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

Tacit Clauses in Employment Contracts

When parties contract repeatedly over time, establishing and complying with obligations not explicitly reflected in the written agreement, or when situations arise that were not originally contemplated, we encounter what is known as a tacit clause. The repetition of actions demonstrates the parties' mutual intention and establishes the content of their relationship regarding matters not expressly agreed upon. Thus, through tacit agreement, the employment contract is supplemented in aspects not originally specified.

Essential Employment Contract Clauses

An employment contract should typically include the following clauses:

1. Date and Place of Contract

   The place is important as it usually indicates where services

Administrative Appeal

Replacement may be appealed in the following resolutions:

• Measures of management and inconclusive decrees issued by the Clerk, except in cases where the law provides for direct appeal review.
• Autos orders and non-definitive replacements may be brought before the same court that issued the original decision.

This is a non-returnable resource: the same body (or Court Clerk) that issued the contested decision will review it.

Features:

• The filing of an administrative appeal does not prevent the agreement in the contested decision from taking effect. If the action is estimated, it will quash the decision and be made ​​according to it.
• The application for reconsideration is resolved by Order of the Court or by decree of the clerk.

Unconstitutionality Challenges

When a court considers that a regulation having the force of law may be contrary to the Constitution, the issue of unconstitutionality is raised before the Constitutional Court.

Characters

1. Any type of process, any field.
2. Decidendi must be standard, whose validity depends on the fault.
3. The question arises whenever the judge acts on their own initiative or at the encouragement of the parties.
4. This produces cessation of the main process.
5. There is no suspension of the law (except when the government challenges a standard issued by the Autonomous Community before the Constitutional Court).
6. Fuzzy control nuances: through the issue, the judge can reach the declaration of unconstitutionality.

Procedure

1. Admissible admission.
2. Transfer

Roman Law

Roman Law represents the legal system developed by the Roman people throughout their history. It comprises institutions created by the Roman people to address the situations encountered in the daily lives of citizens within their territory. This legal system is deeply connected to the core aspects of Roman life.

During imperial times, the Ius Civile Romanus was formed by new laws emerging from the emperors through their constitutions. It was in the sixth century AD when Emperor Justinian I collected the works of previous jurists (jurisconsults) in the Corpus Iuris Civilis. This led to Roman law being identified with the laws contained in the works commissioned by Justinian (Digestum, Codex, Novellae, Institutiones). It's important to... Continue reading "Foundations and Principles of Roman Law" »

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,

Basic Rules
The basic rules to follow in terms of Social Security (SS) are as follows:

1. General Law SS: RD 1 / 1994 of June 20th.
2. Law of PGE: Drafted annually.
3. Rules of Contributions to the SS: Drafted annually.
4. Fiscal, Administrative, and Social Order: Annual production.
5. General Regulations for Charging the SS System.
6. RD 1637/1995: 6 October.
7. General Rules of Trading, Settlement, and Other Rights of the SS: RD 2064/1995.
8. General Regulations on Disposal of Businesses, Affiliation, High, Low, and Variation Data of Workers in the SS.
9. RD 84/1996: 26 January (Family Conciliation Act: Act No. 39/1999. Act for Effective Equality Between Men and Women: Law 3 / 2007).
10. Measures to Improve Family Protection: DR. 1 / 2000 of 14 January.
11. Rules of the CCAA.
12. Conventions

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" »

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" »

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

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" »