Notes, abstracts, papers, exams and problems of Law & Jurisprudence

Understanding Installment Sales Contracts

An installment sale contract is an agreement where one party delivers movable property to another, and the recipient is obligated to pay a specified price, either in full or in installments, over a period exceeding three months from the contract's completion. This arrangement must be clearly defined to avoid ambiguity.

Perfection: A contract is considered 'perfected' when it meets all general contractual requirements and the property is delivered to the buyer.

Scope of Implementation

The following are excluded from the scope of installment sales:

• Sales for resale purposes
• Occasional sales for profit
• Sales or chattel mortgages secured by non-possessory pledges on assets
• Installment sales contracts with a value

Content of Calls

The calls, along with their bases, are published in the Official Gazette and shall contain at least:

• The number of places offered.
• Center to which applications should be addressed.
• Requirements to be met by applicants.
• Selective tests that have to be held, and if applicable, list of merits to be taken into account.
• Description of the selection board.
• Qualification.
• Program to govern the tests.
• Calendar of evidence.
• Order of performance of candidates, according to a prior draw.

Submission of Applications

Applications to participate in the proceedings should occur within a period of up to 20 calendar days from the day after the publication of the call in the BOE. To be admitted, and where appropriate, take part in the selection tests, simply... Continue reading "Civil Service Access and Career in Spain and EU" »

Common Law

Common law began to be applied in medieval England and expanded throughout the British Empire and its areas of influence. It has traditionally been based more on jurisprudence than on statutory law. Countries with common law systems include England, Wales, Ireland, India, and Australia. This system relies on the analysis of judicial decisions in lower and superior courts. Judicial interpretations can even create new legal figures. However, this has evolved over time, and now statutory law plays a more significant role than jurisprudence.

Ratio Decidendi: The essential reason that resolves a sentence determines the rest of the statements. In short, common law is based on case law. While common law has tended towards codification, it... Continue reading "Common Law vs. Continental Law: Understanding Legal Systems" »

Elements of Labor Law

The Employment Relationship

The employment relationship between employers and employees arises as a result of the employment contract.

Defining the Employer

In employment law, the employer is the natural person or legal entity that receives paid services from workers who depend on it.

The TRLET (Workers' Statute) expands this definition to include any person, entity, or community property receiving paid services from those who voluntarily work on their own and within the scope of the latter's organization. This definition:

• Extends to real communities (e.g., a community of owners hiring a janitor; the community is the employer, not each neighbor).
• Requires workers to act within the scope of the employer's organization (orders

Jurisdiction (Article 357)

Deprivation, suppression, and restoration of parental rights must be decided by the judge of the Trial Chamber of the Court of Protection of Children and Adolescents. The procedure follows Chapter IV of this title.

Guardianship (Article 558)

Guardianship includes custody, material assistance, supervision, moral guidance, and education of children. It also grants the power to impose appropriate corrections according to their age and physical and mental development.

Guardianship requires direct contact with children and empowers guardians to decide on their place of residence.

Guardian Exercise (Article 359)

Parents exercising parental authority have custody of their children and are legally responsible (civil, administrative,... Continue reading "Parental Rights: Jurisdiction, Guardianship & Child Custody in Argentina" »

Capacity and the Ability to Be Part of a Process (or Capacity to Stand Trial): Treatment Procedure

Ability to Be Part

Ability to be part is defined as the ability to be the holder of the legal relationship and procedure generated in the process and to assume the expectations and obligations inherent to it. It is a condition of release to the generality of the processes. Thus, the LEC (Civil Procedure Act) recognizes the ability of people to be a certain party, namely, to seek judicial protection and be able to see directly affected by a judicial decision. Capacity to be denied means you cannot apply for specific court guardianship.

It should be controlled to start the process for the issuance of a favorable ruling on the merits.

Article 6 of the... Continue reading "Understanding Legal Capacity in Civil Proceedings" »

Posted Workers Directive

Definition of a Posted Worker

For the purposes of this Directive, a "posted worker" is defined as any worker who, for a limited time, carries out their work in the territory of a Member State other than the one in which they normally work. The concept of "worker" is determined by the law of the Member State where the worker is posted.

Conditions of Employment

Member States must ensure that companies guarantee posted workers the following employment terms in the host Member State, regardless of the applicable employment law:

• Maximum work periods and minimum rest periods
• Minimum paid annual holidays
• Minimum rates of pay, including overtime (excluding supplementary occupational retirement pension schemes)
• Conditions of labor supply,

Employer's Obligations in Occupational Safety

Key obligations:

• The employer must ensure the safety and health of workers in all aspects of the job.
• The employer must implement occupational risk prevention measures.

Employee's Rights and Obligations in Risk Prevention

Employee's obligations:

• Use the correct protective means and equipment provided by the employer, following given instructions.

Employee's rights:

• Workers are entitled to information, consultation, and participation in the prevention of occupational hazards.

Prevention Service Modalities

Four modalities for organizing prevention:

1. Assumption of preventive functions by the employer: Only applicable to businesses with up to six workers that do not engage in dangerous activities.
2. Designation of

Introduction

The Second Industrial Revolution and the second half of the twentieth century brought important changes in market structure: consolidation of big business and mass consumption, a shift away from the party responsible for damage (the manufacturer), internationalization of markets, etc. The traditional regulatory arsenal (Civil Code, Commercial Code, and Competition Law) proved insufficient to protect consumers. This led to a perceived degradation of the consumer's position and prompted calls for consumption standards.

In Spain, Article 51 of the Constitution (EC) contains the four basic consumer rights:

• Defense of consumer safety and health.
• Protection of their legitimate economic interests.
• Protection of information and education.
• Promotion

Geographic Mobility in the Workplace

Geographic mobility consists of changing the workplace. There are two types of geographical mobility:

Transfers

A transfer is the power that an employer has to change the geographical location of a worker providing services at a different site from the one they were initially hired for, provided that this involves a change of residence. It may involve a change of permanent location. For an employer to transfer an employee, it is required that there are economic, technical, organizational, or production reasons, or that such a change is permitted to improve the competitive position of the company. Transfers can be individual or collective.

When faced with a transfer, a worker may:

1. Accept the decision and move.