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

Understanding Legal Standards

Standards, advertising standards, the non-retroactivity of punitive provisions unfavorable or restrictive of individual rights, legal certainty, accountability, and prohibition of arbitrary action by public authorities.

The EC prohibits retroactivity of punitive provisions unfavorable or restrictive of rights, so that you cannot post a rule harmful to citizens in situations that have already happened.

Article 2 CP: "1. There is no crime punished with a penalty or lack who is not prescribed by law prior to its commission. Will lack, also backdated laws to establish security measures. 2. However, those laws shall have retroactive effect to favor the criminal defendant, but upon entry into force have been decided and... Continue reading "Understanding Legal Standards: Retroactivity, Repeal, and Sources of Law" »

Contractual Principle of Relativity

Contracts only produce effects on the contracting parties. Exceptionally, this principle supports affecting heirs, unless the rights and obligations are of a personal nature.

Contracts Affecting Third Parties

Sometimes a contract may affect third parties outside the contracting parties. This situation occurs in:

Contract for the Benefit of a Third Party

An agreement establishing the contents wholly or partly for the benefit of a third person outside the contract. It results in a **right** which allows the third party to **benefit from** the content of the contract as agreed. E.g., Life insurance.

The parties involved in this type of contract are:

• Promisor: The contracting party obliged to **benefit** the third party

Context of Legal Humanism

On a philosophical level, legal humanism stems from the contrast between medieval scholasticism, subject to the authority of tradition but also attentive to existing reality, and Renaissance Neoplatonism, which believed in the free and unlimited power of reason and was attracted by pure ideal forms.

In legal terms, the humanistic orientation was facilitated by the gradual rise of national legal systems, which freed the study of Roman law from practical objectives and transformed it into a historical and literary activity, increasingly similar to the task of the antiquarian.

Socially, humanist criticism of earlier legal discourse and its proponents, traditional jurists, was fueled by widespread social antipathy towards... Continue reading "Legal Humanism: Principles and Historical Impact" »

Accrual

Article 21 of the General Tax Law (LGT) defines accrual as the moment which determines the event performed that produces the birth of the principal tax liability. To narrow down the moment in time that this occurs, we must differentiate between tax accrual of taxable periodic taxes and instant taxes. In the first case, the legislature must enter narrow time periods. Fiction serves to establish that the moment the taxable event occurs, usually periods of months or years. The rule in instant charges will be that in force when the taxable event occurs. In contrast to periodic taxes, and unless otherwise provided herein, the applicable standard for reasons of legal certainty will be in force at the time of commencement of the tax period.... Continue reading "Tax Liability: Accrual, Prepayments, and Inspection Procedures" »

International Labour Organization (ILO): History and Mission

• The ILO is the international organization responsible for drawing up and overseeing international labor standards.
• It is the only tripartite United Nations specialized agency that brings together representatives of governments, employers, and workers to jointly shape policies and programs promoting decent work for all.

Key Milestones in ILO History

• 1919 – ILO was created as part of the Treaty of Versailles that ended World War I, to reflect the belief that universal and lasting peace can be accomplished only if it is based on social justice. The ILO was formed in order to press for social reform in employment practices.
• The ILO has made significant contributions to the world of work

Civil Law Basics

Key Concepts and Definitions

Individuals and Entities

Population

Any person or entity who acquires or uses a product or service as an end user.

Supplier

Any person or entity, public or private, domestic or foreign, involved in the production, assembly, creation, construction, processing, import, export, distribution, or marketing of products or services.

Advertising and Marketing

Misleading Propaganda

Any advertising that is wholly or partly false or capable of misleading consumers about the nature, characteristics, quality, quantity, properties, origin, price, or any other details of the products.

Tampering

Discriminatory advertising of any kind that incites violence, exploits fear or superstition, profits from the inexperience of children,... Continue reading "Civil Law Basics: Concepts and Definitions" »

Contract Amendments, Suspensions, and Termination

An amendment of contract is the alteration or modification of benefits or conditions agreed upon in the contract.

Types of Contract Amendments:

• Functional Mobility: When a worker goes to functions other than those initially agreed upon.
• Geographical Mobility: Occurs when a change in the workplace requires a change of residence.
• Temporary Displacement: A temporary change of workplace and residence.
• Final Service: A permanent or long-term change of workplace and residence.

Substantial Modification of Working Conditions:

(Refers to basic elements of the employment contract)

• Workshop
• Hours
• The regime shift work
• The remuneration system
• The system of work and performance
• Mobility extraordinary functional

Suspension

Obligations II: Final Exam

Item 1: Compulsory Force Contracts

Compliance with Express and Implied Contract Terms:

• Explicit Terms: Provisions clearly stated in the contract, leaving no doubt in interpretation.
• Implied Terms: Assumed to be part of the contract, though not formally expressed, and subject to interpretation.

Revocation of Contract by Mutual Consent

Contracts can be terminated by the will of all parties involved. If created by mutual consent, it can only be dissolved similarly.

Revocation of Contract by Unilateral Will

In certain contracts, legislation allows termination by one party's will, sometimes inalienable. Examples include leases, employment contracts, dissolution of societies, donations, and sales with repurchase agreements.

Good

Collective Bargaining and Agreements

Collective bargaining: A written agreement detailing the terms and conditions of employment, conducted between a corporate employer or organization and a workers' representative organization.

Collective agreement:

1. A collective agreement is reached when a majority vote is obtained from each negotiating party.
2. To be legally binding, the agreement must be written.
3. The agreement must be submitted for registration with the competent authority within 15 days of signing.

Performance Strikes: Requirements

1. Declaration: A direct declaration of a strike by employees.
2. Communication: Notification to the employer and labor authority representatives, with 5 days' notice (calendar days) and 10 days' notice if they are public sector