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

Business Transmission: What Employers Need to Know

Business transmission occurs when a company changes ownership, such as through a sale, succession, or subrogation. If the owner dies, their heirs are responsible. Otherwise, the business is typically transmitted through a purchase. This process has important implications for workers:

Individual Employment Contracts

• Transmission of a business does not, by itself, terminate employment contracts.
• The business is transferred from the transferor employer to the transferee.
• The assignee assumes the rights and obligations of the assignor.
• A system of joint liability is established in case of breaches by either employer, covering:
• Labor obligations arising after the transfer (settled for 2 years).
• Job duties

Negotiating Tables for Public Administration Staff

For the negotiation of the terms of public administration work, a general table of negotiations is formed within the field of state administration, as well as in each of the Autonomous Communities and local bodies responsible for determining the working conditions of staff in relevant areas. These will later form the sectoral collective bargaining tables and determine working conditions in the following six sectors:

• Teaching staff in university schools.
• Non-personal services in Public Administration.
• Staff for public health administration.
• Public Administration staff.
• Service staff for universities.
• Central Public Administration and managing bodies of the Social Security.

Powers and Meeting Frequency

- National sovereignty resides in the Spanish town. (The laws are determined through representatives in Parliament).
- The Constitution is based on the indissoluble unity of the Spanish nation. (The territory cannot be separated) (Indissoluble: you cannot separate).
- The way politics is the parliamentary monarchy. (The form of government in which the king serves as the Head of State under the control of the legislature (Parliament) and judiciary (government), that is, the King reigns but does not govern).
- Castilian is the official state language. The other Spanish languages are also official in their respective autonomous communities.
- The state capital is the city of Madrid.
- Citizens and public authorities are subject to the Constitution

Royal Decree 1201/1981: Correctional Regulations

Summary of Offenses and Disciplinary Actions

Article 108: Very Serious Offenses

• Participating in riots, collective disturbances, or inciting them if they have occurred.
• Assaulting, threatening, or coercing any person within the establishment, or authorities, judicial, or penal institution personnel. This includes actions both inside and outside the establishment if the inmate was out for a legitimate reason, and applies to those acting in their official capacity or in connection with it.
• Grave assault or coercion of other inmates.
• Active and serious resistance to compliance with orders from authority or officers in the lawful exercise of their powers.
• Attempting, facilitating, or committing evasion

Key Elements for Starting a Business

The key elements to creating a business are: an enterprising idea and a well-defined business plan.

Tip: Satisfy a need by addressing specific customer requirements. Differentiate your business through price, practicality, ease of use, technical advantages, psychological appeal, or social impact.

Types of Business Structures

Sole Proprietorship

A sole proprietorship is a business owned and run by one person where there is no legal distinction between the owner and the business. The individual, with legal capacity, acts on their own behalf or through representatives, engaging in commercial, industrial, or professional activities regularly. They are responsible for fulfilling all obligations with their assets,... Continue reading "Business Structures: Key Elements and Legal Forms" »

Understanding Mortgages: Security and Rights

A mortgage is a real right of security established on a property, which remains in the debtor's possession, to guarantee a cash credit. It functions as a security interest. Mortgages apply specifically to property.

Key Characteristics of a Mortgage

• Accessory: It is an accessory right because if the principal obligation it guarantees is extinguished, the mortgage is also extinguished.
• Indivisible: Each part of the mortgaged property, and every part thereof, is liable for the payment of the entire debt and each share of it.
• Conventional: It arises from an agreement between parties.
• Formal: It must be executed by a public deed and registered at the land registry.

Effects of a Mortgage

The owner continues in... Continue reading "Key Real Estate Security Interests & Property Rights" »

Understanding Essential Business Documents

Order: A document detailing the items a customer demands and the conditions of purchase. Through this order, it is communicated to the selling company that a good or service will be acquired.

Waybill: A document that details and justifies the delivery of goods made to the customer.

Invoice: A document that legally proves services rendered or the sale of goods.

Types of Payments & Checks

Cash Payment: A payment that takes place at the same time as the delivery of goods or services.

Term Payment: A payment that is made at a later, agreed-upon time.

Understanding Checks

Check: A document instructing a financial institution to pay a certain sum of money to the person designated as the payee or the bearer.

• Bearer

What is Adoption?

Adoption is a protective measure of excellence, which applies to benefit the family of origin when they have exhausted all possibilities for a child to return to or remain under the care of their biological parents or family.

The objective of this measure is to provide a child or adolescent who has been legally declared "capable of being adopted" (whether by assignment, inability, or neglect of parental care), a stable family that will allow proper growth and development in an environment of protection and affection. This is expected to repair, if possible, the impact they have had on their experiences related to abandonment.

Adoption reinstates the child to their right to a permanent family by offering quality childcare for... Continue reading "Understanding Adoption in Chile: Process and Requirements" »

Employment Contract Essentials

An employment contract reflects the agreement between a company and a worker. Key characteristics include:

• Worker: Minimum working age is 16.
• Employer: Can be a physical or juridical person responsible for directing work.
• The company benefits from the worker's labor in exchange for wages.
• Contracts can be indefinite or for a fixed term.
• Trial periods generally last 6 months for technical roles and 2 months for others.

Salary

Salary is the compensation provided to the worker for their services.

Shareholder Rights

Shareholders have rights including:

• Participation in social benefits distribution.
• Preemptive subscription rights for new shares.
• Attendance and voting at meetings.
• Right to challenge unlawful agreements.

Shares

Shares... Continue reading "Employment Contracts and Business Organization Essentials" »

Spanish Constitution of 1978

Preliminary Title

The Preliminary Title of the Spanish political order defines and establishes the principles underpinning the state.

Title I: Fundamental Rights and Duties

Title I protects the individual against others and against public authorities to ensure their implementation as humans.

Title II: The Crown

Title II sets out how the state policy is a Spanish parliamentary monarchy.

Title III: General Courts

Title III establishes a bicameral parliament that is in charge of exercising the legislative power of the state.

Title IV: Government and Administration

The Government directs domestic and foreign policy, the civil and military administration, and the defense of the state. With objectivity, the Public Administration... Continue reading "Spanish Constitution 1978: Titles, Central & Territorial Administration" »