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

Disciplinary File for Severe and Very Severe Penalties (Articles 68 and 55.1 ET)

Preliminary Procedure for Sanctions

Before imposing severe or very severe sanctions on a workers' representative or a candidate during the electoral process, the company must process an adversarial or disciplinary file. This also applies to disciplinary action against a former representative up to one year after the termination of their mandate.

The processing of this file interrupts the limitation period for professional misconduct (Article 60 ET).

Contents of the Disciplinary File

The disciplinary file must include:

• Informing the employee of the alleged facts and infractions against them.
• Granting a hearing to the person concerned and other workers' representatives,

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" »

Types of Payment

• Advance Payment: The provider requires payment prior to collection or delivery of services.
• Cash Payment: The customer pays at the time of delivery or service provision.
• Postponed Payment / Credit: The provider allows postponing bill payment for a period.

Payment Delays and Associated Documents

If there is a delay in payment, the buyer will be required to pay legal interest on the outstanding amount. Both cash and other forms of payment for various goods or services involve a series of documents:

A) The Check

Definition and Requirements

A check is a document regulated by law. The requirements are:

• Name of the document (e.g., "Check")
• Mandate to pay a specific sum
• Name of the drawee (the bank that has to pay)
• Place of payment, date, and

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

Specific Content of Marriage Records (Art. 89)

The marriage record, or minutes, must contain the following specific information:

1. The full name, identification (ID), age, profession, place of birth, and address of each of the parties.
2. The full names, professions, and domiciles of the father and the mother of each of the parties.
3. The declaration made by the husband and wife, confirming their intent to marry.
4. The statement made by the contracting parties regarding the recognition of children, if applicable.
5. The full name, identification (ID), age, profession, and address of each of the witnesses.

Provisions for Deaf or Mute Parties in Marriages

In cases involving deaf or mute individuals, their expression of consent must be in writing if they are able... Continue reading "Marriage Record Requirements and Procedures" »

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" »