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Understanding the Spanish Limited Company (SL): Formation & Management

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Understanding the Spanish Limited Company (SL)

Legal Framework and Definition

  • The Limited Company (SL) is primarily regulated by Law 2/1995 of March 23 on Limited Companies and Law 7/2003 on New Limited Companies (SLNE).
  • An SL is a company constituted by one or more partners, who can be either individuals or legal entities. It requires a minimum capital of €3,002.06, which is divided into shares, and features limited liability.
  • The Limited Liability Company (SRL/SL) is a common legal form for businesses in Spain.
  • Its regulations are flexible and adapted to current business needs.

Key Characteristics of the SL

  • Limited Liability: The liability of partners is limited to the capital contributed; they are only liable for the capital invested.
  • Capital
... Continue reading "Understanding the Spanish Limited Company (SL): Formation & Management" »

Electoral Procedural Law: Autonomy, Sources, and Jurisprudence

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Autonomy of Procedural Law

The Electoral Process: Autonomous Stages (Aftalion Vilanova)

Divisions of Autonomy

I. Legislative and Jurisdictional Autonomy

  1. Through the issuance of electoral LGMIL.

II. Academic and Professional Perspective

This autonomy is evident through the generation of essays, monographs, conferences, and theses on electoral procedure for bachelor's, master's, and doctoral degrees.

III. Scientific Autonomy

  1. It provides finality to acts not challenged within their respective districts, ensuring legal certainty and security.
  2. Another purpose of electoral procedural law is to ensure that acts or resolutions of the authority are subject to the law.

Rules Governing Electoral Procedural Law

Electoral procedural law is governed by its own rules.... Continue reading "Electoral Procedural Law: Autonomy, Sources, and Jurisprudence" »

Understanding Transient Services Companies: Regulations and Compliance

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Transient Services Companies (Art. 183 F et seq.)

These companies are lawful only when meeting legal conditions.

1. General Definitions

a) Transient Services Company

Companies providing temporary workers to businesses.

b) User

A natural or legal person contracting with a transient services company for temporary staff.

c) Transient Service Worker

A person working temporarily for business users.

2. General Standards

Oversight of work performance standards applies to both the transient company and the user.

3. Rules for Transient Service Enterprises

3.1 Prohibition of Affiliation

Transient companies must not have ties with business users.

3.2 Obligation of Guarantee (Art. 183-J)

Companies must provide a permanent guarantee to the Department of Labor. The amount... Continue reading "Understanding Transient Services Companies: Regulations and Compliance" »

Employee Rights and Employer Powers in Spain: Key Labor Laws

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Protection of Personal Data

The second case is the protection of Personal Data. Workers are entitled to have their Personal Data handled by the employer used only for the purpose for which it was given. It cannot be assigned to someone else and must be guarded securely.

Duties of Workers

Diligence and Good Faith

Workers are required to exercise diligence and adhere to the rules of good faith. Regarding care, the provision of services must apply all their knowledge that can be externalized in performance. Gross or qualified negligence could result in a breach that may lead to dismissal. If a worker does not reach the agreed-upon or usual performance level, it may be attributed to the employer if the employer does not provide the appropriate instruments.... Continue reading "Employee Rights and Employer Powers in Spain: Key Labor Laws" »

Comptroller's Office: Early Civil Service Regulations

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Early Civil Service Regulations in Mexico's Comptroller's Office

Grounds for Disciplinary Action (1920s)

The following were grounds for disciplinary action within the Comptroller's Office in the 1920s:

  • Residing outside the locality where the office providing the service is located, without due permission.
  • Refusing to provide services where requested, in accordance with firm instructions and despite protest.
  • Other serious cases that violate relevant regulations.
  • Notorious lack of discipline and morality, including instances that lead to criminal charges.

At the time, consideration was given to incorporating this agreement into the Law and Regulations of the Comptroller, which eventually occurred.

Regulation of Examinations (1925-1927)

On June 25, 1925,... Continue reading "Comptroller's Office: Early Civil Service Regulations" »

Spain's Disability Integration Law (LISMI) Post-1978 Constitution

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Measures: Legislative and Administrative Structure After the 1978 Constitution

Political transitions play a crucial role in shaping care arrangements for individuals with disabilities. Article 49 of the European Commission (EC) mandates government intervention on behalf of disabled individuals, ensuring specialized attention and protection of their rights. This reflects both prior practices and the spirit of current international standards.

Given the numerous provisions, multiple administrative bodies, and the constitutional mandate, systematizing conduct within the disability field became essential. This led to the Law on Social Integration of Individuals with Disabilities of April 7, 1982 (LISMI), along with subsequent developmental measures.... Continue reading "Spain's Disability Integration Law (LISMI) Post-1978 Constitution" »

Understanding Business Structures and Commercial Contracts

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Social Irregulars

If a company has effective traffic, it concludes that it is relevant and cannot be ignored. If a company is a collective society, that discipline (mercantile society) is governed by the most rigorous, and defends third parties. If the right of the form adopted is simple, applicable standards are of this type. If it is a public limited company, limited by shares, or limited, the rules of civil society are applied, as it is, to its obligations and activity. The irregular company is valid. Joint and several liability. Article 120 of the Commercial Code establishes the managers against third parties.

De Facto Companies

The name of the company, despite being affected by a defect of nullity, or cancellation, has come to intervene in... Continue reading "Understanding Business Structures and Commercial Contracts" »

Temporary Agency Workers' Rights and Regulations in the EU

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Rights and Regulations for Temporary Agency Workers in the EU

Essential Working Conditions

3. Temporary Employment Agencies (ETTs) are prohibited from requiring workers to pay fees in exchange for managing their employment, working contracts, or entering into business relationships with the client company upon completion of a mission.

4. Temporary agency workers employed by ETTs are entitled to access facilities and services common to the undertaking, including catering services, childcare, and transportation, under the same conditions as workers employed directly by the user enterprise. Different treatment is only justified for objective reasons.

5. Member States must take effective measures and promote dialogue between social partners to:

  • Improve
... Continue reading "Temporary Agency Workers' Rights and Regulations in the EU" »

The Chilean Civil Code: History, Influence, and Structure

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A Civil Tell Có

is a singleton, orderly and systematic rules of private law, i.e., a legal body which aims to regulate the civil relations of people. From the nineteenth century, all countries in Europe and Latin America and several from Africa, Asia, and Oceania have enacted civil codes.

The Civil Say Có

Once consummated independence still applies in the American nations detached from Spain, the old colonial and complicated legal system.

The young republics were soon equipped with brand new Constitutions and laws needed to consolidate the new order of things, but the old civil law remained in force because there had been no time nor peace to replace it.

But in Chile it was time and the need for a Civil Code itself and it was important to find... Continue reading "The Chilean Civil Code: History, Influence, and Structure" »

Understanding the United Nations Structure and Functions

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The United Nations Structure and Its Key Functions

The United Nations (UN) is structured into several key organs, each with specific functions and responsibilities. Here's an overview:

1. General Assembly (GA)

The General Assembly is the main deliberative body of the UN. It comprises representatives from all Member States, each with one vote. Its functions include discussing any matter within the scope of the Charter. While it primarily issues recommendations that are not mandatory, decisions on important matters require a 2/3 majority vote, while other issues require a simple majority.

2. Security Council

The Security Council consists of 15 members, including 5 permanent members (China, Russia, USA, UK, and France) and 10 members elected by the... Continue reading "Understanding the United Nations Structure and Functions" »