Please enable JavaScript.
Coggle requires JavaScript to display documents.
Agro-Food Law - Coggle Diagram
Agro-Food Law
Introduction And Sources
Agrifood Law is the branch of Law that is in charge of legally regulating all agricultural activity, covering agriculture, forestry, livestock and all activities derived from them.
Concept, classification and evolution of Law. Law can be defined as the system of principles and norms, generally inspired by ideas of justice and order, which regulate human conduct in all society and whose compliance can be coercively imposed by the public power.
Unity and diversification of Law. Each legal system consecrates values, prioritizes values, the selection of those protected values (protected), is in connection with a type of legal mentality
The evolution of the law is the work of the social conscience, a psychological entity, resulting from the combination of mutual influences among the members of the community. In training we find the intervention of the factors that we have just studied.
Consideration of Agrarian Law in the legal system. The Rural Property Management and Regulation Program aims to contribute to inclusive economic development through land tenure regularization actions that grant legal certainty in rural property.
Over the years, agrarian law has gained importance because it governs one of the most important economic activities in the nation, that is, the production of food and primary consumer goods.
Agrarian law is the branch of law that studies and regulates the economic and social relations that arise between the different actors involved in agricultural production. That is to say, we refer to the juridical and legal norms that apply in the case of the agricultural exploitation of the soils.
Subjects of the Law
The Physical Person. The physical person is the individual, the human being, without distinction of gender, race or social position, which from the very moment of its conception acquires the capacity for enjoyment and consequently has the right to the protection that the State offers through the right to each and every one of its members.
Legal personality. It refers to the legal identity by which a person, entity, association or company is recognized, with sufficient capacity to contract obligations and carry out activities that generate full legal responsibility, towards themselves and towards third parties.
Ability to work It is the ability to validly perform legal acts, exercise rights and assume obligations. This capacity can only be restricted by age or due to judicial incapacitation.
The Civil Registry. Registry where the competent authorities record births, marriages, deaths and other facts related to the civil status of people.
Recognition in law of the legal person. The right to recognition of legal personality implies the ability to be the holder of rights (capacity and enjoyment) and duties; The violation of that recognition implies ignoring in absolute terms the possibility of being the holder of those rights and duties.
Classes of legal entities. Broadly speaking, there are three different types of legal person: Commercial companies for profit. Non-profit organizations in their activity. Organizations and public entities both of the country itself and of other nations
Public Legal Persons A legal person, any entity capable of acquiring rights and contracting obligations, to fulfill its purpose and for the purposes for which it was created (art. 141 Civil and Commercial Code)
The autonomous communities. The Autonomous Communities have political and financial autonomy. This supposes the attribution of competence to approve laws in the matters in which their Statutes so recognize it, as well as to carry out executive tasks that the same Statutes assign to them.
People in the Law
Agrarian associationism helps to improve the agricultural business and supposes the protagonism of the producers and producers and also a strong commitment of the support institutions to guarantee technical assistance, training, information services and commercialization and financing.
The right to property is the right that a person has to enjoy and dispose of their assets, such as their house, land, car, animals, jewelry, without more limitations than those established by law.
The Agrarian Transformation Societies (SAT) are civil societies with an economic-social purpose in order to produce, transform and commercialize agricultural, livestock or forestry products, carry out improvements in rural areas, promote and develop agricultural products and provide services.
An agrarian cooperative is a group of entrepreneurs in the agricultural sector who unite under a single 'enterprise' (cooperative) to share knowledge, expenses and profits, while working together to gain access to larger markets, which would otherwise be much more complicated by time and resources. However, agricultural cooperatives are not "companies" to use, they are governed by a series of principles and rules that do not resemble those that a real company can have.
Assets and Real Rights
Real rights are those that regulate the various degrees of ownership that people can exercise over assets. The legal meaning of the word real has its origin in the Latin term res, which means thing.
According to the current concept, the public domain is a set of goods that, according to the legal system, belong to a state entity, being destined for the direct or indirect public use of the inhabitants.
The law defines the livestock routes as the routes or itineraries along which the livestock transit runs or has traditionally run; and establishes that they are assets in the public domain of the Autonomous Communities and, consequently, inalienable, imprescriptible and unseizable.
Sources
The principle of normative hierarchy allows establishing the order of applicability of legal norms and the criteria to solve possible contradictions between norms of different rank. The Constitution expressly guarantees the principle of normative hierarchy
The hierarchical order of the sources of Law determines, on the one hand, the order of application of legal norms to each specific case and, on the other, the criteria for solving any contradictions contained in norms of different rank.
Sources of European Community Law. There are three sources of EU law: primary law, general principles of EU law and secondary law.
The Autonomous Communities and their regulatory powers. The Autonomous Communities have political and financial autonomy. This supposes the attribution of competence to approve laws in the matters in which its Statutes so recognize it, as well as to carry out executive tasks that the same Statutes assign them.
-
-
-
-
Application of the Law
Territorial limitation in the application of the Law. In this sense, it should also be noted that the aforementioned territoriality is based on three fundamental elements such as the sense of exclusivity, the sense of spatial identity and the mode of interaction of the human being in what is space.
Interregional collision rules. Set of norms that determine the legislation applicable to private relations that are subject to the legislation of the different legal systems in force within a country
Nationality, neighborhood and address. Nationality, sometimes called
Legal nationality or administrative nationality, in international law is the belonging of a person to a specific legal system. Condition that recognizes a person belonging to a State or nation, which entails a series of political and social rights and duties