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

State Federal vs. Confederation

State Federal: A union of political entities that cannot be separated.

Confederation: The union of states that, according to the original text, cannot be separated.

Powers of Government

• Legislative Power: Makes laws.
• Executive Power: Ensures compliance with laws.
• Judicial Power: Judges if laws have been complied with.

The Spanish Constitution

The Spanish Constitution consists of:

• Preamble: An example of clarity and concision.
• Dogmatic Part: This is a declaration of principles, establishing duties and rights.
• Organic Part: This designs the structure of the state.

Types of Constitutional Documents

• Charter Granted: A document where a sovereign grants a series of rights to their people.
• Constitutional Revision: Involves making

Article 58: Property Transfer Registration

To register the transfer contract inter vivos, gift, or an estate that has not previously been registered, the Keeper will require evidence of having given notice of such transfer to the public through three advertisements in a newspaper. This notice must be placed in the department or the capital of the province (if there isn't a newspaper in that department). A sign must also be set for at least fifteen days in the office of the Conservative, with the designations of persons transferring the property, and the boundaries and name of the property, which is the subject of the contract.

The Conservative will certify compliance with the requirements indicated in the preceding paragraph at the foot of the... Continue reading "Real Estate Transfer and Registration Essentials" »

Tax Obligations and Responsibilities

Types of Obligations

a) Material Obligations: These are the primary obligations, such as making payments against the principal tax liability, including installment payments.

b) Procedural Obligations: These obligations require taxpayers to follow tax procedures, regardless of whether they are ultimately liable for a tax. For example, providing a CIF (Tax Identification Code).

Taxable Event Classes

a) Objective Elements: These are the factual situations that trigger a tax, such as the acquisition of assets.

b) Subjective Element: This is the connection between the objective element and the person who is required to pay the tax, such as owning a property.

c) Territorial Elements: This specifies where the taxable... Continue reading "Tax Obligations, Events, and Liability: A Detailed Analysis" »

Standing to Negotiate

• Enterprise Level or Lower Collective Agreements:
  • The works council or staff representatives
  • Union representatives seeking to represent the majority in the committee
  • Employers or their representatives
• Sectoral Collective Agreements:
  • The most representative trade unions at the state or autonomous community level
  • Trade unions with a minimum of 10% of members on the committee
  • Associations that have at least 10% of employers in the field of the agreement and represent at least 10% of workers in this field

Initiation of Negotiations

The party initiating negotiations must advise the other party in writing, stating the legitimacy of the initiator, the areas of agreement, and the parties involved in the negotiation. A copy must also be sent... Continue reading "Collective Bargaining: Negotiation and Validity Essentials" »

Classification of Companies and Their Legal Forms

Sole Trader (Empresario Individual)

• Name: Uses the name of the holder.
• Registration: Recommended to register with the Mercantile Register.
• Nature: A natural person routinely exercising a business activity on their own account.
• Liability: Personal and unlimited; the individual answers for business debts with all their assets.

Public Limited Company (Sociedad Anónima - S.A.)

• Name: Must be distinct from other companies to avoid confusion.
• Formation: Requires a public deed, publication, and registration in the Mercantile Register.
• Capital: Divided into shares belonging to the shareholders.
• Liability: Limited to the capital contributed by shareholders.
• Capital Contributions: Can be made in cash or assets.
• Minimum

Reduced Citizen Participation and Increased Mayoral Power

Citizen participation was reduced to only the property owner being able to take part. More than 30,000 people were appointed by the mayor of the town and the province, and local government budgets were approved.

Measures to Reduce Freedom of the Press

These are the measures taken to reduce the freedom of the press:

• Prior censorship for written materials was established in the year 2000.
• The Church was granted the power of censoring books.
• The 1879 law established the reinstatement of the printing system to attack the political and social system or to question it.

Caciquismo and Electoral Corruption

Caciquismo refers to electoral corruption. This alternative formula provided the parties with... Continue reading "Caciquismo in Spain: 19th and 20th Century Electoral Corruption" »

Administrative vs. Legal Acts: Key Differences

Can a legal act not be an administrative act? Yes, there are other acts that produce legal effects that flow from the power of government, such as commitments made between two or more individuals.

Elements of an Administrative Act

1. Unilateral expression of will
2. Issued by an administrative body
3. Enacted in the exercise of its administrative function
4. Intended to produce legal effects

What Makes an Act Solemn?

For an administrative act to be valid, it must have been expressed and processed in the manner prescribed by law.

Principles Governing the Issuance of an Administrative Act

• Attribution rules and competition
• Procedure
• Reasons
• Purpose (Fin)
• Interdiction of arbitrariness
• Respect for the essential rights emanating

Declaration on the Right to Development

Adopted by General Assembly Resolution 41/128 of 4 December 1986

The General Assembly,

Reaffirming the purposes and principles of the Charter of the United Nations regarding the conduct of international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion,

Recognizing that development is a comprehensive economic, social, cultural, and political process, which strives for constant improvement of the welfare of all the population and all individuals on the basis of their active, free, and meaningful participation... Continue reading "UN Declaration on the Right to Development 1986" »

Scope of Social Security

The Social Security (SS) system ensures adequate protection for working people and their families. In Spain, there are two levels:

• Contributory

  Covers employed workers and their resident family members.

• Non-Contributory

  Includes all Spanish residents not covered by the contributory system, providing healthcare, disability, retirement, and child allowances.

Social Security Schemes

• General Regime

  Applies to most workers.

• Special Regimes

  Covers specific activities, including domestic workers and students.

Organizational Structure

The SS is managed through various entities:

A. Managing Bodies

• National Institute of Social Security (INSS)

  Manages cash benefits.

• Institute for Public Health (INGESA)

  Manages health services.

• National Institute

Causes of Incapacity

Incapacity can be caused by:

• A common illness or non-occupational accident
• An accident at work
• Occupational diseases
• Observation periods of occupational disease

Requirements for Payment of Cash Benefit for Temporary Disability

To be eligible for temporary disability benefits, you must:

• Be a member of social security
• In the event of common illness, have paid contributions for more than 180 days within the 5 years preceding the medical event
• In the case of a work-related accident or occupational disease, no minimum contribution period is required

Duration of Temporary Disability

The duration of temporary disability is typically 12 months. If you are discharged and later require leave within 6 months of the initial discharge, or within... Continue reading "Temporary Disability and Unemployment Benefits in Spain" »