert in positive law that is dedicated to defend in court, in writing or verbally, the rights and interests of litigants.

legal requirements to practice law:

Article 89 .- to practice law before judges and courts are required:

a) Title of attorney issued by the National University, foreign or properly validated, and

b) Majority of age, good character and good conduct adequately justified.

Over the requirements in the previous article, the lawyers must be registered in the registration book and sworn before the Supreme Court.

Town

According to Dr. Pagano's requirements to practice the profession of attorney are:

a) civil capacity: coming of age and not incapacitated in accordance with the laws

b) Ethics: ethical conduct of the individual, good character and repute.

c) Title: professional title awarded by a university in accordance with legal requirements.

d) Registration: registration at the administrative registration by the supreme court.

e) Note: compulsory licensing is not a requirement to practice. Trials

different about their usefulness:

Its usefulness lies primarily in that has the highest exponent of not only individual rights but also of ensuring that the constitution provides.

It also serves as the barrier against the abuse of public authorities, of those in power and against the state with de facto regime or authoritarian and totalitarian.

Sponsorship required:

The Article 58 of the Civil Procedure Code provides that the sponsorship will be governed by mandatory under Articles 87 and 88 of the Code of Judicial Organization.

These articles embody a rule of compulsory counsel, which is necessary and appropriate to assist the normal and efficient conduct of the proceedings.

Article 87 .- "All individuals can be managed personally in court, under the patronage of attorney, their own rights and those of their minor children, whose representation has. Out of these cases who want to appear before the Courts of the Republic must be represented by solicitors or licensed attorneys. "

Article 88" Judges and courts shall not proceed with the requests submitted without fulfilling this requirement. Excluded proceedings before the justice of the peace and the writ of Habeas Corpus, Amparo and other cases stipulated by special laws. "

Tariff Law Lawyers and Attorneys fees provides:" Sponsorship is mandatory attorney all judicial or administrative matter which, the representation mandated to be exercised by counsel. Neither the judges or courts or administrative authorities shall comply with any submission that does not conform to the provisions of this article.

Civil Procedure Code regarding the lack of signature of counsel in his art. 59 provides "They have not filed and returned to the subject, without further action or remedy, any document which must be signed in not any.

presentation without the requirement that they have no effect except in procedural cases receiving payment orders (called judicial checks), to request a declaration of poverty, justice proceedings before the Peace and resources of Habeas Corpus and Amparo.

Article 17 of the Constitution of our country, as determined in paragraphs 5 and 6:

1. fend for itself or be assisted by counsel of his choice;

2. that the State will provide a free legal if you do not have the financial means to afford it.

Benefits of Profession:

The privileges of the profession highlights its broad incursion in different areas of society, whether political or economic for the vast knowledge of the profession that relates to others such as offices customs advice teaching, research, diplomatic relations between others.

rights should be mentioned among the free exercise of the profession for which he was enabled to perceive and professional fees for the provision of services.

Dignity of attorney:

Procedure Code provides in Article 67 "should be kept to lawyers in their performance the same respect and consideration due to the judges'

According to the commentary that Dr. Hull Pagano had stated that the lawyer in the exercise of their profession should be required and you must keep the same due consideration to the warrant. Acts

prohibited lawyers as constituting treason to party:

are considered constitutive of betraying the party for damages caused by fault, carelessness, negligence or unfaithfulness in the discharge of its mandate (barristers and solicitors) to the client.

Disclosure of confidentiality is considered high treason to the party. The lawyers and attorneys are forced depositaries of the secrets of the citizens. The

be abusing this trust is a serious violation of citizen's moral personality, betrayal of society and its duties.

Duties:

The rule based procedure provides a set of rules of conduct to which the parties must comply with, these include the professional lawyer as follows:

a) Principle of Morality: demand that requires certain conduct, which must act in good faith and not abuse the right. Speaking of morality including the principles of loyalty, honesty and truthfulness,

b) Continue the process: the lawyer has the duty to follow the trial proceedings during the subsistence of his personality.

c) Duties of the Customer, duties that result in direct and assist his client with legal technicalities to defend their interests.

d) Duties of the courts, demonstrating behavior consistent with good order of the process and the authority, dignity and decorum due to the court.

e) Duties to the contrary, always acting in good faith, loyalty, avoiding the abuse of rights.

Responsibilities:

lawyer acting as trustee or patrocínate jointly liable with his principal or sponsored by the consequences arising from the exercise of its function, so it may incur the following responsibilities:

a) Civil: Regarding his client, the requirement of a contract of which emanate from its obligations with accountability governed by common principles. This responsibility is negligent or committed an inexcusable error.

respect to the other party responsible for their actions in court (bad faith, abuse of law) this is strictly related to the principle of morality.

b) Discipline: is this responsibility to the lawyer's duty to cooperate with the administration of justice, as established by the Code of Judicial Organization and Civil Procedure Code when it requires the lawyers to respect their authority, keeping decorum at the hearings , written, in filling out their mandates or orders or any other circumstance.

c) Penalty: This arises from the commission of crimes classified as such by the Penal Code the crime of violation of personal confidentiality, etc.

d) Special: In our country there is a peculiar sanction lawyers who acts encouraging the delay of justice, this measure is somewhat unconstitutional according to Dr. Hull Pagano, since the only responsible for guiding the process is the Judge This determines who should be punished.

disciplinary measures that may be imposed:

The Supreme Court of Justice exercises supervision and disciplinary authority, the disciplinary measures may be imposed are lawyers and prosecutors as art. OC 236 can range from a warning, fines or imprisonment. Fines may not exceed thirty legal minimum wages for various activities not specified in the capital of the Republic. The arrests may not exceed twenty days may be at home.

to other art. 94 of the Code provides that the CSJ married or annul the registration of a lawyer or attorney for misconduct, serious misconduct in the practice of the profession, judicial sentencing, among others.

Causes of termination of the mandate:

The art.64 of the Civil Procedure Code provides for the representation proxies stop:

a) revocation of the mandate in the process. In this case, the principal must appear by itself or establish new agent without summons or subpoena, just continue the trial penalty of rebellion. The mere presentation of the client without asking for recognition of legal status, does not revoke the power.

b) Resignation, in which case the proxy must, under penalty of damages continue the efforts until the given deadline the judge may fix or replace the principal to appear in person. Setting a time limit failing which will continue the trial in absentia.

The resolution so provided by ballot shall be notified in the real address of his principal;

c) personality has ceased to litigate the principal;

d) Having concluded the cause for which he was granted the power,

e) death supervening incapacity of the grantor. In such cases shall be suspended for completion. The attorney will continue in office by the deadline set by the judge will, upon request.

When death or disability has come to the attention of the president, it shall be submitted to the court within ten days, under penalty of losing the right to charge fees that become due thereafter.

En la misma sanción incurrirá el mandatario que omita denunciar el nombre y domicilio de los herederos, o del representante legal, si los conociere, y

f) Por muerte o inhabilidad del apoderado: En tales casos, se suspenderá la tramitación del juicio y el juez fijará al mandante un plazo para que comparezca por sí o por nuevo apoderado, bajo apercibimiento de continuar el juicio en rebeldía.

Colegiación:

Este vocablo deriva de la palabra "colegio" con lo cual se invoca a las corporaciones de personas de una misma profesión, habitualmente esta acepción es aplicada a la agremiación de quienes ejercen profesiones liberales (abogados, doctors, engineers, etc.).. In some jurisdictions the licensing of these professionals, especially lawyers, is binding, remain a subject of constant debate as to whether compulsory licensing attentive or not work against freedom of association.

When it comes to licensing, often heard that the constitution prohibits the compulsory. This has been an argument often advanced by those who reject the practice and control the operation of courts of Conduct, which apply a Code of Ethics.

The Constitution stipulates in art. 42 "Everyone is free to join or unionize for lawful purposes, and no one is compelled to belong to a particular association. The form of professional associations shall be regulated by law. "In other words Profession Act would enforce a constitutional provision.

Code of Ethics and the Commandments of Attorney:

The lawyer must proceed in a manner that may be worthy of respect and contribute in ways that contribute to the prestige and significance of law in the exercise of the profession must maintain independence in all circumstances.

Advocate is responsible

for acts willfully or negligently in the exercise of the profession.

Attorney agrees to comply strictly with the obligations enshrined in the Code of Ethics and Discipline, prepared by the National Council, to regulate the duties of the attorney for the community, other professional client, and even on with advertising, negative equity, the duty of legal aid, the general duty of civility (politeness) and their respective disciplinary procedures.

of U.S. Attorneys, Office Source:

is any person by order or command acts on behalf of another, known in antiquity as personero, because it presented at trial rather than the person of their principal.

Acts that can be performed through him:

To represent the parties in a trial under a power or office as well as working with counsel in the conduct of the trial.

Legal Requirements:

to exercise the judicial enforcement is necessary: \u200b\u200b

a) Title of Judicial or Notary Attorney issued by a national or foreign university duly recognized or have been registered before or have played with COJ conduct the secretary of the district court or a tribunal, for two years at least.

b) Registration in the register and take an oath before the CSJ.

Duties and Responsibilities:

A court prosecutors are applicable, in general the arrangements for the lawyers.

Professional fees, guidelines for their regulation:

The Article 95 of the JOC provides that lawyers and solicitors have the right to charge their fees for professional services in a way that may determine the respective legal provisions.

1376/88 Tariff Law Lawyers and Attorneys' Fees.

1 .- The fees of lawyers and solicitors registered for professional work performed in trials, administrative and judicial proceedings, where no written contract, shall be determined in accordance with this law.

contract is void on fees below those set forth in this tariff, as the early resignation of all or part of them.

Art.2 .- Attorneys' fees are free of costs incurred in the performance of professional management.

care

If work requiring professional moving away from its seat, are borne by the customer the cost of relocation and travel expenses, at a level commensurate with the dignity of the profession.

advances made by counsel for causídicos expenses should be refunded by the customer.

3 .- when several professionals representing a single party or person, the fees will be established together, whether the intervention had been successively, of that total will be assigned the part that corresponds to each particular professional, serving its proportionate interest in the case. Also which one will cost you the direction and sponsorship of professional management, corresponding to this double fees that the procurement exercise.

8 .- The lawyers may charge fees if personally involved in their own case, when his opponent had been ordered to pay costs. If for this purpose was sponsored by another professional, observe the rule laid down in Article 3, last part.

Guidelines for regulation:

9 .- In all proceedings, the court shall automatically cover the fees when issuing a final decision, proceed the same way, in matters incidental.

10 .- The time and manner of granting appeals against the decision to regulate fees are the same when you turn under the decision rendered in the primary.

11 .- The fees are regulated by professional action to enforce payment, at its option, the party ordered to pay costs or to his principal, the latter may repeat that it would have paid, subrogation to the rights of the professional.

Art.12 .- If he had agreed a fee for providing regular ongoing professional services, the lawyer does not receive fees from its counterpart in cases where this was sentenced to pay the costs, except as to matters outside the relationship.

21 .- To regulate fees, judges or courts should take into account:

a) The amount of matter when he is capable of valuable consideration;

b) The legal value and quality of professional work;

c) The complexity and importance of the issues raised;

d) The economic benefit gained by the customer. Art

22.-In the incidents regulate the fees, taking into account:

a) the amount claimed in the main,

b) the result immediately or they will have on the outcome of the main trial;

c) the factors listed in Article 21. The amount covered can be extended to twenty-five percent of the sum that would apply concept as the main cause, but in no case less than three days' wages. Features

entitled to contingency fee fees.

16 .- The lawyers and attorneys with their clients may hold contingency fee basis, subject to the following rules:

a) was drafted in as many copies as any party;

b) No may affect the client's right until forty-five percent of the net result of the trial, whatever the number of agreements made by him;

c) involve the obligation of professionals to respond directly for costs and expenses of the adversary causídicos in proportion to the holdings they have in the covenant;

d) May not be objects of contingency fee food and labor trials.

17 .- The agreement may be terminated only:

a) by mutual consent, or result;

b) by negligence of the professional, declared by the judge or court. In this case the professional is not entitled to any remuneration, and

c) for payment to the highest professional that under the pact, has been completed successfully reciprocate when appropriate.

Editor: Elva Lopez

Free Church Welcome Letter

Litigation Constitutional Law III Dr Pita

1 - Article 195 - The Committees Research

Both houses of Congress may establish joint research committees on any matter of public interest and the conduct of its members.

directors and administrators of local autonomous autarky and decentralized, the entities that manage the funds of the State, the majority state-owned companies, public officials and individuals are required to appear before the two chambers and providing the information and documentation being required.

The law establishes penalties for violation of this sanction.

The President, Vice President, ministers of the executive and judicial magistrates in court, may not be investigated.

activity investigating commissions will not affect the exclusive powers of the judiciary, or injure the rights and guarantees established by this constitution, its conclusions are not binding on the courts or impair judgments, without prejudicing the outcome of the investigation, which may be communicated to the ordinary courts.

The judges ordered, according to law, proceedings and evidence are required for the purposes of research.

2 - Obligation to appear. Penalties. Prohibition to investigate according to the position. Judicial Action.

Obligation to appear : Directors and Managers of autonomous, decentralized autarkic. The entities that manage state funds, those of the majority state-owned companies, public officials and individuals.

Penalties: are obliged to provide any information and present documentation that they are required by law established sanctions for noncompliance with these obligations.

investigate

prohibitions under title:

may not be investigated

 President of the Republic. 

Vice.

 Ministers of the Executive. 

Judicial Magistrates in court.

jurisdictional: The conclusions reached by the investigating committees shall be binding upon us, and respect for judicial decisions.

3 - Article 202. Of the Powers of Congress

1 - Ensure the observance of the Constitution and laws.

2 - Issue codes and other laws, amend or repeal, interpreting this Constitution.

3 - Setting the political division of territory of Republic and the regional, departmental and municipal levels.

4 - legislate on tax matters.

5 - Punishment annual General Budget Law of the Nation.

6 - Dictate the Electoral Act.

7 - Determine the legal regime of the transfer and acquisition of property tax, state and mu8nicipales.

8 - Issue resolutions and internal arrangements, as well as the same statements in accordance with their powers.

9 - Approve or reject international treaties and other agreements signed by the executive branch.

10 - approve or reject the loan agreements.

11 - authorize, for a specified term concessions for public services national, multinational or government property, and for the extraction and processing of minerals coming out, liquids and gases.

12 - enact laws for the organization of the administration of the Republic to the establishment of decentralized and the management of public credit.

13 - Issue emergency laws in cases of disaster or public calamity.

14 - Receive the constitutional oath or affirmation of the President of the Republic, the Vice-President and the other officials, according to the provisions of this Constitution.

15 - Receive the President a report on the situation in the country, its administration and government plans, as provided in this Constitution.

16 - Accept or reject the resignation of the President of the Republic and the Vice President.

17 - Provide the agreements and the appointments that the Constitution prescribes, as well as congressional representative appointments in other state bodies.

18 - Granting amnesty.

19 - Deciding the transfer of the capital of the republic to another part of the national territory absolute majority of two thirds of the members of each House.

20 - Approve or reject, in whole or in part, and the report of the Comptroller General's Office, the detail and justification of income and expenditure of public finances on budget implementation.

21 - Regulating the River navigation, maritime, air, and space.

22 - Other deber4es and powers established by this Constitution.

Constitutional Law III

1 - Article 195 - In the

Inquiries

Both cameras Congress may establish joint research committees on any matter of public interest and the conduct of its members.

directors and managers of autonomous, decentralized autarkic, those entities that manage the funds of the State, the majority state-owned companies, public officials and individuals are required to appear before both houses and providing the information and documentation being required.

The law establishes penalties for violation of this sanction.

The President, Vice President, Ministers Executive and judicial magistrates in court, may not be investigated.

activity investigating commissions will not affect the exclusive powers of the judiciary, or injure the rights and guarantees recognized by this constitution, its conclusions are not binding on the courts or impair judgments, without prejudice to the outcome of research, which may be communicated to the ordinary courts.

The judges ordered, according to law, proceedings and evidence are required for the purposes of research.

2 - Obligation to appear. Penalties. Prohibition to investigate according to the position. Judicial Action.

Obligation to appear : Directors and Managers of autonomous, decentralized autarkic. The entities that manage state funds, those of the majority state-owned companies, public officials and individuals.

Penalties: are obliged to provide any information and present documentation that they are required by law established sanctions for noncompliance with these obligations.

investigate

prohibitions under title:

may not be investigated

 President of the Republic. 

Vice. 

Ministers of the Executive. 

Judicial Magistrates in court.

jurisdictional: The conclusions reached by the investigating committees shall be binding upon us, and respect for judicial decisions.

3 - Article 202. Of the Powers of Congress

1 - Ensure the observance of the Constitution and laws.

2 - Issue codes and other laws, amend or repeal, interpreting the Constitution.

3 - Setting the political division of territory of Republic and the regional, departmental and municipal levels.

4 - legislate on tax matters.

5 - Punishment annual General Budget Law of the Nation.

6 - Dictate the Electoral Act.

7 - Determine the legal regime of the transfer and acquisition of property tax department and mu8nicipales.

8 - Issue resolutions and internal arrangements, as well as the same statements in accordance with their powers.

9 - Approve or reject international treaties and other agreements signed by the executive branch.

10 - approve or reject the loan agreements.

11 - authorize, for a specified term concessions for public services national, multinational or government property, and for the extraction and processing of minerals coming out, liquids and gases.

12 - enact laws for the organization of the administration of the Republic, for the creation of decentralized and for the management of public credit.

13 - Issue emergency laws in cases of disaster or public calamity.

14 - Receive the constitutional oath or affirmation of the President of the Republic, the Vice President and the other officials, in accordance with the provisions of this Constitution.

15 - Receive the President a report on the situation in the country, its administration and government plans, as provided in this Constitution.

16 - Accept or reject the resignation of the President of the Republic and the Vice President.

17 - Provide the agreements and making appointments to the Constitution prescribed, as well as congressional representative appointments in other state bodies.

18 - Granting amnesty.

19 - Deciding the transfer of the capital of the republic to another part of the national territory, by an absolute majority of two thirds of the members of each House.

20 - Approve or reject, in whole or in part, and the report of the Comptroller General's Office, the detail and justification of income and expenditure of public finances on budget implementation.

21 - Regulating the River navigation, maritime, air, and space.

22 - Other deber4es and powers established in the Constitution.