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

General Act of the National Treasury

Regulatory Principles

Article I. - Cash Unit

Centralized management of public funds at each institution or agency, regardless of the funding source and its purpose, respecting the titling and registration exercise appropriate to the entity responsible for their perception.

Article II. - Cheapness

Management and disposal of public funds enabling optimal implementation and permanent monitoring, minimizing costs.

Article III. - Truth

Centralized authorizations and processing operations, assuming that the information recorded by the entity is documented and sustained by lawfully authorized and conducted administrative acts.

Article IV. - Opportunity

Perception and accreditation of public funds within the prescribed period,... Continue reading "National Treasury Act: Regulatory Principles and System Composition" »

Adoption of Legal Personality

• Certification of a Negative Social Denomination

  Applying for a name that meets the requirements prohibiting established commercial names. The regulation prevents the coincidence of the name of two or more companies. Applications must be made to the Central Business Register for companies, and to the Cooperative Society Registration for cooperatives. It contains personal data of the applicant. If six months pass without registration, it is canceled.

• Opening a Bank Account

  For some companies, a minimum capital is required, which can be deposited into a current account, where appropriate. The financial institution will issue a certificate of deposit that will be delivered later to the notary.

• Articles of Association

  This

Core Quality Management Concepts

Quality: Meeting customer requirements and expectations. A product or service possesses quality when it fulfills the requirements anticipated by its potential users.

Quality Management System (QMS): Involves developing a quality policy, an organized structure, and operating procedures to ensure products and services meet necessary requirements.

Standard: A public document created to regulate a specific activity, requiring approval from a legally recognized body. Compliance is generally not mandatory unless specified by official regulations.

Certification: A process where a third party provides written assurance that a product, process, or service conforms to specified requirements.

AENOR: The Spanish Association... Continue reading "Understanding Quality Management: Standards, Certification & TQM" »

European Union: A Historical Timeline

May 9, 1950: The Schuman Declaration, establishing the European Coal and Steel Community (ECSC), was born. The founding members are Germany, France, Italy, Belgium, the Netherlands, and Luxembourg. EU promoters.

March 25, 1957: These six countries signed the Treaty of Rome, establishing the European Economic Community (EEC).

1968: Customs duties were abolished.

1960s: The Common Agricultural Policy and commercial policies are implemented.

1973: Ireland, the United Kingdom, and Denmark joined, along with ongoing social and environmental policies.

1979: First European Parliament elections.

1981: Greece joined.

1986: Spain and Portugal joined.

1985/1993: The White Paper was released, creating a calendar for the European... Continue reading "History and Institutions of the European Union" »

Key Aspects of Labor Law

ETT 1: Temporary employment agencies hire unemployed farm workers, establish contracts, and collect the SMI (Minimum Interprofessional Wage).

2nd Labor Relations:

• Staff: Must be managed by the hired individual. Delegation of this relationship is permitted.
• Voluntary: The relationship is not compulsory or forced.
• Employed: The product of labor belongs to the employer, not the worker.
• Dependent: The employee is subject to the employer's discipline and direction.
• Compensation: The worker receives a salary in exchange for their work.

3rd The Trial Period: The employer assesses the worker's professional attitude, and the worker evaluates working conditions. It must be in writing. Duration: 6 months for qualified workers, 2 months... Continue reading "Key Aspects of Labor Law: Contracts, Agreements & Regulations" »

Requirements for Chilean Citizenship (Art. 13, CPE 1980)

• Be 18 years of age.
• Not have been sentenced to corporal punishment.

Citizenship Rights Granted (Art. 13, CPE 1980)

The status of citizen grants voting rights, eligibility for elective office, and other rights conferred by the Constitution or the law.

Characteristics of Suffrage (Art. 15, CPE 1980)

• Suffrage is universal.
• Suffrage is equal.
• The vote is secret.
• Voting is compulsory (Reformed).

Additional principles:

• Suffrage is direct.
• The vote must be informed.

Disqualification from Suffrage (Art. 16, CPE 1980)

The right to vote is suspended:

1. On interdiction if found with dementia.
2. For the person accused of a crime that deserves corporal punishment or a crime that the law qualifies as terrorist behavior.

Building Disability Employment Contracts

Concept: Spike contactacio aimed at workers with disabilities with a degree equal to or greater than 33% of pensioners or social security.

• Length: Minimum 12 months, maximum 3 years.
• Day: Full-time or part-time.
• Incentives: Company bonuses depend on the level of disability, sex, and age.
• Compensation: Workers are entitled to 12 days' salary per year of service (anticipation of retirement age).

Concept: These contracts are intended to replace workers who seek to anticipate retirement.

Requirements: Must be registered as unemployed at the employment office.

Indefinite Contracts

Concept: Aims to recruit workers indefinitely.

Requirements: No special requirements for companies or workers.

Form: Can be verbal or written.... Continue reading "Employment Contracts in Spain: Types and Requirements" »

Origin of Law

Where there is a society, there is law; where there is no society, there can be no law. No social life is regulated by human rights, and its origin is not in man alone.

Anthropological Perspective

It is debatable whether the allusion to human rights as a whole governing principle in the life of primitive peoples constitutes a technical legal concept.

Philosophical Perspective

There is no pre-social state of legal rules.

Historical Perspective

The appearance of legal norms can be tested historically. To justify the existence of a minimum set of laws, certain circumstances must coincide, such as:

1. Human vulnerability
2. Approximate equality
3. Limited altruism
4. Resource limitations
5. Comprehension and free will

The force of law arises from the relationships... Continue reading "Origin, Power, and Definition of Law: Public vs. Private" »

Understanding Employee Compensation

Wages in Kind

This refers to salary paid to the employee in the form of products or services. Such payments cannot exceed 30% of the employee's total compensation.

Non-Wage Payments

These are payments not considered wages and include:

• Indemnities or Allowances: Received by the worker to cover costs incurred as a result of work activities.
• Social Security (SS) Benefits: Amounts received by the worker from the Social Security system.
• Allowances for Removal, Suspension, or Dismissal.

Deductions

These amounts decrease the wage received and represent mandatory contributions to Social Security (SS) and Personal Income Tax (PIT).

Social Security Procedures

The company has two main obligations towards the Social Security system:... Continue reading "Employee Payroll, Benefits, and Separation Procedures" »

Lending

Fungible Tooling

• Transfer of ownership
• The borrower is only relieved by restoring the very thing borrowed.
• Transfer of a third thing is prohibited.

Mutual Loan

• Real, non-fungible items
• Consumer Loan
• Transfer of ownership
• Allows the sale of the thing loaned
• The borrower is relieved by restoring something of the same species.

Objective Theory: To give someone a property that is just as good because it appears that whoever has possession has the animus, or the will, to keep the good.

Subjective Theory: For someone to have ownership of something, they must have the body (a thing) and the animus (willingness to keep the good).

Transfer of possession and charging for it is not lending but a rental.

Deposit

Concept: A contract whereby a contractor (receiver)... Continue reading "Lending, Deposit, and Mandate: Key Legal Concepts" »