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

Understanding Key Labor Law Concepts

Concept of Labor Law

Labor Law is a body of law that governs the relationship between employers, employees, and labor organizations. It is a set of principles and institutions that regulate labor relations. The primary subject matter of labor law is human labor.

What is the CLT?

The CLT (Consolidation of Labor Laws) is a foundational legal framework in Brazil, comprising a compilation of existing labor legislation at the time of its creation.

Distinguishing Work Relationships and Employment Relationships

The employment relationship is a specific type of work relationship, characterized by certain key elements. While a work relationship is a broader concept (the genus), the employment relationship is a specific... Continue reading "Essential Labor Law Concepts for Employers and Employees" »

Lending

Fungible Tooling

• Transfer of ownership
• The borrower is only relieved by restoring the very thing borrowed.
• Transfer of a third thing is prohibited.

Mutual Loan

• Real, non-fungible items
• Consumer Loan
• Transfer of ownership
• Allows the sale of the thing loaned
• The borrower is relieved by restoring something of the same species.

Objective Theory: To give someone a property that is just as good because it appears that whoever has possession has the animus, or the will, to keep the good.

Subjective Theory: For someone to have ownership of something, they must have the body (a thing) and the animus (willingness to keep the good).

Transfer of possession and charging for it is not lending but a rental.

Deposit

Concept: A contract whereby a contractor (receiver)... Continue reading "Lending, Deposit, and Mandate: Key Legal Concepts" »

Customs: It is an agency of a national service provider whose activities are intended to achieve control over national territory regarding foreign goods, national or nationalism, made according to legal regulations.

Importance of Customs

Customs serves a dual purpose:

1. Commensurate resources to the Treasury (finance ministry).
2. Monitor and protect the existing relationship with the laws applying to foreign trade.

Customs Administration

This action aims to facilitate and control entry and exit in the national territory of goods, to international traffic and transportation, and to implement the legal regime to which any merchandise is subjected, as well as professional supervision of real estate interests and fiscal control.

Authorities

The organization... Continue reading "Understanding Customs: Roles, Functions, and Importance" »

Legal Effectiveness of Collective Agreements

Rules Governing Legal Effectiveness (Important)

Collective agreements oblige all employers and employees within their scope throughout their time of validity (vigencia).

Effects of Collective Agreements

1. Implementation of Mandatory and Automatic Terms: This excludes the possibility of establishing employment contracts worse than the agreement, emphasizing the indispensability of the collective agreement.
2. Application of the Principle of Publicity: The agreement must be published in the corresponding Official Gazette.
3. Contractual Liability: If the agreement is breached, contractual liability is individually enforceable judicially.
4. Challenging on Appeal: There is the possibility of challenging the agreement

Legal Discourse and Participation

What does each participant in a speech accepting the other as valid or partner? They want maximum benefit.

Legalism's Core Formulas

What are the four short formulas of legalism?

• Norm rather than value
• Subsumption instead of weighting
• Independence of the ordinary law rather than the ubiquity of the constitution
• Democratic legislature's autonomy within the framework of the constitution rather than judicial omnipotence

Contrasting Legalism

What would be four short contrarium sensu formulas to legalism?

• Value instead of standard
• Weighting instead of subsumption
• Omnipresence of the constitution instead of the independence of ordinary law
• Judicial omnipotence supported by the constitution rather than the autonomy of the democratic

Civil Personality and the Extinction of Life

Article 32 of the Civil Code: Death

Civil personality is extinguished by the death of individuals.

Article 33 of the Civil Code: Presumption of Simultaneous Death (Comoriencia)

If there is doubt between two or more people as to who died first, and the previous death of one or another cannot be proven, they are presumed dead at the same time. In this case, there is no transfer of rights to another.

Understanding Comoriencia

Presumption of Comoriencia: This legal principle applies when there is doubt between two people who die at the same time. Proving that one died before the other must be demonstrated (often relevant for inheritance purposes).

Declaration of Death (Declaración de Fallecimiento)

Article

Sole Proprietorship: Key Characteristics

An individual operates in their own name and through a commercial, industrial, or professional enterprise. Key characteristics include:

• The owner must be of legal age.
• Involves total control of the business by the owner.
• The entrepreneur's liability is unlimited.
• No minimum capital is required.
• The owner is the trade name holder.

Private Civil Partnerships

Two or more individuals agree to contribute money, goods, or industry, with the aim of sharing profits. These companies are often based on private agreements between members, where the actions of individual members are not strictly limited by capital contributions. The company name can be any chosen name.

Public Civil Partnerships

Similar to private civil partnerships,

What is a Bill of Exchange?

A bill of exchange is a commercial document wherein one person, the drawer, instructs another person, the drawee, to pay a specific sum of money on a particular date or at a concrete maturity. The bill of exchange can be drawn by the drawer for their own benefit or for a third party, known as the payee or beneficiary, to whom the drawer transfers or endorses the bill.

Types of Bills by Maturity Date

A bill of exchange can be classified based on its payment terms:

• Payable on Sight (At Sight): Payment is due upon presentation of the bill.
• Payable at a Fixed Date: The specific due date for payment is recorded on the bill.
• Payable at a Term from Date: Maturity occurs after a specified period from the date indicated on the

Right to Privacy of Communications

Ownership and Disclosure

Individuals who are not themselves communicating are not considered owners of the communication. They may reveal information about the communication they were part of, provided they do not violate the privacy or image rights of others.

Purpose of Confidentiality

The purpose is confidentiality in itself, independent of public importance.

Freedom of Residence and Movement

Scope and Citizenship

This right primarily corresponds to Spanish citizens. However, the law also grants this right to foreigners, subject to certain limitations. Freedom of movement both inside and outside Spanish territory presents no issue for Spanish nationals. Furthermore, Spain's incorporation into the European Community... Continue reading "Fundamental Constitutional Rights: Privacy, Assembly, and Public Access" »

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