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

Sole Trader

Sole Trader:

• Partners: 1 person
• Minimum Capital: None
• Liability: Unlimited
• Tax: Personal Income Tax (PIT)
• Submitted to the Commercial Code in commercial matters and the Civil Code concerning rights and obligations. The legal personality of the company is the same as that of its owner.

Community of Property

Community of Property:

• Partners: Minimum 2 partners
• Minimum Capital: None
• Liability: Unlimited
• Tax: PIT
• A thing or right belongs to a few people or co-owners.

Civil Society

Civil Society:

• Partners: Minimum 2 partners
• Minimum Capital: None
• Liability: Unlimited
• Tax: PIT

Partnership

Partnership:

• Partners: Minimum 2 partners
• Minimum Capital: None
• Liability: Unlimited
• Tax: Corporate Income Tax (IS)
• Traditional corporation. The general or capitalist partners

True or False Statements

• Arthur Kaufmann stated that the ontological structure of law required the essence and legal existence, in other words, natural law and positive law. True

• Pachioni and Wing, regarding relative equity, and Rotondi deny the possibility of identifying the general principles of fairness. True

• Statement: The effectiveness of the precepts of the law does not depend on legislation, implementing acts, and acts of obedience. (False)

  Clarification: The effectiveness of precepts depends not only on law and implementing regulations but principally on acts of obedience. (See page 417)

• Subjectivity is one of the key positions regarding the axiological problem. True

Multiple Choice Questions

1. Who called social order 'the right'?
   a) [Name]
   

General Act of the National Treasury

Regulatory Principles

Article I. - Cash Unit

Centralized management of public funds at each institution or agency, regardless of the funding source and its purpose, respecting the titling and registration exercise appropriate to the entity responsible for their perception.

Article II. - Cheapness

Management and disposal of public funds enabling optimal implementation and permanent monitoring, minimizing costs.

Article III. - Truth

Centralized authorizations and processing operations, assuming that the information recorded by the entity is documented and sustained by lawfully authorized and conducted administrative acts.

Article IV. - Opportunity

Perception and accreditation of public funds within the prescribed period,... Continue reading "National Treasury Act: Regulatory Principles and System Composition" »

Adoption of Legal Personality

• Certification of a Negative Social Denomination

  Applying for a name that meets the requirements prohibiting established commercial names. The regulation prevents the coincidence of the name of two or more companies. Applications must be made to the Central Business Register for companies, and to the Cooperative Society Registration for cooperatives. It contains personal data of the applicant. If six months pass without registration, it is canceled.

• Opening a Bank Account

  For some companies, a minimum capital is required, which can be deposited into a current account, where appropriate. The financial institution will issue a certificate of deposit that will be delivered later to the notary.

• Articles of Association

  This

Core Quality Management Concepts

Quality: Meeting customer requirements and expectations. A product or service possesses quality when it fulfills the requirements anticipated by its potential users.

Quality Management System (QMS): Involves developing a quality policy, an organized structure, and operating procedures to ensure products and services meet necessary requirements.

Standard: A public document created to regulate a specific activity, requiring approval from a legally recognized body. Compliance is generally not mandatory unless specified by official regulations.

Certification: A process where a third party provides written assurance that a product, process, or service conforms to specified requirements.

AENOR: The Spanish Association... Continue reading "Understanding Quality Management: Standards, Certification & TQM" »

European Union: A Historical Timeline

May 9, 1950: The Schuman Declaration, establishing the European Coal and Steel Community (ECSC), was born. The founding members are Germany, France, Italy, Belgium, the Netherlands, and Luxembourg. EU promoters.

March 25, 1957: These six countries signed the Treaty of Rome, establishing the European Economic Community (EEC).

1968: Customs duties were abolished.

1960s: The Common Agricultural Policy and commercial policies are implemented.

1973: Ireland, the United Kingdom, and Denmark joined, along with ongoing social and environmental policies.

1979: First European Parliament elections.

1981: Greece joined.

1986: Spain and Portugal joined.

1985/1993: The White Paper was released, creating a calendar for the European... Continue reading "History and Institutions of the European Union" »

Political Reforms and Counter-Reforms

The subsequent government (often referred to as the Right-wing coalition) sought to halt many of the reforms initiated by the Left broadly:

• Agrarian Reform: Land was not returned, but expropriations were stopped.
• Educational Reform: Focused heavily on religious matters. While religious centers were not closed, maintenance of public centers was prioritized. There was a form of subsidy provided to religious employment centers.
• Labor Reform: The right to strike was curtailed (requiring permits). A decline in strikes was observed, coinciding with a slight economic recovery.
• Army Reform: The reform had placed military personnel in key positions, but confidence was lacking. The figure of Franco was recovered as a

Key Aspects of Labor Law

ETT 1: Temporary employment agencies hire unemployed farm workers, establish contracts, and collect the SMI (Minimum Interprofessional Wage).

2nd Labor Relations:

• Staff: Must be managed by the hired individual. Delegation of this relationship is permitted.
• Voluntary: The relationship is not compulsory or forced.
• Employed: The product of labor belongs to the employer, not the worker.
• Dependent: The employee is subject to the employer's discipline and direction.
• Compensation: The worker receives a salary in exchange for their work.

3rd The Trial Period: The employer assesses the worker's professional attitude, and the worker evaluates working conditions. It must be in writing. Duration: 6 months for qualified workers, 2 months... Continue reading "Key Aspects of Labor Law: Contracts, Agreements & Regulations" »

Requirements for Chilean Citizenship (Art. 13, CPE 1980)

• Be 18 years of age.
• Not have been sentenced to corporal punishment.

Citizenship Rights Granted (Art. 13, CPE 1980)

The status of citizen grants voting rights, eligibility for elective office, and other rights conferred by the Constitution or the law.

Characteristics of Suffrage (Art. 15, CPE 1980)

• Suffrage is universal.
• Suffrage is equal.
• The vote is secret.
• Voting is compulsory (Reformed).

Additional principles:

• Suffrage is direct.
• The vote must be informed.

Disqualification from Suffrage (Art. 16, CPE 1980)

The right to vote is suspended:

1. On interdiction if found with dementia.
2. For the person accused of a crime that deserves corporal punishment or a crime that the law qualifies as terrorist behavior.

Understanding Nationalization and Citizenship Acquisition

Nationalization is the process of acquiring a new nationality, often replacing one's original citizenship. This fundamental concept governs how individuals become citizens of a country other than their birth nation.

Nationalization Processes in Chile

In Chile, citizenship by letter of nationalization is granted by the President of the Republic through a Supreme Decree, as outlined in Article 35 of the Ministry of Interior. While requests must meet specific requirements, the President retains the power to reject an application even without stated grounds. Such a resolution is not subject to appeal, nor does it have the effect of res judicata, meaning a new request may be submitted later.... Continue reading "Acquiring Citizenship: Nationalization Processes and Chilean Law" »