Suchergebnisse

Different Model Acts and national approaches to the Business Judgment Rule, some by means of its codification, others through the requirements to be considered when delimiting the directors' responsibilities, have tried to give a better orientation to the positions assumed by directors when they have to deal with business affairs on behalf of the company. Even in cases where there is not a specific section in internal law, the Business Judgment Rule is a common reference in many jurisdictions when the circumstances and elements of directors' decision-making are considered. In Spain, Law 31/2014, of December 3, to improve corporate governance, has codified the "protección de la discrecionalidad empresarial" in Article 226 of Ley de Sociedades de Capital, assuming the developments of the Business Judgment Rule in other jurisdictions. However, international principles and Model Acts, and other European jurisdictions, such as Germany, do not face codification of the Rule in the same way, and even consider differently requirements for its application. This paper discusses, through the approaches in Comparative law, particularly in other areas where the Business Judgment Rule has a greater tradition, the impact that the codification of the "protección de la discrecionalidad empresarial" may have in Spanish corporate governance. To this end, the paper focuses on the scope of this singular protection on directors' discretion, as well as on the requirements for its application, which shall serve at last to provide judges with a useful tool to decide on business matters where directors' responsibility is involved. Comparison with Common Law and more recently with other European approaches is a starting point to critically check whether Spanish systematization avails of the dynamics of the Rule in order to improve and properly coordinate the whole system of corporate governance.

The current paper focuses on the Spanish electoral rules governing political
competition for the central ?Congreso de los Diputados?. It is
well-documented that the system as a whole has traditionally favoured one or
the other of the two main political parties (PP and PSOE) at the expense of
proportionality and the remaining political parties. This paper focuses on
some key Spanish electoral rules and investigates how much the observed
biases could be altered by introducing some alternative rules taken from the
Swedish electoral system, ceteris paribus. Measures of disproportionality
are made through the Loosemore-Hanby index and the Gallagher index. The
electoral raw data used for our estimations comes from the 2011, 2015 and
2016 last three Spanish general elections. The basic contribution of the
paper is an empirical one as it provides a new example that institutions
matter for results.

The current paper focuses on the Spanish electoral rules governing political competition for the central "Congreso de los Diputados". It is well-documented that the system as a whole has traditionally favoured one or the other of the two main political parties (PP and PSOE) at the expense of proportionality and the remaining political parties. This paper focuses on some key Spanish electoral rules and investigates how much the observed biases could be altered by introducing some alternative rules taken from the Swedish electoral system, ceteris paribus. Measures of disproportionality are made through the Loosemore-Hanby index and the Gallagher index. The electoral raw data used for our estimations comes from the 2011, 2015 and 2016 last three Spanish general elections. The basic contribution of the paper is an empirical one as it provides a new example that institutions matter for results

The rule ignorantia juris non excusat constitutes a historical principle in Spanish law as a key pillar of the collective organization of the legal system. The rule embodies the assumption that the effectiveness of the laws cannot rely on subjective elements, such as knowledge or ignorance, interest or carelessness, but it is based on an objective and social component of the legal system aimed to ensure that the enforcement of the laws is general and unconditional. Today, it is still inspiring the legal system and expressly enshrined in Article 6.1 CC, but their meaning must be duly contextualized in the current exuberance of legislation and regulations. Last decades, continuous efforts have been made to enhance the publicity of laws, improve comprehensibility, and implement technological solutions aimed to ensure accessibility of legislation, case law, and public authorities' decisions. This article traces the origin and the evolution of the principle in Spanish law and the current expressions and applications of legal ignorance in private law. The analysis of the state of the doctrinal debate and the latest case law invites two reflections. First, the excessive use of legal ignorance as an invalidating mistake as a tool to alleviate contractual unfairness, inadequate institutional practices, or commercial abuse blurs its contours, debilitates the principle of contract preservation, deteriorates legal certainty, and discourages transactions. Second, the regulation of increasing information duties as a strategy to attenuate the impact of legal ignorance is making preand contractual processes complex, overinformed, and formalistic, with the risk of inviting purely formal compliance. ; This Article has been prepared in the framework of the Research Project Reform of Spanish Laws of Security Rights in an International Context (DER2016-77695-P).

The rule ignorantia juris non excusat constitutes a historical principle in Spanish law as a key pillar of the collective organization of the legal system. The rule embodies the assumption that the effectiveness of the laws cannot rely on subjective elements, such as knowledge or ignorance, interest or carelessness, but it is based on an objective and social component of the legal system aimed to ensure that the enforcement of the laws is general and unconditional. Today, it is still inspiring the legal system and expressly enshrined in Article 6.1 CC, but their meaning must be duly contextualized in the current exuberance of legislation and regulations. Last decades, continuous efforts have been made to enhance the publicity of laws, improve comprehensibility, and implement technological solutions aimed to ensure accessibility of legislation, case law, and public authorities' decisions. This article traces the origin and the evolution of the principle in Spanish law and the current expressions and applications of legal ignorance in private law. The analysis of the state of the doctrinal debate and the latest case law invites two reflections. First, the excessive use of legal ignorance as an invalidating mistake as a tool to alleviate contractual unfairness, inadequate institutional practices, or commercial abuse blurs its contours, debilitates the principle of contract preservation, deteriorates legal certainty, and discourages transactions. Second, the regulation of increasing information duties as a strategy to attenuate the impact of legal ignorance is making preand contractual processes complex, overinformed, and formalistic, with the risk of inviting purely formal compliance.

At the time of the Spanish conquest, Honduras was inhabited by two distinct social systems, which defined the boundary between the cultures of Mesoamerica and South America. Each system was administered in a different way, and subsequently the survival of each civilization varied markedly. This study examines the nature of each culture at the time of Spanish conquest, the size of the populations, and the method of colonization applied to each. Particular attention is focused on Spanish economic activities and the institutions that directly affected the Indian way of life. Dr. Newson bases her findings on extensive archival research conducted in Spain, Guatemala, and Honduras and on archaeological, ethnographic, and linguistic evidence found in secondary sources.

Como en tantos otros conflictos bélicos, durante las tres primeras décadas del siglo xviii, la lengua de Roma sirvió también para difundir ideas y postulados políticos. En este sentido, un notable texto latino al servicio del pretendiente austracista en la Guerra de Sucesión Española es el Epithalamium potentissimi Hispaniarum regis Catholici Caroli iii et serenissimae principis Brunsuico–Luneburgicae Elisabethae Christinae, publicado en 1708 y obra de Johann Werlhof (1660–1711). El propósito de este trabajo es presentar la composición en cuestión, ubicándola en su contexto histórico. ; As with other military conflicts in the early modern period, Latin played an important role as the language of political discourse and propaganda during the War of the Spanish Succession in the first three decades of the eighteenth century. An excellent example of a Latin text employed in order to extol the deeds of the Habsburg suitor Archduke Charles of Austria is Johann Werlhof 's Epithalamium potentissimi Hispaniarum regis Catholici Caroli III et serenissimae principis Brunsuico–Luneburgicae Elisabethae Christinae (1708). In this essay I examine the poem and set it against its historical framework. ; Humanidades