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

Contractual Consent

• Consent: Consistency or agreement between declarations of intentions of the parties listed in the contract. At least two statements are required:

Essential Elements of Consent

• Statement of intent to offer: A person proposes an undertaking or a contract to another.
• Statement of willingness to accept: A reply to the statement of intent, accepting the contract offer.

Contractual knowledge must be produced regarding the object and the cause of the obligation.

Fundamental Principles

• Freedom of Content: Parties can set the terms they want, provided it is not against the law, morality, or public order. (Article 1255 of the Civil Code: The contracting parties may establish the covenants, terms, and conditions as they see fit, provided

Unit Representatives

Unit representatives represent all workers, union delegates, and representatives within the same sections.

Collective Agreement

Collective agreements, provided by Articles 82 to 92, are agreements between worker representatives and employers. They define working conditions, salaries, and other terms, even for non-mandatory attributes (where negotiation is allowed).

Who Negotiates?

• Business/Entrepreneur Level: Unit representatives.
• Specific Worker Categories (e.g., Iberia pilots): Union sections negotiate for the entire group, not just members.
• Business Sector (Industry Unions/Associations): The most representative unions/associations.

Agreement Application

The agreement applies to all workers and covers working conditions, salaries,... Continue reading "Worker Representation and Collective Bargaining Essentials" »

Marital Status: A Comprehensive Legal Definition

Definition

Marital status refers to the legal standing of an individual in relation to marriage and family. It defines the rights and obligations a person has within these contexts.

Different Civil Statuses

• Single
• Married
• Divorced
• Widowed
• Concubine
• Natural Son
• Legitimate Son
• Recognized or Unrecognized Son

How to Modify Marital Status

Marital status can be modified through the following:

• Voluntary Acts: These are actions taken by individuals that produce intended legal effects. Examples include marriage, voluntary recognition of natural children, and repudiation of recognition.
• Legal Facts: These are events independent of an individual's will that have legal consequences. Examples include birth and death.

Labor Conflict Resolution: Negotiation and Litigation

650. Juridical Conflict: Negotiation and litigation.

651. Conflict of interest.

652. Bargaining and union struggle.

653. Legal representation, trade unions, and the most representative business associations.

Addressing the Labor Authority

654. Writing.

655. To the labor authority.

656. 3 days.

657. To respond.

Mediation and Arbitration in Labor Conflicts

658. Intervention of a person or institution that proposes solutions for the parties to resolve the conflict.

659. Intervention of a person or institution that tries to get the parties to resolve the conflict themselves.

660. Intervention of a person or institution that requires the parties to settle the conflict.

661. Not in both cases; the person or... Continue reading "Labor Conflicts, Strikes, and Lockouts in Spain" »

Evolution of EU Treaties

Each relevant or incorporating a new member joins the club that introduced changes in international treaties:

• Single European Act of 1986
• • EU Treaty of Maastricht, 1992
  • 1997 European Treaty
  • Treaty of Nice, 2001

A text called the Treaty establishing a Constitution for Europe, a constitutional treaty, was presented in Rome in 2004. The treaty was very important because it was submitted to a referendum of what was then the EU (18 states). The referendum had limited participation because the text was very complex.

In other states, it was also submitted to a referendum. It was going well until the French and Dutch votes resulted in negative outcomes. The text could not enter into force as it needed an affirmative vote from all members... Continue reading "Evolution of EU Treaties and Legislation" »

Conventional Terminations

The Conditions Precedent

Article 49.1.b) of the Spanish Workers' Statute (ET) states that an employment contract may be terminated for reasons mentioned in the contract itself. These are known as conditions subsequent. Jurisprudence considers this type of clause lawful unless there is abuse.

The Mutual Agreement

This is a typical conventional termination, contemplated in Art. 49.1.a) ET. The employer and employee agree to extinguish the contract. This does not, in principle, preclude problems arising from the execution of that agreement, such as the balance of payments and joint settlement.

Conclusion of Time and the Work or Service

This refers to the termination of temporary contracts. In general, Art. 49.1.c) ET states... Continue reading "Conventional & Legal Termination of Employment Contracts in Spain" »

Understanding Legal Standards

Standards, advertising standards, the non-retroactivity of punitive provisions unfavorable or restrictive of individual rights, legal certainty, accountability, and prohibition of arbitrary action by public authorities.

The EC prohibits retroactivity of punitive provisions unfavorable or restrictive of rights, so that you cannot post a rule harmful to citizens in situations that have already happened.

Article 2 CP: "1. There is no crime punished with a penalty or lack who is not prescribed by law prior to its commission. Will lack, also backdated laws to establish security measures. 2. However, those laws shall have retroactive effect to favor the criminal defendant, but upon entry into force have been decided and... Continue reading "Understanding Legal Standards: Retroactivity, Repeal, and Sources of Law" »

Accrual

Article 21 of the General Tax Law (LGT) defines accrual as the moment which determines the event performed that produces the birth of the principal tax liability. To narrow down the moment in time that this occurs, we must differentiate between tax accrual of taxable periodic taxes and instant taxes. In the first case, the legislature must enter narrow time periods. Fiction serves to establish that the moment the taxable event occurs, usually periods of months or years. The rule in instant charges will be that in force when the taxable event occurs. In contrast to periodic taxes, and unless otherwise provided herein, the applicable standard for reasons of legal certainty will be in force at the time of commencement of the tax period.... Continue reading "Tax Liability: Accrual, Prepayments, and Inspection Procedures" »

International Labour Organization (ILO): History and Mission

• The ILO is the international organization responsible for drawing up and overseeing international labor standards.
• It is the only tripartite United Nations specialized agency that brings together representatives of governments, employers, and workers to jointly shape policies and programs promoting decent work for all.

Key Milestones in ILO History

• 1919 – ILO was created as part of the Treaty of Versailles that ended World War I, to reflect the belief that universal and lasting peace can be accomplished only if it is based on social justice. The ILO was formed in order to press for social reform in employment practices.
• The ILO has made significant contributions to the world of work

Civil Law Basics

Key Concepts and Definitions

Individuals and Entities

Population

Any person or entity who acquires or uses a product or service as an end user.

Supplier

Any person or entity, public or private, domestic or foreign, involved in the production, assembly, creation, construction, processing, import, export, distribution, or marketing of products or services.

Advertising and Marketing

Misleading Propaganda

Any advertising that is wholly or partly false or capable of misleading consumers about the nature, characteristics, quality, quantity, properties, origin, price, or any other details of the products.

Tampering

Discriminatory advertising of any kind that incites violence, exploits fear or superstition, profits from the inexperience of children,... Continue reading "Civil Law Basics: Concepts and Definitions" »