Contratos: Volumen 1 – Ebook written by Iván Escobar Fornos. Read this book using Google Play Books app on your PC, android, iOS devices. Download for. ESCOBAR FORNOS, Iván (). Curso de Contratos. (3ª. ed.), Nicaragua: Editorial Hispamer. ESCOBAR FORNOS, Iván (). Derecho de Obligaciones. Curso de Contratos – Ivan Escobar Fornos · · Cara Merawat Gigi Yang Baik Dan Benar · PECopy · · CB_e_SK0 · Gestion Ecologica.
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Guide to Legal Research in Nicaragua. She also obtained an LL. She obtained an L. Previous update by Andrea M. Vidaurre Lovo on March See the archive version! Participation in International Organizations. Nicaragua is located in the heart of Central America. Its surface area is ofIt has a population of approximately 5 and a half million people. Managua is the capital of the country. Spanish is the official language, although diverse dialects are spoken in the Atlantic Coast.
The Political Constitution of Nicaragua is the supreme law of the country.
It was enacted by the National Constitutional Assembly on November 19, and entered into force on January 9, Its framework contains titles, chapters and each provision is numbered as an article.
Originally, the Constitution has articles in total, some of which were revoked in the year The Constitution of Nicaragua has suffered four main partial eecobar There were modified 62 of the articles of the constitutional text in diverse topics, contratoos them: The main purpose of this reform was to balance the State Powers, allocating functions to the Legislative Power which contributed to the lessening of the attributions of the President to tornos the political system.
This reform modified 19 articles of the Constitution covering diverse ambits of the national political system: This reform basically gives more powers to the National Assembly. This law establishes that the President and Vice-President of the Republic and mayors can be elected with a simple majority, therefore eliminating the potential need for a second round of elections. Law also broadens the Nicaraguan Clntratos in order to include those territories that were previously being disputed with Colombia in the International Court of Justice The Hague.
It also establishes the Family as the basis of society, strengthens certain labor and social rights such as the right to a clean and healthy escobr, the rights of women and indigenous peoples to equal treatment in the law and participation in all sectors of society.
Another significant effect of the new amendments is the strengthening of the Executive Power, mainly by allowing the President of the Republic to choose certain members of the military, to hold political positions in the Executive Branch. The constitutional control is exercised by the Supreme Court of Justice. The Constitution establishes the ivna procedures of control: Nicaragua is a democratic, participative and representative Republic whereby the Ivsn of Nicaragua is both head of state and head of government.
Its State organs are: Legislative branch, executive branch, judicial branch and electoral branch. The municipality is the basic unit of the political—administrative division of the country.
The authorities are elected by popular vote every four years. President and Vice-President are elected by universal suffrage for a term of five years. With the constitutional amendments ofthe second round of elections is no longer necessary, given the fact that the presidential candidate who obtains a simple majority of votes, will be elected President of the Republic.
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The Vice-President will fulfil the functions appointed by the Constitution, delegated by the President directly or through law. The President of the Republic nominates and discharges the Ministers of the State, the Attorney General, and Directors of autonomous entities and Ambassadors. However, in order to become effective, this nomination needs to be ratified by the National Assembly.
The Legislative Branch is composed of the National Assembly. This state power is formed by ninety members elected by universal suffrage for a term of five years with their respective substitutes. The National Assembly has the primary duty of elaborating and enacting laws and decrees, and to amend and derogate them.
The legislative branch is governed by the General Statute of the National Assembly ofwhich repealed the previous Statute of and its reforms.
The Constitution states that the justices and judges in their judicial activity are independent and must obey only to the Constitution and the law; they are governed, among others, by the principles of equality, publicity and right to defence. The Organic Law of the Judicial Branch establishes a two-tier system not allowing more than two opportunities for judicial review. The Nicaraguan legal system is formed by: Local judges exercise their duty in the municipalities.
A local judge has a specific competence over a matter: District judges exercise their duty in the departments and autonomous regions. They judge cases in civil, labor, family or criminal matters. However, it is possible that just one judge could be competent for all the matters mentioned before. To distinguish which case will be judged by whom local or district judge is used the criterion of the monetary amount of the lawsuit.
The Courts of Appeals review the appeals of the sentences dictated by the district judges. They are formed by no less than five justices.
They also have exclusive jurisdiction over some matters. The Supreme Court of Justice is formed by sixteen justices elected by the National Assembly for a term of five years. It is the highest court in the Republic.
It is divided in four chambers: The decision of some matters, including the constitutionality of a law or decree, requires decision from the plenary of the court. The fofnos branch is in charge of the organization, direction and pronouncement of the elections whether national or municipalplebiscites, and referendums.
Elections of the President, Vice-President and congress take place every five years in the same election; the election of municipal authorities takes place every four years.
The electoral branch is formed by the Electoral Supreme Council and other subordinated electoral organisms. The Electoral Ivxn Council is formed by seven members and three substitutes elected by the National Assembly. The Civil Service and Administrative Career Law is the specific law ian regulates the rights, duties, faults and disciplinary procedures of the public servants. Other laws regulating specific relations between the government and the public servants esvobar the Judicial Career Law and the Foreign Service Law.
At some moment the claims of the citizens against the acts or resolutions made by the public administration are regulated by the Law of the Contentious-Administrative Jurisdiction.
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Currently, there are several trials pending against the Government. Other state organs that play an important role in the Nicaraguan legal system are: It is an independent institution with organic, administrative and functional autonomy in charge of the prosecution of public offences and the representation of the victim through the criminal process. The public Prosecutor is appointed by the National Assembly for a term of five years. Basically, its function is to represent the State and to defend its rights and interests and act as a legal advisor.
The Attorney General is appointed by the President no specific term exists, given that this authority has rank of Ministry of State. The formal sources of law recognized in any civil law country are also recognized in Nicaragua, namely: Nicaragua is a civil law country in which legislation is the primary source of law. The legislative process is found in Articles to of the Constitution.
The projects of law, decree or regulation require for its approval the vote of simple majority of the congressmen adopted in a meeting in which the quorum is formed by absolute majority of them, except when the Constitution states another type of majority, like the amendment of the Constitution or the amendment contrattos the so-called constitutional laws. Every project of law must be presented to the Secretary of the National Assembly with its respective exposition of motives.
The National Assembly reads the project and passes it to a specific commission, which is in charge of elaborating a report. Once the project of law is approved by the National Assembly, it is passed to the Executive Branch for signature and publication in the official gazette. If after fifteen days the President does not exercise his right to veto and does not sign and publish the law, the project is final and the President of the National Assembly sends it for publication in any newspaper, without prejudice to its subsequent publication in the official gazette.
If the President exercises the right to veto partial or total the project of law returns to the National Assembly. The National Assembly can cohtratos the veto by absolute majority of votes.
New laws, decrees or regulations are published in the official gazette. However, ffornos some compilations are published by Nicaraguan publishing houses. Most of the Escobr Codes were written in the late 19 th century and early 20 th century, under the influence of the Napoleonic Code and the Roman law.
The codes can be viewed at the National Assembly website. They are also available in print form from publishing companies like Editorial Bitecsa and Editorial Juridica.
Codes are sold at specialized bookstores. Article of the Constitution contains the principle of constitutional supremacy which establishes that the Constitution is above any law, treaty, order or disposition. In Nicaragua, the President of the Republic is the representative of the fornis before the international community. In this sense, according to Articlesection 8, he is in charge of directing the international relations of the Jvan, and of negotiating and signing treaties.
Once dscobar President has signed a treaty, to become law, the National Assembly has to approve it. According to article of the Civil Procedure Code the judges or tribunals have the duty to resolve the petitions of the parties and it establishes that if there is no law regulating the matter, they should follow at first contdatos general principles of law and then the legal doctrine or tornos.
However, there is no a specific number of uniforms judgments mentioned. The same statement is found in article 18 of the Organic Law of the Judicial Branch. Customs and usages is an important source of law in commercial law.
In an effort to improve the economic and social development of the country, the Nicaraguan government engaged in negotiations with United States to participate, together with the rest of the Central American countries and the Dominican Republic, in the biggest free trade agreement in the history of the region: It is still waiting to be approved by Costa Rica. Its entry into force in Nicaragua was April 1, The Constitution establishes that all companies organized under any of the type of properties protected by it private, public, cooperative, associative and communitarian enjoy equality before the law and economic policies of the State.
This statement implies a general principle of equality between national and foreign investors. The Law states specifically that the foreign investor is subject to all the legal rules of general observance in the Nicaraguan territory and that the foreign investor enjoys the same rights and enforcement mechanisms that the law grants to Nicaraguan investors.