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

Constitutional Rights: Classification and Protection

Classification Guarantees for Rights

The constituent power, when establishing the catalog of rights and freedoms, also establishes a classification based on their guarantees. In other words, the constitutionally established levels of protection for them. Clearly, some rights are more important than others, and it seems logical that they are subject to greater protection.

Rights with Strengthened Safeguards

These are rights to which the constitution intended to provide a kind of special armor. They usually coincide with those that common sense finds most important: the rights of personality and civil rights in general, with some exceptions. For example, the right to marriage or property are not... Continue reading "Understanding Constitutional Rights: Classification and Protection" »

Domicile is the legal seat of a person, emerging as a key concept in civil law. It allows for locating the subject, ensuring stability and security in legal relations. Without it, legal relations would be highly unstable and unsafe.

The domicile also helps locate the subject and may have relevance for other aspects, such as determining the territorial jurisdiction of a court or tribunal. Professor Albaladejo stresses that, despite its importance, domicile does not create any legal relationship between the person and the dwelling place, nor does it imply any civil status for the resident.

The primary role of domicile is to constitute the juridical seat of the subject, making it the place to exercise their rights and meet their obligations.

Types

Securities Market Act and the National Securities Market

The Securities Market Law regulates primary and secondary markets of securities. It lays down the principles of its organization and operation, the rules governing the activities of those involved in them, and the monitoring regime.

The issuance of securities should be reported to the National Commission for Securities Market, which is the body designated by the Securities Market Law for that matter.

The National Securities Market

The LMV requires the existence of a public law entity with legal personality and capacity to exercise the functions assigned to it by law and the Ministry of Finance in monitoring and inspection of the securities markets and a few people involved in them.

The CNMV... Continue reading "Securities Market Act: Regulation and Investment" »

The Presumption of Innocence

The presumption of innocence is a fundamental pillar of the criminal process model, marking a clear break from the inquisitorial system. It asserts that an accused person is innocent until a conviction has been issued against them. This right is recognized in all international human rights instruments.

Core Tenets of the Presumption

To rebut this presumption, a minimal evidentiary burden is required, which must accurately demonstrate the defendant's guilt. It should also be considered a rule of treatment, applying throughout all criminal trial proceedings, ensuring the accused is considered and treated as innocent.

The presumption of innocence demands that a guilty verdict is rendered only when certainty of the accused'... Continue reading "Criminal Justice: Presumption of Innocence & In Dubio Pro Reo" »

Legal Status and Capacity to Act

An individual possesses a natural ability to act that evolves with age. Colloquially, this is referred to as being a mature or immature individual. Its development depends on social circumstances, such as family and education. However, full mental maturity is generally reached by all individuals at a certain age.

The law takes into account this capacity to act, distinguishing between legal capacity and capacity to act.

• Legal Capacity: This is the capacity to have rights and obligations. All individuals possess legal capacity simply by existing.
• Capacity to Act: This is the ability to exercise those rights and fulfill obligations. It is acquired at a certain age, when it is socially accepted that an individual has

Item 1: Employment Relationship

Conditions of Employment:

• Personal: Work carried out by the individual.
• Volunteer: Work done voluntarily.
• Employed: Work done under the employer's direction.
• Employment: Workers get paid for their work.
• Dependent: Subject to the employer's rules and obligations.

Failure to meet one of these conditions means it is not an employment relationship.

Relationships Not Considered Employment:

• Public officials (working for the state or autonomous region).
• Mandatory personal benefits.
• Work done out of friendship (helping a neighbor with a move).
• Family work (working with your father without receiving remuneration).
• Self-employment.
• Commercial agents.

Special Industrial Relations:

• Household services, athletes, entertainers, individuals

Understanding Occupational Safety & Health

Costs Associated with Workplace Incidents

• Medical expenses
• Benefit allowances
• Disruption of production
• Material costs
• Cost of days not worked
• Corporate responsibility

Techniques for Preventing Work-Related Damage

Prevention techniques can be broadly categorized into two areas:

• Acting on Health: Involves medical techniques.
• Acting on the Work Environment: Involves non-medical prevention techniques.

Preventive Medical Techniques

• Preventive medical examinations
• Preventive medical treatments
• Professional aptitude assessments (choice of profession)
• Health education

Non-Medical Prevention Techniques

• Job security measures
• Workplace hygiene
• Ergonomics
• Psychosociology
• Education and training
• Social policy initiatives

Employer and

The European Commission

• Headquarters in Brussels, Belgium.
• Main executive body of the EU, responsible for implementing decisions of the Parliament and the Council.
• Has representation in each of the 27 member states.
• A new Commission is appointed every 5 years, proposed by member state governments.
• Defends the general interests of the Union.

Main Features

• Proposes the elaboration of legislative texts.
• Runs and enforces EU law.
• Represents the EU in international organizations.

The Council of the EU

• Headquarters in Brussels, Belgium.
• Integrates a government representative from each member country.
• Chaired every 2.5 years by the president of a member country's government.
• Presents to member state governments.

Main Functions

• Decides with the Parliament on the adoption

Contractual Consent

• Consent: Consistency or agreement between declarations of intentions of the parties listed in the contract. At least two statements are required:

Essential Elements of Consent

• Statement of intent to offer: A person proposes an undertaking or a contract to another.
• Statement of willingness to accept: A reply to the statement of intent, accepting the contract offer.

Contractual knowledge must be produced regarding the object and the cause of the obligation.

Fundamental Principles

• Freedom of Content: Parties can set the terms they want, provided it is not against the law, morality, or public order. (Article 1255 of the Civil Code: The contracting parties may establish the covenants, terms, and conditions as they see fit, provided

Unit Representatives

Unit representatives represent all workers, union delegates, and representatives within the same sections.

Collective Agreement

Collective agreements, provided by Articles 82 to 92, are agreements between worker representatives and employers. They define working conditions, salaries, and other terms, even for non-mandatory attributes (where negotiation is allowed).

Who Negotiates?

• Business/Entrepreneur Level: Unit representatives.
• Specific Worker Categories (e.g., Iberia pilots): Union sections negotiate for the entire group, not just members.
• Business Sector (Industry Unions/Associations): The most representative unions/associations.

Agreement Application

The agreement applies to all workers and covers working conditions, salaries,... Continue reading "Worker Representation and Collective Bargaining Essentials" »