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

The Greek Root of Democracy

In ancient Athens, the government was in the hands of all citizens.

Differences from Modern Democracy

• A basic difference is the size of communities. In ancient Greece, communities were small, and all their members were known.
• There were also compact and economically independent communities.
• They practiced direct democracy not only in deliberations and decisions but also in their implementation.
• Democracy constituted a way of life. Daily life mainly focused on political participation.

Similarities with Modern Democracy

• In the Athenian polis, rational argument was the foundation of all political power. Whoever exercised authority must always provide reasons acceptable to the public.
• There is a relationship between citizenship

Sections and Polling Stations

Topic: The provincial/territorial division that ensures an orderly election day and provides citizens with information to exercise their vote.

The Table: The final place in the section where citizens cast their ballots. A section may have several tables, often divided by last name.

The board is composed of a president and two members. The municipality of the area organizes it. Members are appointed by lot from among designated persons in that section who are under 65 years old and literate. Those over 65 belong to the 3rd Age group.

The president must have a Bachelor's degree, vocational qualification, or graduate degree. A deputy chairman must also be elected.

Failure to attend by the president or members is a crime;... Continue reading "Understanding Electoral Sections and Processes" »

What is an Individual's Job?

An individual's job is one whereby an individual agrees to perform any work or provide professional services to another natural or legal person under the continuing dependence or subordination of this and through payment.

What are the Three Elements Essential to Ensuring an Employment Contract?

The three essential elements are:

1. The worker's personal activity is performed.
2. Continued subordination or dependency of the worker on the employer.
3. Pay for service as remuneration.

What is the Pattern Subject to When Establishing a Working Relationship with a Minor?

The pattern is subject to the fulfillment of all obligations of the contract. However, the official office of the Ministry of Labor may, ex officio or on application,... Continue reading "Understanding Labor Laws: Contracts, Rights, and Regulations" »

Item 6. SA and Limited Partnerships

1. Company Types

SA (Sociedad Anónima)

• Ideal for accessing capital markets.
• Mandatory for large companies.
• Minimum capital: €60,000.
• Partners choose the company's social purpose at incorporation.

Limited Partnership (Sociedad Limitada - SL)

• Suitable for small and medium-sized companies.
• Minimum capital: €3,000.

2. Characteristics of Corporations (SA)

1. Share Capital: Divided into shares, each representing a part of the social capital and granting ownership.
2. Social Capital:
   • Determined in the company's statutes.
   • Must be stable, with a minimum of €60,000.
   • If half the equity capital is lost, it may lead to bankruptcy.
   • Key Aspects:
     • Existence and Determination: Social capital must be established and divided into shares.
     • Stability

Commercial Documents

Bills of Exchange

Taxable Event: Refers to bills and documents that comply with a swivel function, i.e., remittance or money order.

Taxpayers: The drawer and others who draft documents issued.

Tax Base: Is rotated and takes the amount of the quota on a fixed scale.

Safeguards and Certificates of Deposit

Taxable Event: Issue or transfer of receipts or certificates of deposit.

Contributor: The issuer.

Tax Base: The nominal amount to determine the share, using the same fixed scale as for bills of exchange.

Form: Using a mobile ring (stamped paper can be purchased at newsstands). A receipt or certificate of deposit is a security issued individually and to the order. It concerns a bank deposit of a minimum amount, which is transferable... Continue reading "Taxable Events: Commercial and Administrative Documents" »

Commentary on the Law of July 21, 1876

This document provides an analysis of the Law of July 21, 1876, which details the consequences of abolishing the historical privileges in the provinces of Álava, Guipúzcoa, and Vizcaya.

This commentary will follow this structure: textual analysis and contextualization, concluding with a brief summary of the text's significance.

1. Location

a) Nature of the Text:

• By approach: Objective
• By content: Political
• By origin: Historical source

b) Authorship:

Individual. Officially authored by King Alfonso XII, but also signed by the President of the Council of Ministers, Antonio Cánovas.

c) Date:

July 21, 1876

d) Audience:

Public.

2. Analysis

The main theme of the text is the abolition of the privileges of the provinces of... Continue reading "Abolition of Basque Privileges: Law of July 21, 1876 Analysis" »

The Spanish Constitution

The Spanish Constitution is the fundamental law of Spain. It was adopted by referendum on December 6, 1978, and published in the Official State Gazette (BOE) on December 29, 1978. The Constitution is divided into a preamble and ten titles, comprising 179 articles, plus four additional provisions, nine transitional provisions, one derogatory provision, and one final provision.

The Legislature

The State Legislature, the Cortes Generales, represents the Spanish people. The Cortes Generales are divided into two chambers: the Congress of Deputies (Congreso de los Diputados) and the Senate (Senado).

The Congress of Deputies

The Congress of Deputies represents the nation, and its members are organized by political parties. The... Continue reading "Spanish Constitution and Legislature: A Comprehensive Overview" »

Local Culture

Local culture refers to the shared beliefs, customs, and values of people inhabiting a specific geographical area.

Regional Culture

Regional culture encompasses the common culture shared by people within a larger geographical area, shaped by history and adaptation. Key features include:

• Inhabitants adapted to the geography, developing skills like ceramics, textiles, and jewelry making.
• Coexistence of various cultures with distinct traditions and customs within a region.

Cultural Diversity

Cultural diversity represents the multitude of ways different cultures express themselves. These traits are transmitted within and between groups and societies.

Identity

Identity is the sense of belonging to a particular community or people.

Belonging

Sources of Nationality

Sources of nationality for a natural person can be biological or political:

Biological Sources

Based on the fact of birth, there are two main theories:

Ius Soli:

Nationals of a state are those born within its territory, regardless of the nationality of their parents.

Jus Sanguinis:

Nationals of a state are those whose mother, father, or parents are nationals of that state, regardless of their place of birth.

Political Sources

Establish an artificial link between the individual and the state.

Letter of Naturalization:

Achieved through an administrative act for individuals who meet the legal requirements.

Naturalization by Statutory Grace:

Granted through a law to people who have rendered distinguished service to the country.

Domicile

Understanding Legal Timeframes

At the right time. The passage of time impacts the legal system. It is relevant for acquiring the capacity to act, acquiring subjective rights, determining when they can be exercised, and their extinction.

Difference and Concept: Term and Deadline

The exercise of a right is always bound to a term, which marks the start or end of something. It's the exact moment at which a given action may commence (e.g., "you have to present on day 1"). The opposite, a deadline, indicates the period within which an act must be carried out (e.g., "you have to present between the 15th and the 20th").

Therefore, in the exercise of a right, both terms and deadlines are directly connected with the concept of working and non-working days.... Continue reading "Understanding Legal Timeframes: Terms, Deadlines, and Computations" »