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

External Payment Methods in International Trade

The choice of external payment methods in international transactions often involves a trade-off: greater security typically results in less flexibility, and conversely, less security means more flexibility.

Essential Documents in International Transactions

Documents are crucial in international transactions and are often categorized into business documents, financial documents, transport documents, and insurance documents. Financial documents, directly related to formalizing payment and guaranteeing repayment, commonly include:

• Bills of exchange
• Promissory notes
• Checks

Key External Payment Mechanisms

Payment Orders

Payment orders are similar to bank transfers. Their use is common when there is a high level... Continue reading "International Trade Payment Methods: External Options Explained" »

Individual Companies

• Members: 1
• Capital: Low
• Liability: Unlimited
• Registration: Not registered in the commercial register
• Decision-making: Employer/Manager
• Administrative Body: Entrepreneur
• Capital Transfer: Not applicable
• Taxation: Personal Income Tax
• Advantages: Less paperwork, quick decisions
• Disadvantages: Limited support, potential personal liability

Civil Society (Public and Private)

• Members: Minimum 2 partners
• Capital: Low
• Liability: Limited or unlimited
• Registration: Not registered
• Decision-making: Employers
• Administrative Body: Employers
• Capital Transfer: Not applicable
• Taxation: Personal Income Tax
• Advantages: Support, quick to assemble
• Disadvantages: Requires partner agreement, potential liability

Mercantile Collective Society

• Members: Minimum 2 partners
• Capital:

Understanding Labor Law: Core Principles

Labor Law is the set of rules governing relations between employers and workers.

Key Characteristics of Labor Law

• Voluntariness: The employee must freely decide to enter, continue, or terminate the employment relationship.
• Dependency (Working for Another's Account): Work is performed for someone else, who receives the fruits of labor in exchange for remuneration. This excludes self-employment.
• Subordination: The employer directs when, where, and how the work is performed.
• Personal Performance: The work must be performed personally by the employee, who cannot be substituted.
• Compensation: All work activity must be compensated, excluding unpaid labor. The employee receives a salary, and the employer benefits

Attributable Breach

A breach of duty may be attributable to the debtor due to fraud, fault, or default.

Non-Attributable Breach

A breach is not attributable to the debtor if it is due to unforeseen circumstances or force majeure. As stated in Article 1105 of the Civil Code, no one is responsible for events that could not be foreseen and were inevitable (except in cases expressly mentioned in the law or obligation).

Causes of Breach

A) Attributable to the Debtor (Art. 1101 CC)

• Fraud (Dolo)
• Fault (Guilt)
• Default (Mora)

B) Not Attributable to the Debtor (Art. 1105 CC)

• Fortuitous Event
• Force Majeure

Note: Fraud implies malice, deceit, while guilt refers to negligence and carelessness.

Fraud (Dolo)

A conscious will to produce an unjust act (Definition within... Continue reading "Breach of Contractual Obligations" »

Collective Redundancies

Consultation with Worker Representatives

When contemplating collective redundancies, employers must consult worker representatives in a timely manner to reach an agreement. These consultations should explore ways to avoid or minimize redundancies and mitigate their impact through social measures, such as aid for redeployment or retraining.

Member States may allow worker representatives to consult experts, according to national laws and practices.

Information Sharing

To facilitate constructive proposals from worker representatives, employers should provide all relevant information during consultations. This includes written communication of:

• Reasons for projected redundancies
• Number and categories of affected workers
• Total number

The Interplay of Law and Policy

3.1. Continued (See Diagram)

The Constitution arises from consensus, and its interpretation reflects political decisions. A democratic judiciary presupposes a democratic society acting upon the Constitution's democratic principles.

Democratic Constitutionalism: A Guarantor of Rights

Democratic constitutionalism safeguards rights and embodies popular sovereignty. The expansion of the judiciary, representing the legalization of politics, should not threaten the foundations of constitutionalism. While the judiciary's power has grown, it must operate within the Constitution's boundaries. The Constitution defines these judicial limits. The legalization of politics in Brazil poses no threat to the Constitution, given

Question: Define what is accountability and differentiate two dimensions: horizontal and vertical. Accountability is an attribute of democracy that implies control of the government by the governed.

Vertical Accountability

This dimension concerns relations between citizens and representatives, which are classically established through elections.

Horizontal Accountability

This dimension respects the relationship between the powers that be, involving checks and balances. A power controls and supervises the acts and omissions of the other. Question: The analysis of legislative production in Brazil in the post-88 indicates a supremacy of executive power. Indicate the reasons contributing to this predominance of the executive. The Constitution of... Continue reading "Understanding Accountability and Executive Power in Brazil" »

Article 372. Apportionment of Maintenance Obligation Amount

The amount of the maintenance obligation may be prorated among those obligated to comply when they are physically prevented from fulfilling it individually. In such cases, an agreement on the required apportionment may be reached through conciliation and submitted to the judge for harmonization. If no agreement on apportionment is reached, the court shall establish the extent to which each party is required to contribute. Conciliation may also be conducted with the involvement of an Ombudsman for Children and Adolescents, as stipulated in paragraph f) of Article 202 of this Act.

Article 373. Equal Treatment for Children in Maintenance Obligations

A child or adolescent who, for any reason,... Continue reading "Understanding Child Support and Family Maintenance Obligations" »

Commercial Acts and Regulations

General Provisions

Scope of the Commercial Code

This Code governs commercial acts and other applicable laws.

Definition of Dealers

Dealers are individuals with legal capacity to engage in trade as their ordinary occupation. This includes companies incorporated under commercial laws, foreign companies, agencies, and branches operating within the national territory.

Legal Capacity

Every person with legal capacity can contract and be bound.

Unfair Competition

Acts of unfair competition include:

• Creating counterfeit products
• Discrediting establishments, products, or activities through false statements
• Misleading the public about the nature or manufacturing methods of products

Restrictions on Commerce

Commerce is prohibited in... Continue reading "Commercial Acts and Regulations: A Comprehensive Guide" »

Tax Prescription under the LGT

Introduction

Tax prescription is a legal institution that governs the loss of rights due to non-exercise within a specific period. It balances the principles of justice (right holders exercising their rights) and legal certainty (diligent exercise of rights to limit uncertainty). This overview focuses on Articles 66 to 69 of the LGT, detailing the key aspects of tax prescription.

Article 66: Limitation Period and Prescribed Rights

Article 66 establishes a four-year limitation period for the following rights:

• The Tax Administration's right to determine tax liability through timely settlement.
• The Tax Administration's right to demand payment of settled and self-assessed tax debts.
• The right to request refunds (as per