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

Liberal State of Law: Rule of Law and Administration

Rule of Law with Respect to Administration, Jurisdiction, and Citizens

In this concept, the liberal state of law is presented as a legislative rule that states, mainly through the principle of legality, that some authors, like Luis Miguel, believe that evolution has taken this step from the state legislature to the constitutional state. The idea of the state legislature affirmed the principle of legality.

Principle of Legality vs. Rule of Law

The legality principle expresses the idea of law as a supreme legislative measure to which no stronger right can be opposed, whatever its origin or basis. The primacy of the law is, above all, the defeat of the old regime and absolutism. Limiting the absolute... Continue reading "Liberal State of Law: Legality vs. Rule of Law" »

Indefinite Contracts

These contracts have no termination date and may be oral or written.

Class: Indefinite Contracts - Ordinary

Promoting Employment

Aimed at groups most affected by unemployment:

• Unemployed individuals over 45 years old.
• Youth up to age 30 seeking their first job.
• Long-term unemployed (more than 6 months).
• Unemployed women.
• Disabled individuals.

Companies that utilize this type of contract receive bonuses.

Fixed Batch Contracts

These are fixed-term contracts performed discontinuously.

Fixed-Term Contracts

These contracts have a set end date.

Class of Fixed-Term Contracts

By Job or Service

• Purpose: For work or services not part of normal business activity.
• Duration: Indefinite.

For Reasons of Production

• Purpose: When a company is increasing production.

The relationship between regular and organic law is not hierarchical, but based on competence. Basic Law: Organic laws pertain to the development of fundamental rights and public law, which approve the statutes of autonomy and the general electoral system. There is a list of revisions in the constitution that must be regulated by organic law. Approval requires an absolute majority. To adopt organic laws, an absolute majority (176 seats in Congress) must be achieved. The purpose of this absolute majority is to foster consensus and ensure guarantees for the opposition's participation. A committee in parliament cannot be tasked with making law. Organic laws can only be those specified in Article 81. All deployment or interpretation must adhere

Commercial Law

Commercial law is the branch of private law regulating the relations of individuals involved in commercial transactions, particularly merchants.

Characteristics

• Security and strength
• Simplicity and strictness
• Universality
• Systematized and enduring

Sources of Commercial Law

Sources of commercial law encompass any objective mandatory standard or rule from which it originates.

Scope

• Broader meaning

Purpose

• Profit-making

Economic Trade

• Exchange or intermediary activities for profit

Classification of Trade

• Domestic and foreign trade
• Land and sea trade
• Wholesale and retail trade
• Self-employed and commission-based trade

History of Commercial Law

The oldest known commercial law is the Code of Hammurabi, inscribed on Babylonian clay tablets, addressing sale,... Continue reading "Fundamentals of Commercial Law: Principles, History, and Legal Acts" »

Fundamental Rights and Sovereignty

The Spanish Constitution recognizes a wide range of freedoms and rights, including the right to life, equality before the law, freedom of expression, association and assembly; property rights, free enterprise, and the right and duty to work.

Sovereignty resides in the Spanish people, from whom all powers emanate. The people elect representatives through direct, secret, universal suffrage, choosing between various political parties.

State Structure and Division of Powers

Spain is a social, democratic, and rule-of-law state. The King is the highest representative of the state and has limited functions, such as enacting laws and holding supreme command of the armed forces. The principle of the separation of powers... Continue reading "Spanish Political Organization and Institutions" »

Interpretation of Treaties

Interpreting a treaty involves determining the meaning and scope of its provisions and clarifying any obscure or ambiguous points. The fundamental principle of interpretation is found in the Vienna Convention on the Law of Treaties, specifically Article 31. This article states that a treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and considering its object and purpose.

Article 31 also specifies that the context for interpretation includes:

1. Any subsequent agreement between the parties regarding the treaty's interpretation or the application of its provisions.
2. Any subsequent practice in the application of the treaty which establishes

Constitutional Law: Key Perspectives and Disciplines

Aftalion, Llabia, and Others on Legal Relationships

Aftalion, Llabia, and others argued that all legal relationships possess both a public and a private aspect. It is widely accepted that public law and private law are two species of the same genus, and the division reflects the two directions that legal standards can take.

González on Constitutional Right

González defines constitutional right as the set of precepts used to establish and govern a society. This occurs when certain governments are organized to preserve and perpetuate themselves as sovereign nations.

Quintana on Constitutional Right

Quintana characterizes constitutional right as the system of positive norms and principles governing... Continue reading "Constitutional Law: Principles, Concepts, and Applications" »

Court Summons and Prosecution

This stage involves a summons to appear before the court for prosecution. While the specific car mentioned may not be directly actionable, it can be requested to revoke an intermediate stage before the competent body.

B) The Intermediate Phase

This phase serves a dual function: it controls whether the conclusion of the summary proceedings was correct and decides the merits of the case for oral trial.

• The Court sets a deadline for prosecutors to review the file and determine whether they agree with the inquiry's conclusion or if further proceedings are necessary.
• The accused may also request additional investigation, seek dismissal, or request the opening of a trial.
• If the summary proceedings are not closed properly,

Court Inspections: CGPJ & Judicial Oversight

Court inspections can be performed automatically by the CGPJ (Consejo General del Poder Judicial) itself or at the request of the Ministry of Justice. Therefore, the CGPJ is responsible for the higher inspection and supervision of all courts. This is in addition to regular gubernatorial inspections carried out continuously by executive bodies, namely:

• The President of the TS (Tribunal Supremo)
• The Presidents of the Supreme Court and Provincial Courts (Audiencias Provinciales - PA)
• The Presidents of Chambers and Sections
• Judges regarding their own courts

The inspection must be carried out by a judge or magistrate of a grade lower than that of the head of the inspected body. All court personnel and partners... Continue reading "Judicial Oversight & Non-Judicial Court Functions in Spain" »

Taxpayer Responsibilities

Defining Responsible Parties

Responsible parties are individuals or entities designated to manage tax matters alongside primary debtors. They are determined by legal standards and are not directly liable but act as intermediaries.

Types of Responsibility

• Joint and Several Liability: All responsible parties share equal liability for the tax debt.
• Subsidiary Liability: This applies when the primary debtor fails to fulfill their tax obligations. The tax administration must follow a specific procedure:

Subsidiary Liability Procedure

1. Declaration of Insolvency: The tax administration declares the primary debtor insolvent.
2. Derivation of Responsibility: A formal act transferring responsibility to the subsidiary party is issued