Notes, summaries, assignments, exams, and problems for Law & Jurisprudence

The Bill of Exchange: Definition and Function

A Bill of Exchange is a document issued by a natural or legal person (the Drawer) ordering another person (the Drawee) to pay a certain amount of money, on the date indicated, to the designated person (the Payee).

A) Parties Involved in the Bill of Exchange

• Drawer: The person who issues the Bill of Exchange and gives the order to pay the Drawee. It is essential that the Drawer signs the document.
• Drawee and Acceptor: The Drawee is the person ordered by the Drawer to pay the Bill. When the Drawee accepts the Bill through their signature, they become the Acceptor.
• Payee/Holder (Tomador/Tenedor): The person designated by the Drawer to receive payment. The Drawee pays the Payee. The Holder of the Bill may

Contracts for Work in Public Administration

Contracts for work are formal agreements between a public administration entity and a contractor. These agreements primarily involve:

• The construction of real estate.
• The performance of work to alter the form or substance of land or subsoil.
• Land reform, repair, maintenance, or demolition of properties defined above.

Awarding Public Works Contracts

Public works contracts are typically awarded through several established procedures, designed to ensure transparency and competitiveness:

• Open Procedure: This method allows any interested economic operator to submit a tender.
• Restricted Procedure: Only those economic operators specifically invited by the contracting authority may submit tenders.

Both open and restricted... Continue reading "Public Works Contracts: Award, Classification, and Management" »

Understanding Expropriation

Expropriation is an act of public law under which the State or an individual, after payment of compensation in an eminent domain case, acquires an estate. A case of this nature typically requires:

• A declaration of public utility or social interest.
• An agreement between the administration and the administered party.
• A fair price (just compensation).
• Payment of indemnities.

Processing and Basic Documentation

For a case of this nature, the processing and basic documentation include:

1. A base project, which must be ordered by a superior authority and written by a competent professional in the matter. The project should include:

   • A specification of the object to be achieved, with its location, enumeration, and analysis of alternatives.

Eficacia del Contrato

Obligatoriedad

Para las partes contratantes, las obligaciones que nacen del contrato tienen la misma fuerza que las impuestas por la ley. Su derogación solo puede deberse a un nuevo acuerdo entre las partes y no puede dejarse al arbitrio de uno de los contratantes, salvo excepciones.

Relatividad

Los contratos solo producen efectos entre las partes que los otorgan y sus herederos, excepto cuando los derechos y obligaciones que emanan del contrato no sean transmisibles, ya sea por su naturaleza, por pacto o por disposición de la ley. Esto es lo que se ha denominado la eficacia relativa del contrato.

Reglas Dimanantes del Contrato

La eficacia obligatoria del contrato entre las partes no se limita al cumplimiento de lo pactado,... Continue reading "Eficacia de Contratos y Tipos de Responsabilidad Civil en España" »

Corporations

Corporations are voluntary associations seeking to provide benefits for themselves or company profits. There is no mercantile community of goods based on a contract where particular property is owned undivided by multiple people.

• Minimum Social Capital: Did not exist.
• Minimum Capital: Did not exist.
• Taxed: Income tax.
• Social Security: General/Autonomous Regime.
• Naming: Common name + CB

Civil Society

A civil society is a partnership agreement where two or more persons pool resources, property, or industry to share profits.

• Minimum Partners: 2.
• Tax: Personal Income Tax.
• Social Security: Autonomous.
• Naming: Free name + SC

Rights and Obligations

Rights

• Participate in activities.
• Elect or be elected to positions in social agencies.
• Make proposals and

Understanding Argumentative Texts

The Op-Ed: A Personal Viewpoint

An op-ed is an argumentative essay where an author presents their personal view on a specific topic.

Characteristics of an Op-Ed

• Author: The article reflects the opinion of an expert on the subject. Authors often collaborate with the newspaper and are not bound by the publication's ideological line.
• Theme: The possibilities for themes are broad. An op-ed can address any matter considered of public interest.
• Purpose: The author's intention is to show the public their position on a particular topic.
• Information Sequencing: Information should be orderly and coherent.
• Language Type: The style used depends on the author's purpose.
• Stylistic Resources: Irony is often emphasized, as authors

Surety and Security Interests

Ancillary Contracts and Guarantees

Ancillary contracts establish a legal relationship intended to ensure or guarantee compliance with a principal credit entitlement.

Classes of Guarantees

• Personal Guarantees
• Real Security Interests

Personal Guarantees

They grant the creditor a right over the personal assets of the debtor or a third party.

• From the debtor: e.g., penal clause.
• From a third party: e.g., surety (fianza), bond.

Surety (Fianza)

Surety is a relationship where a credit is guaranteed by a person other than the debtor. (Section 1822 et seq. of the Civil Code).

Characteristics of Surety

1. Incidental nature
2. Subsidiarity

The bond may be conventional, legal, judicial, gratuitous, or paid.

Form Requirements

The bond must be explicit,... Continue reading "Legal Mechanisms for Credit Security: Surety, Pledge, and Mortgage" »

... piecework. c. Mixed Salary: part of pay per unit time and part per unit of work.

Guarantees of Wages and Worker Compensation

Wages are the compensation that gives meaning to the work performed by the worker and are crucial, often being the sole or main source of livelihood. For this reason, governments establish instruments to ensure workers receive sufficient wages.

Minimum Interprofessional Salary (SMI)

The SMI is the minimum remuneration set annually by the government for any full-time employee.

Features of the SMI

• The government sets the SMI annually.
• It can be enhanced by collective agreement or employment contract.
• It is indefeasible (non-waivable).

Wage Credit Preferences

The wages of workers have priority over any other debt.

Characteristics

Antijuricidad: Definition and Types

Antijuricidad refers to typical behavior that harms or endangers a legal right and is not authorized by law. There are two types of antijuricidad:

• Material Antijuricidad: Focuses on the social harm caused by the behavior.
• Formal Antijuricidad: Focuses on the behavior's contradiction with civil mandates and prohibitions, specifically the absence of express statutory authorization (justification) for the harmful conduct.

Absence of Illegality

Legal grounds for justification generally involve:

• Lack of interest (e.g., Section 141).
• The existence of an overriding interest (e.g., defense of necessity, duty, legitimate exercise of a position, authority, or office, and failure of just cause).

Justification: Legitimate Defense

Legitimate

1) Introduction: The 1841 Law

This document is a primary source of legal and public nature. Its authorship is collective: Parliament approved a text previously negotiated between the Government and the Provincial Government of Navarra. The location is Madrid, home of the Courts, and the date, 1841, coincides with the regency of Espartero, who sanctioned the law. The text contains articles relating to the election of local councils (Art. 5), the powers and composition of the council (Arts. 6, 8, and 10), compulsory military service (Art. 15), and the transfer of Pyrenean customs (Art. 16).

2) Immediate Background: Liberal Triumph

The text must be understood in the context of the First Carlist War's outcome and the triumph of liberalism in Spain.... Continue reading "Navarre's Autonomy: The 1841 Law and its Historical Context" »