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- Title
T�tulo y modo, potestad jur�dica y juramento funcionarial.
- Abstract
Looking at repeated events in which Presidents, Ministers, Secretaries of State, legislators or judges swear upon taking office, diverting from the formula prescribed by law, by taking out or adding text, the author analyses the legal meaning of the official oath. He refers to differences between the legal relationship as a horizontal relation in equilibrium, and the juridical power (potestas juris) which is a vertical relation of imposition that can be seen in some aspects of the exercise of public office, in parental authority, in guardianship and curatorship, in the extinct marital power, and in the power over things proper to real rights. in juridical power it is always mandatory to announce it publicly by registration, traditio rei, etc. The author states that the concept of juridical power precedes chronologically the theory of title and mode which, also precedes the division between public and private law, as a result of which both the juridical power and the theory of title and mode also apply in public law. He concludes that there is a marked analogy between mode (publicity) in the theory of title and mode in real rights and the publicity of the officer�s oath that completes the title so the function for which he/she was appointed can be exercised. This is similar to what happens in public sector employment of administrative law, even if there is a title for the position it is not possible to exercise it without mode. Finally, he analyses the value of omitted oaths and formulas altered in taking out or adding text. As curious examples he refers to us president barack obama, when noticing a mistake in his oath, had to swear again, and again just in case, while the argentine president eduardo duhalde, unwillingly, omitted part of the presidential oath.
- Subjects
OATHS; JUDICIAL power; PUBLIC officers; CURATORSHIP; ADMINISTRATIVE law
- Publication
Revista de Derecho Privado (00347922), 2024, Issue 2, pN.PAG
- ISSN
0034-7922
- Publication type
Article