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

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Banking Services and Financial Operations: A Comprehensive Look

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Banking Services

Characteristics

Banking services are activities undertaken by a bank at the request of its customers, satisfying a need. Their price is called a commission.

Differences from Goods

  • Intangibility: Services cannot be perceived by the senses. You do not know if a service is expensive or not until it is used.
  • Inability to Protect with Patents: Services cannot be patented; only the name is patented (e.g., Visa).
  • Perishability: If a service is not used, it is lost.
  • Impossibility of Appropriation: Purchase only grants the right to use the service, not ownership.

Debits

Debits are authorizations given to the bank to make collections and payments from a bank account.

  • Collections: Payroll, pensions, broadcast collections.
  • Payments: Utilities (electricity,
... Continue reading "Banking Services and Financial Operations: A Comprehensive Look" »

Understanding Subordinate Clauses: Adjective and Adverbial Types

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Substantive Clauses

Substantive clauses function as nouns or noun phrases within a sentence. Nexus: that, if, interrogative pronoun.

Adjective Clauses (Relative Clauses)

Adjective clauses modify nouns, just like adjectives. The noun being modified is called the antecedent. Adjective clauses are also known as relative clauses because they are introduced by relative pronouns, adjectives, or adverbs.

Links:

  • Relative pronouns: who, whom, whose, which, that
  • Relative adjectives: whose
  • Relative adverbs: where, when, how, why

Types of Adjective Clauses:

Restrictive (Defining) Clauses

Restrictive clauses limit or define the meaning of the noun they modify. They are essential to the sentence's meaning.

Example: Students living far away arrived late. (This limits... Continue reading "Understanding Subordinate Clauses: Adjective and Adverbial Types" »

Spanish Public Administration: Roles and Processes

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Civil Servants (Funcionarios)

Individuals employed in public administration roles, operating under a statutory appointment. This typically involves permanent service and a fixed salary. They may serve the administration on a temporary or statutory basis.

Selection Systems

  • Opposition (Oposición): Candidates undergo one or more tests to demonstrate their capacity for the vacant position.
  • Contest (Concurso): Candidates are selected based on the assessment of their merits (e.g., experience, qualifications) without competitive examinations.
  • Contest-Opposition (Concurso-Oposición): A combined procedure involving both the assessment of merits and the successful completion of specific tests.

Career Progression

Professional Classification

Jobs are classified... Continue reading "Spanish Public Administration: Roles and Processes" »

Analysis of Article 6 of the Organic Law of the State (1967)

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Commentary on Article 6 of the Organic Law of the State (1967)

This document, a primary legal and political source, represents one of the fundamental laws of the Franco dictatorship in Spain. Authored by the Spanish government, it exemplifies the legal framework of the regime. The Franco regime, a conservative military dictatorship, ended with Franco's death. Despite its illiberal and undemocratic nature, the dictatorship aimed to establish a set of basic laws. These included the Labour Law (drafted during the Civil War), the National Development Law, and other legislation outlining Franco's principles. However, the legal apparatus remained incomplete, requiring court appearances to clarify legal interpretations.

Purpose and Context of the Organic

... Continue reading "Analysis of Article 6 of the Organic Law of the State (1967)" »

Starting a Business in Chile: Key Steps and Considerations

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Starting a Business in Chile: A Step-by-Step Guide

1. Time to Set Up a Company in Chile

The process may take more than 6 months, approximately 130 days.

2. Costs Associated with Starting a Business

Costs vary depending on the type of company, with a fixed value of approximately $550. Examples:

  • Industrial Company: $1,350
  • Food Company: $1,270

3. Limited Liability Company Procedures

An individual limited liability company is a legal entity with limited liability. The owner's personal assets are only liable to the extent of their capital contribution. The company is liable with all its possessions.

A company is an association of individuals or legal entities engaged in commercial activity, pursuing a profit or gain shared among partners based on their contribution.... Continue reading "Starting a Business in Chile: Key Steps and Considerations" »

International Treaties and Constitutional Challenges: A Legal Analysis

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International Treaties and Constitutional Challenges

If there are any doubts about the constitutionality in the conduct of the treaty, give full consideration to the court.

  • The timing is important; the time when the consultation occurs is crucial because it's the right time to address the court.

No, not initially.

No, not one final time.

The Constitutional Tribunal (TC) is advised to act once the text is set but still without consent. A final text, but not the last, because it is not ratified. The site is requested to attend legitimate constitutional bodies.

The court shall not sentence or issue a statement. Why no sentencing? Because this is not a legal rule, since the state still has not given consent. We have a project or text that has been set... Continue reading "International Treaties and Constitutional Challenges: A Legal Analysis" »

Understanding Spain's Law on Personal Autonomy and Dependency Care

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Image

First Level: State Jurisdiction and Equality

The exclusive jurisdiction of the State to regulate the basic conditions guaranteeing the equality of all Spaniards in the exercise of rights and in fulfilling their constitutional duties (art. 149.1.CE) justifies the regulation, by part of this Act, of the basic conditions for the promotion of personal autonomy and care for people in situations of dependency. This is achieved by creating a System for Autonomy and Care with the cooperation and participation of all public administrations, and with full respect for the responsibilities that they have undertaken in social care in the development of art. 148.1.20 of the EC. The Act establishes a minimum level of protection, defined and financially guaranteed

... Continue reading "Understanding Spain's Law on Personal Autonomy and Dependency Care" »

Adolfo Suárez's Government & Spain's Transition to Democracy

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**Adolfo Suárez's Government: A New Era for Spain**

Political Reform (1976-1977)

Adolfo Suárez faced two major challenges upon assuming leadership. The first was political reform. The pivotal *Law for Political Reform*, amending Franco's legislation, established a bicameral Parliament with members elected by universal suffrage. Passed in 1976, this law paved the way for democratic elections. With the support of the opposition, Suárez succeeded in legalizing all political parties and trade unions. The June 1977 elections resulted in a majority for the Union of the Democratic Centre (UCD), Suárez's party.

Measures Against the Crisis

The UCD government proposed a policy of consensus, culminating in the signing of the *Moncloa Pacts* in 1977. These... Continue reading "Adolfo Suárez's Government & Spain's Transition to Democracy" »

Understanding Credit Instruments: Bills of Exchange, Checks, Promissory Notes

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Credit Instruments

The instruments most commonly used in exchanges between companies are the bill of exchange, checks, and promissory notes.

Bill of Exchange

A bill of exchange is a commercial document whereby a person, the drawer, orders another, the drawee, to pay a certain amount of money on a particular date. The payment of the bill of exchange can be made to the drawer or a third party called the beneficiary, payee, or holder, to whom the drawer has sent or endorsed the bill of exchange.

  • The drawer: Is the person who is a creditor of the debt and who issues the bill of exchange.
  • The drawee: Is the debtor who must pay the bill of exchange. The drawee may accept or reject the payment order given by the drawer, and if they accept it, they are
... Continue reading "Understanding Credit Instruments: Bills of Exchange, Checks, Promissory Notes" »

American Revolution: Birth of a Nation & Its Constitution

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The American Revolution: Birth of a Nation

The American Revolution was a conflict between thirteen British colonies in North America and Great Britain between 1775 and 1783. From this process, a new nation emerged. The new state that emerged from the revolution settled on a set of values and institutions inspired by liberal thought. According to them, at birth, anyone has a series of guaranteed natural, individual, and transferable rights: life, liberty, equality, property, the right to overthrow an unjust government, legal defense, and freedom of expression, association, and the press. These rights were enshrined early in the Declaration of Independence (Philadelphia, July 4, 1776), written by Thomas Jefferson, and the Virginia Declaration... Continue reading "American Revolution: Birth of a Nation & Its Constitution" »