Civil law

Civil law, civilian law, or Roman law is a legal system originating in Europe, intellectualized within the framework of late Roman law, and whose most prevalent feature is that its core principles are codified into a referable system which serves as the primary source of law. This can be contrasted with common law systems whose intellectual framework comes from judge-made decisional law which gives precedential authority to prior court decisions on the principle that it is unfair to treat similar facts differently on different occasions (doctrine of judicial precedent, or stare decisis).

Historically, a civil law is the group of legal ideas and systems ultimately derived from the Corpus Juris Civilis, but heavily overlaid by Napoleonic, Germanic, canonical, feudal, and local practices, as well as doctrinal strains such as natural law, codification, and legal positivism.

Conceptually, civil law proceeds from abstractions, formulates general principles, and distinguishes substantive rules from procedural rules. It holds case law to be secondary and subordinate to statutory law. When discussing civil law, one should keep in mind the conceptual difference between a statute and a codal article. The marked feature of civilian systems is that they use codes with brief text that tend to avoid factually specific scenarios. Code articles deal in generalities and thus stand at odds with statutory schemes which are often very long and very detailed.

Horizontal property is a special property that is built on floors or premises susceptible of independent use. In such cases, the owner has an exclusive right over them and a right of co-ownership over elements of the property that are necessary for the proper use and enjoyment of said premises. A way of simplify this concept would be to say that it would be all the Rights that surrounds the communities of owners.

A contract is a legal agreement expressed jointly by two or more persons with capacity (parts of the contract) enough to act as said parts, who are bound by virtue of it, regulating their relations relative to a certain purpose or thing, and whose fulfillment may be reciprocally compelled if the contract is bilateral, or one party compels the other if the contract is unilateral. The contract, in short, is an agreement of wills that generates “relative rights and obligations”; that is, only for the contracting parties and their successors.

Consumer Law is the name given to the set of rules issued by public authorities intended to protect the consumer or user in the market of goods and services, granting and regulating certain rights and obligations.

The right of succession or inheritance law is the part of private law that governs the succession mortis causa and determines the fate of the entitlements and legal relationships (both active and passive) of a person after his death.

In the regulation of successions, important aspects are contemplated, such as:

• The destination that will be given to the deceased or decedent’s property. It determines the scope of action of the autonomy of the will, the mandatory rules that are necessary and the dispositive rules that will replace the will of the deceased, in the absence of a testament.

• Requirements of validity of the will, in order to ensure that what appears in it, it is really the will of the testator.

• The necessary procedures for the distribution of the relict flow (hereditary assets).

Execution of guarantees and insurance of amounts delivered for construction of housing, both private promotions, cooperatives or any other type of promotion, etc … One of the great achievements of this office is to recover the amounts delivered in cases such as that of the promoter AIFOS, all thanks to the well-known Law 57/1968.