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

DS 54: Regulations for Joint Committees on Hygiene and Safety

Scope and Mandatory Establishment

• Mandatory Establishment: Required in any business, labor branch, or agency employing more than 25 people.
• Composition: Must be composed of representatives of employers and staff (workers).
• Authority: The committee's decisions are binding for the company.

Multiple Committees for Different Work Areas

There must be a separate committee for each distinct work area or functional unit that employs more than 25 people.

Dispute Resolution

The Labor Inspectorate resolves disputes concerning the committee's operation or decisions.

Permanent Committee Option

A permanent joint committee may be established for the entire company.

Committee Composition and Election

Composition

Penalty: Two years' imprisonment. Prescription: Four years, as he was under 21 years at the time of the incident, the limitation period is reduced by half, or two years.
Age: 19 years
Publication of the Sentence: 05/05/2008
Res Judicata p / Indictment: 02/06/2008
Res Judicata p / Defense: 15/06/2009

Prison: 6/5/2010 (beginning of the sentence)
Ask yourself: Is it prescribed?

05/05/08..................................02/06/08 ...... .................................................. ......05/05/10
Publication of the Sentence: Transit dismissed Indictment Home Compliance Pen
Marco: Interruptive
+ 27 days + 2 years 3 days

Res Judicata p / Defense: 15/06/2009: No interrupting March for prescription.

ANSWER: 1

Yes, it is prescribed.... Continue reading "Understanding Legal Prescription and Imprisonment Terms" »

Adoption of Treaty Text

The adoption of a treaty text involves setting the text, with states indicating that the text reflects their intent. For multilateral treaties, the text is voted upon and approved, which constitutes the authentication of the treaty. At this stage, a state is not yet obligated but cannot act to deprive the treaty of its effectiveness.

Signature of Treaties

Signature marks the close of the negotiation stage. Generally, signature itself does not create an immediate obligation for a state to be bound by the treaty. However, a distinction must be made:

• Solemn Agreements: These require subsequent ratification for the treaty to become legally binding on the state.
• Agreements in Simplified Form: For these, signature serves two functions:

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

Understanding the Evolution of Public Law

The Principle of Legality (Top Juridica)

• Originates from the Constitution of 1833 (Art. 160).
• It is the basis of the Chilean government.
• Currently enshrined in Article 7 of the Constitution (CPR).

This principle establishes requirements for acts of public bodies. Public bodies must behave differently than private entities; their actions are more limited. Public bodies can only act if the law permits it.

The principle "under the Constitution or laws" means public bodies can only do what the Constitution or laws permit.

Differences between Public and Private Law:

• Private Law: You can do everything that is not prohibited.
• Public Law: You can do only what is permitted.

State Responsibility and Judicial Review

Individuals... Continue reading "Key Concepts in Public Law Evolution" »

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" »

The Role of Constituent Power

The presence of a crucial historicist element prevents the American doctrine, established by the constituent power, from imprinting Jacobin political voluntarism. The people exercise constitutional power not only to claim the direct exercise of political sovereignty and make fundamental decisions about the character of the Constitution, but also to secure a stable content of constitutional provisions, thereby opposing the possible arbitrariness of both legislative and constituent power.

Natural Law and Historicism's Influence

Natural law and historicism are not opposed; rather, they bind together, directing the exercise of constituent power toward its perennial goal: to limit and circumscribe the authority of the... Continue reading "Founding Principles of American Constitutionalism" »