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

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 Universal Suffrage

Universal suffrage refers to the exercise of the right to vote. Historically, voting methods have varied:

• Census Suffrage: A formula that restricts voting rights only to citizens who meet specific income and asset requirements and contribute taxes.
• Universal Suffrage: Grants the right to vote to all citizens, subject only to age and nationality requirements.

This method of voting, strongly advocated by democratic liberalism, was first exercised in Spain during the Constituent Assembly elections in 1869, though it was initially limited to men over 25 years of age.

Defining the Constitution

A Constitution is the fundamental law governing the organization of a state. It establishes the rights and obligations of citizens,... Continue reading "Key Political Concepts in 19th Century Spain" »

Efficiency of Space Standards

Application of standards in space involves legislative diversity across states. This requires a range of principles and rules to determine jurisdiction when foreign law applies as national law. This is the subject of private international law.

The civil code sets out the principles for this branch of law, also called conflict rules. These rules solve problems where foreign law must be applied alongside national law.

The rules are based on two principles:

• Territorial Principle: Always applies the national law of the territory, even with foreign elements.
• Personal Principle: Applies the personal law of the subject, even if the event occurred in Spain and the subject is foreign.

Based on the personal principle, Spaniards... Continue reading "Private International Law: Conflict of Laws and Analogy in Legal Systems" »

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" »

Understanding Key Labor Law Concepts

Concept of Labor Law

Labor Law is a body of law that governs the relationship between employers, employees, and labor organizations. It is a set of principles and institutions that regulate labor relations. The primary subject matter of labor law is human labor.

What is the CLT?

The CLT (Consolidation of Labor Laws) is a foundational legal framework in Brazil, comprising a compilation of existing labor legislation at the time of its creation.

Distinguishing Work Relationships and Employment Relationships

The employment relationship is a specific type of work relationship, characterized by certain key elements. While a work relationship is a broader concept (the genus), the employment relationship is a specific... Continue reading "Essential Labor Law Concepts for Employers and Employees" »

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" »

Customs: It is an agency of a national service provider whose activities are intended to achieve control over national territory regarding foreign goods, national or nationalism, made according to legal regulations.

Importance of Customs

Customs serves a dual purpose:

1. Commensurate resources to the Treasury (finance ministry).
2. Monitor and protect the existing relationship with the laws applying to foreign trade.

Customs Administration

This action aims to facilitate and control entry and exit in the national territory of goods, to international traffic and transportation, and to implement the legal regime to which any merchandise is subjected, as well as professional supervision of real estate interests and fiscal control.

Authorities

The organization... Continue reading "Understanding Customs: Roles, Functions, and Importance" »

Legal Discourse and Participation

What does each participant in a speech accepting the other as valid or partner? They want maximum benefit.

Legalism's Core Formulas

What are the four short formulas of legalism?

• Norm rather than value
• Subsumption instead of weighting
• Independence of the ordinary law rather than the ubiquity of the constitution
• Democratic legislature's autonomy within the framework of the constitution rather than judicial omnipotence

Contrasting Legalism

What would be four short contrarium sensu formulas to legalism?

• Value instead of standard
• Weighting instead of subsumption
• Omnipresence of the constitution instead of the independence of ordinary law
• Judicial omnipotence supported by the constitution rather than the autonomy of the democratic

Sole Proprietorship: Key Characteristics

An individual operates in their own name and through a commercial, industrial, or professional enterprise. Key characteristics include:

• The owner must be of legal age.
• Involves total control of the business by the owner.
• The entrepreneur's liability is unlimited.
• No minimum capital is required.
• The owner is the trade name holder.

Private Civil Partnerships

Two or more individuals agree to contribute money, goods, or industry, with the aim of sharing profits. These companies are often based on private agreements between members, where the actions of individual members are not strictly limited by capital contributions. The company name can be any chosen name.

Public Civil Partnerships

Similar to private civil partnerships,

What is a Bill of Exchange?

A bill of exchange is a commercial document wherein one person, the drawer, instructs another person, the drawee, to pay a specific sum of money on a particular date or at a concrete maturity. The bill of exchange can be drawn by the drawer for their own benefit or for a third party, known as the payee or beneficiary, to whom the drawer transfers or endorses the bill.

Types of Bills by Maturity Date

A bill of exchange can be classified based on its payment terms:

• Payable on Sight (At Sight): Payment is due upon presentation of the bill.
• Payable at a Fixed Date: The specific due date for payment is recorded on the bill.
• Payable at a Term from Date: Maturity occurs after a specified period from the date indicated on the