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

Reduced Citizen Participation and Increased Mayoral Power

Citizen participation was reduced to only the property owner being able to take part. More than 30,000 people were appointed by the mayor of the town and the province, and local government budgets were approved.

Measures to Reduce Freedom of the Press

These are the measures taken to reduce the freedom of the press:

• Prior censorship for written materials was established in the year 2000.
• The Church was granted the power of censoring books.
• The 1879 law established the reinstatement of the printing system to attack the political and social system or to question it.

Caciquismo and Electoral Corruption

Caciquismo refers to electoral corruption. This alternative formula provided the parties with... Continue reading "Caciquismo in Spain: 19th and 20th Century Electoral Corruption" »

Administrative vs. Legal Acts: Key Differences

Can a legal act not be an administrative act? Yes, there are other acts that produce legal effects that flow from the power of government, such as commitments made between two or more individuals.

Elements of an Administrative Act

1. Unilateral expression of will
2. Issued by an administrative body
3. Enacted in the exercise of its administrative function
4. Intended to produce legal effects

What Makes an Act Solemn?

For an administrative act to be valid, it must have been expressed and processed in the manner prescribed by law.

Principles Governing the Issuance of an Administrative Act

• Attribution rules and competition
• Procedure
• Reasons
• Purpose (Fin)
• Interdiction of arbitrariness
• Respect for the essential rights emanating

Declaration on the Right to Development

Adopted by General Assembly Resolution 41/128 of 4 December 1986

The General Assembly,

Reaffirming the purposes and principles of the Charter of the United Nations regarding the conduct of international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion,

Recognizing that development is a comprehensive economic, social, cultural, and political process, which strives for constant improvement of the welfare of all the population and all individuals on the basis of their active, free, and meaningful participation... Continue reading "UN Declaration on the Right to Development 1986" »

Scope of Social Security

The Social Security (SS) system ensures adequate protection for working people and their families. In Spain, there are two levels:

• Contributory

  Covers employed workers and their resident family members.

• Non-Contributory

  Includes all Spanish residents not covered by the contributory system, providing healthcare, disability, retirement, and child allowances.

Social Security Schemes

• General Regime

  Applies to most workers.

• Special Regimes

  Covers specific activities, including domestic workers and students.

Organizational Structure

The SS is managed through various entities:

A. Managing Bodies

• National Institute of Social Security (INSS)

  Manages cash benefits.

• Institute for Public Health (INGESA)

  Manages health services.

• National Institute

Causes of Incapacity

Incapacity can be caused by:

• A common illness or non-occupational accident
• An accident at work
• Occupational diseases
• Observation periods of occupational disease

Requirements for Payment of Cash Benefit for Temporary Disability

To be eligible for temporary disability benefits, you must:

• Be a member of social security
• In the event of common illness, have paid contributions for more than 180 days within the 5 years preceding the medical event
• In the case of a work-related accident or occupational disease, no minimum contribution period is required

Duration of Temporary Disability

The duration of temporary disability is typically 12 months. If you are discharged and later require leave within 6 months of the initial discharge, or within... Continue reading "Temporary Disability and Unemployment Benefits in Spain" »

Business Transmission: What Employers Need to Know

Business transmission occurs when a company changes ownership, such as through a sale, succession, or subrogation. If the owner dies, their heirs are responsible. Otherwise, the business is typically transmitted through a purchase. This process has important implications for workers:

Individual Employment Contracts

• Transmission of a business does not, by itself, terminate employment contracts.
• The business is transferred from the transferor employer to the transferee.
• The assignee assumes the rights and obligations of the assignor.
• A system of joint liability is established in case of breaches by either employer, covering:
• Labor obligations arising after the transfer (settled for 2 years).
• Job duties

- National sovereignty resides in the Spanish town. (The laws are determined through representatives in Parliament).
- The Constitution is based on the indissoluble unity of the Spanish nation. (The territory cannot be separated) (Indissoluble: you cannot separate).
- The way politics is the parliamentary monarchy. (The form of government in which the king serves as the Head of State under the control of the legislature (Parliament) and judiciary (government), that is, the King reigns but does not govern).
- Castilian is the official state language. The other Spanish languages are also official in their respective autonomous communities.
- The state capital is the city of Madrid.
- Citizens and public authorities are subject to the Constitution

Key Elements for Starting a Business

The key elements to creating a business are: an enterprising idea and a well-defined business plan.

Tip: Satisfy a need by addressing specific customer requirements. Differentiate your business through price, practicality, ease of use, technical advantages, psychological appeal, or social impact.

Types of Business Structures

Sole Proprietorship

A sole proprietorship is a business owned and run by one person where there is no legal distinction between the owner and the business. The individual, with legal capacity, acts on their own behalf or through representatives, engaging in commercial, industrial, or professional activities regularly. They are responsible for fulfilling all obligations with their assets,... Continue reading "Business Structures: Key Elements and Legal Forms" »

What is Adoption?

Adoption is a protective measure of excellence, which applies to benefit the family of origin when they have exhausted all possibilities for a child to return to or remain under the care of their biological parents or family.

The objective of this measure is to provide a child or adolescent who has been legally declared "capable of being adopted" (whether by assignment, inability, or neglect of parental care), a stable family that will allow proper growth and development in an environment of protection and affection. This is expected to repair, if possible, the impact they have had on their experiences related to abandonment.

Adoption reinstates the child to their right to a permanent family by offering quality childcare for... Continue reading "Understanding Adoption in Chile: Process and Requirements" »

Employment Contract Essentials

An employment contract reflects the agreement between a company and a worker. Key characteristics include:

• Worker: Minimum working age is 16.
• Employer: Can be a physical or juridical person responsible for directing work.
• The company benefits from the worker's labor in exchange for wages.
• Contracts can be indefinite or for a fixed term.
• Trial periods generally last 6 months for technical roles and 2 months for others.

Salary

Salary is the compensation provided to the worker for their services.

Shareholder Rights

Shareholders have rights including:

• Participation in social benefits distribution.
• Preemptive subscription rights for new shares.
• Attendance and voting at meetings.
• Right to challenge unlawful agreements.

Shares

Shares... Continue reading "Employment Contracts and Business Organization Essentials" »