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

Triangular Operations in Intra-Community Acquisitions

These operations involve companies from three different EU member states. They consist of:

• A director company buying and selling, which must be a company not established in Spanish territory.
• A supplier that only sells, transports, and delivers the goods.
• A buying company that only acquires the property, which is the Spanish company (in this context).

Regarding the triangulated company, it must be a company not established in the EU and will have these three characteristics:

1. It performs two actions: it buys from one company and sells to another.
2. It benefits from a Community exemption on the purchase.
3. Its relationship with the Spanish company can be expressed as: "I will buy the goods to sell them

The Third Level of Regulations

The third level consists of the regulations that dictate the other members, ministers, and ministerial orders. Regulation 50/1997 states that the Crown can never violate the decrees of the council or chairman.

Pure and Proper Regulations

Regulations not issued by the government are parliamentary regulations, which are approved by Parliament. These internal operating regulations have regulatory powers but are not the same as the government; they just share the same name.

Regulations of the General Council of the Judiciary

The General Council of the Judiciary establishes rights, duties, and performance standards for judges and magistrates. There is no separation of powers within the General Judicial Council.

Individuals

Item 17 - Breach of Contract: Understanding Work Absences

Types of Absences from Work

• Absences
• Suspension of Contract
• Paid Leave

Suspension of Contract

Suspension of contract detracts from the obligations of work and remuneration of labor while maintaining the right to reinstatement.

Grounds for Suspension:

1. Mutual agreement of the parties.
2. The inability of the worker. This includes temporary disability leading to permanent disability. The process concludes with either: a) discharge of the worker; b) qualification of permanent disability.
3. Maternity, paternity, risk during pregnancy or breastfeeding of a child under 9 months, and adoption or fostering. The maternity suspension lasts for 16 weeks.
4. Suspension for paternity. A continuous period of 13 days,

Contract Termination

Reasons for Termination

Employer-Related Reasons

Death of Employer

Upon the employer's death, all heirs in the transmission company inherit the contracts. Business closure and contract termination must be genuine. If the business continues under a third party, contracts may continue. The contract's expiration upon the employer's death carries statutory compensation equivalent to one month's salary.

Employer's Failure

The employer's inability to fulfill contractual obligations may justify contract termination. The level of inability required depends on the specific case. Compensation is equivalent to one month's salary.

Retirement of Employer

Contract termination due to employer retirement is possible under Social Security schemes.... Continue reading "Contract Termination: Reasons, Procedures, and Effects" »

What are the Functions Assigned to Criminal Law?

Civil legal asset protection and motivation.

What Underpins the "Absolute Theory" of Grief and How Critical is it?

They look to the past. They see the punishment as "pay" for the harm caused by crime. It is based on the idea that punishment has no other basis than the crime. The penalty exists because a crime has been committed. The basis of punishment is what is known as remuneration.

What are the Main Theories About the Penalty?

• General Prevention: Finds the justification of punishment with the threat and is subjective to individual application (which does not respect the threat will be punished). That is, it leaves the idea of intimidation, formerly General Prevention Negative and now positive.

Functions of Law

1. Organizing Feature of Social Life

Law governs every society through rules, even rudimentary ones. It regulates social events within community life, including those beyond legal regulation. Law dictates individual and collective behavior, imposing obligations, prohibiting actions, and permitting others. Individuals must adapt their conduct to these mandates, ensuring social order rather than just personal perfection.

2. Organizational Function of Public Authority

Human society requires a superior organization distinct from individuals—a state political organization—legally mandated by law. As Kelsen states, "no state beyond the law."

3. Legitimization of Power

Law creates, distributes, and limits public power. Legitimate power... Continue reading "Functions of Law and Juvenile Delinquency: A Sociological Perspective" »

Constitutional Justice: Control of Laws and the Court

Constitutional Justice

Our legal system provides a body of constitutional review. The Spanish Constitution (EC) is the highest court, monitored by a specific body whose function is to ensure no rule of the Legal Order (OJ) is contrary to the Constitution.

The EC is the highest norm of the system. Thus, it provides for a monitoring system or organ to enable the EC to impose on the rest of the rules. This body is the Constitutional Court.

Models of Constitutional Justice

• American System: Born with a constitution, the U.S. Constitution in 1787, currently in force.

There was the concern that all the rules of the system adequately adhere to them. It does not expressly provide for the control of constitutionality.... Continue reading "Constitutional Justice: Control of Laws and the Constitutional Court" »

Types of Traditional Medicine

Traditional medicine refers to the practices of healers and magicians, often intertwined with religious manifestations and magical thinking. These individuals were among the first independent artisans, holding privileged positions in early social organizations. Traditional medicine predates scientific medical knowledge and was often practiced by lower social classes, a form known as traditional folk medicine, passed down through oral tradition.

General Historical Background

Early medicine relied on primitive religious and magical practices, such as using plants and roots to cure diseases. This "archaic" medicine was generally practiced by priests, sorcerers, and healers. One notable surgical procedure was trepanation,... Continue reading "Traditional Medicine: History and Practices Across Cultures" »

Text 1: The Constitution of 1812 (Cádiz)

This text presents a series of articles from the Constitution of Cádiz, adopted on March 19, 1812.

This legal text established, for the first time in Spain, the fundamental principles of liberalism.

On the initiative of the Central Junta, the Cortes met in Cádiz, the only city free from the French invasion. The members who approved the constitution were mostly representatives of the middle classes. Las Cortes de Cádiz carried out its revolutionary work until 1814.

Key liberal principles included:

• Article 3: Proclaimed national sovereignty.
• Articles 15, 16, and 17: Established the separation of powers.
• Article 8: Approved financial equality, abolishing privileges for specific groups.
• Article 371: Enshrined