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

Item 4 - Politics: The Art of Directing and Organizing the State

Politics is the art of directing and organizing the polis (the state).

• Rules: They seek to regulate the behavior of human freedom to achieve certain values.
• Institution: Systems organized in society, permanently, which aim to meet certain needs. Examples of institutions are the institution of marriage, unions, etc. Institutions are regulated in turn by norms.
• State and Types: Partnerships with institutions that manage political power. There are three types: slave, feudal, and modern.
• Modern State: It can be defined as a social institution with universal jurisdiction. It is a source of legality, has a monopoly of coercive power, and is sovereign.
• Absolutism: A government system in which

Fungible and Infungible Assets Explained

ITEM 19 Expendable and Expendable INFUNGIBLE ASSETS are those that can be replaced by other homogeneous assets equivalent to each other and covered by their characteristics or generic qualities. Example: money, a book.

Infungible goods are those that are identified in any legal relationship taking into account their own characteristics, which need not occur in the remaining assets of the category. Example: a book dedicated by the author or a particular box.

YOUR MONEY AS WELL AS CONSUMABLES is a unit of measure of value that is given to things in the market. The importance of money is not in its consideration as a thing, but for being a medium of exchange and payment. Money is a material thing, currency... Continue reading "Fungible vs. Infungible Assets" »

Obligations

• General obligations
• Real right: It is one that directly and immediately gravitates on a certain thing, and that requires everyone's equal respect, but purely passive.
• Credit or personal law: It is a special relationship between two specific individuals, one of whom may require the other, determined to provide what under common law is due.

Example: Right to ownership, right to credit a sum of money due to us under a loan.

• The requirement: A link right on the necessity compels us to pay for a thing. The creditor is the active subject of the relationship, and the debtor has liabilities. The lender expects or hopes that the debtor complies with what has been committed to.
• Elements of the obligation: It has two subjects, one active and

Classes of Official Duties

Economic, non-economic, and social union.

A) Economic

Officials are entitled to basic pay, salary and bonuses, triennial bonuses, and additional remuneration for extra allowances, specific productivity, and gratuities.

B) Non-economic Rights

At the office, career development, appropriate treatment, dignity and privacy, leave, etc.

C) Trade Union Rights

To self-organize, to strike, and trade union participation and representation.

D) Social Rights

Contingencies and benefits in general, basic and complementary.

Duties of Officials

The duties of officials are understood as the legal obligations they have regarding the services provided in public administration.

Classes of Duties of Officials

From a moral, professional, and political... Continue reading "Official Duties and Rights in Public Administration" »

Corporate Contributions

4. Social Contributions: The objective is to provide everything that contributes to the development of corporate purpose. In such a society, only goods and property rights capable of economic assessment may be provided, excluding labor or services. Contributions from industry can be made to society, but in exchange for shares, which are not received. Monetary contributions can be made in any currency, provided they have been converted to euros, and disbursement should also be checked. Non-monetary contributions refer to any good or right capable of economic valuation, other than money. Ancillary services (benefits) can be established. In any case, these must be expressed in the articles of association, indicating the... Continue reading "Shareholder Rights and Corporate Contributions" »

Internal and External Sources of Labor Law

Internal sources are developed by the legislature (Congress of Deputies), the executive (government), and representatives of employers and employees (unions). These sources are:

• The Spanish Constitution of December 6, 1978 (the supreme law of Spain)
• Organic laws, ordinary decree laws, legislative decrees, and autonomic regulations

External sources (international) come from international organizations or agreements with Spain and apply after being approved by Congress and the Senate (they become Spanish rules with domestic preference).

Principles of Labor Standards

• More favorable standard: When two or more rules are in force (regarding holidays, work, pay, etc.), the most favorable to the worker is applied.

Presidentialism

The presidential form of government has a rational genesis, the result of dogmatic reflection, and is strongly inspired by Montesquieu's theory on the separation of powers. When developing the United States Constitution in 1787, there were no empirical precedents in determining the form of government. In other words, there was no previous constitution worthy of the name, nor did the democratic principle, as a legitimating principle, have precedent. The only record was theoretical and, in regard specifically to the form of government, was that set by the Frenchman Montesquieu in The Spirit of Laws, which analyzes the English political system.

Montesquieu's Theory

Montesquieu's theory on the separation of powers needed to sift through... Continue reading "Presidentialism: A System of Separated Powers" »

Origin of Banking Legislation in Chile

The laws dictate the National Savings Fund and Mortgage Fund. New banks were founded, each with the particular issue of its own paper money. The SBIF was created during the Arturo Alessandri administration, following a contract with U.S. experts from the Kemmerer Mission, which adopted three measures:

• To issue a monetary law
• Enact the law that created the Central Bank
• Issued a general banking law

Bank Concept

A bank is defined as a "special corporation. A bank is a financial intermediary responsible for acquiring funds in the form of deposits, lending money, and providing financial services."

Law No. 04/186

The Law No. 04/186 on corporations is particularly important for banks, as these institutions, in our legislation,... Continue reading "Chilean Banking Legislation: Origins, Laws, and Regulations" »

Leave of Absence

1. Exercise of Public Office or Union Representation: Employees elected or appointed to public office or union positions at the provincial level or higher, which hinders their ability to work, are entitled to a leave of absence. They now have 30 days to return to work.
2. Deprivation of Freedom: Workers deprived of their freedom are not required to work until a conviction is issued. After sentencing, the employer can dismiss them for repeated absences.
3. Disciplinary Suspension: Suspension of work and wages can occur for disciplinary reasons. Employees have 20 days to contest the sanction.
4. Force Majeure: Temporary suspensions due to economic, technical, organizational, or production-related reasons require authorization from the Labor