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

First Practice

First Course

Section 1

I would suggest three principles that provide a special relevance, but there is one thing to note about them.

The provisions in which the company has reached its highest level of general interest are:

• Article 128.1: Himself says article. All this in a market economy. This article, however, is tempered by another article which sets limits, and this article is 33.3.
• Article 129.2: The enterprise.

Second Course

Paragraph 1

It must be a normative use since they supply the absence of law. As a condition of use policy, it must also be legitimate.

Furthermore, it should be obvious (which is recognized by all stakeholders in this area).

If it were not obvious, proof would be required.

Paragraph 2

In accordance with Article

Controversy Over Prescription of Public Law Invalidity

The controversy surrounding the prescription of public law invalidity stems from a lack of consensus in both legal doctrine and case law. There is disagreement on whether a law prescribed by public law becomes invalid if the prescriptive period is running when its invalidity is challenged.

Action for Annulment of Public Law

An individual who believes an administrative act is flawed and affects them can pursue an action for annulment before an ordinary court of justice with civil jurisdiction and regular procedure. The objective of this action is to annul the administrative act if it fails to meet the validity requirements outlined in subparagraphs 1 and 2 of Article 7 of the Constitution of... Continue reading "Public Law Invalidity: Controversies and Control Mechanisms" »

Individual Employer (Sole Proprietorship)

Input

No specific input required as there is no legal separation between business and personal assets.

Responsibility / Liability

Personal and unlimited liability for the owner.

Representation

The owner represents the business. Attorneys or agents can be appointed.

Minimum Capital

No minimum capital required. There is no distinction between business assets and personal assets.

Observations

For married individuals, liability for business debts may depend on the applicable marital property regime.

Civil Society

Partners

Minimum of 2 partners.

Contributions

Contributions can include work (job), money, assets, or rights.

Responsibility / Liability

Personal, unlimited, and joint liability for all partners.

Management (Government)

Tacit Clauses in Employment Contracts

When parties contract repeatedly over time, establishing and complying with obligations not explicitly reflected in the written agreement, or when situations arise that were not originally contemplated, we encounter what is known as a tacit clause. The repetition of actions demonstrates the parties' mutual intention and establishes the content of their relationship regarding matters not expressly agreed upon. Thus, through tacit agreement, the employment contract is supplemented in aspects not originally specified.

Essential Employment Contract Clauses

An employment contract should typically include the following clauses:

1. Date and Place of Contract

   The place is important as it usually indicates where services

Administrative Appeal

Replacement may be appealed in the following resolutions:

• Measures of management and inconclusive decrees issued by the Clerk, except in cases where the law provides for direct appeal review.
• Autos orders and non-definitive replacements may be brought before the same court that issued the original decision.

This is a non-returnable resource: the same body (or Court Clerk) that issued the contested decision will review it.

Features:

• The filing of an administrative appeal does not prevent the agreement in the contested decision from taking effect. If the action is estimated, it will quash the decision and be made ​​according to it.
• The application for reconsideration is resolved by Order of the Court or by decree of the clerk.

Unconstitutionality Challenges

When a court considers that a regulation having the force of law may be contrary to the Constitution, the issue of unconstitutionality is raised before the Constitutional Court.

Characters

1. Any type of process, any field.
2. Decidendi must be standard, whose validity depends on the fault.
3. The question arises whenever the judge acts on their own initiative or at the encouragement of the parties.
4. This produces cessation of the main process.
5. There is no suspension of the law (except when the government challenges a standard issued by the Autonomous Community before the Constitutional Court).
6. Fuzzy control nuances: through the issue, the judge can reach the declaration of unconstitutionality.

Procedure

1. Admissible admission.
2. Transfer

Disciplinary File for Severe and Very Severe Penalties (Articles 68 and 55.1 ET)

Preliminary Procedure for Sanctions

Before imposing severe or very severe sanctions on a workers' representative or a candidate during the electoral process, the company must process an adversarial or disciplinary file. This also applies to disciplinary action against a former representative up to one year after the termination of their mandate.

The processing of this file interrupts the limitation period for professional misconduct (Article 60 ET).

Contents of the Disciplinary File

The disciplinary file must include:

• Informing the employee of the alleged facts and infractions against them.
• Granting a hearing to the person concerned and other workers' representatives,

Roman Law

Roman Law represents the legal system developed by the Roman people throughout their history. It comprises institutions created by the Roman people to address the situations encountered in the daily lives of citizens within their territory. This legal system is deeply connected to the core aspects of Roman life.

During imperial times, the Ius Civile Romanus was formed by new laws emerging from the emperors through their constitutions. It was in the sixth century AD when Emperor Justinian I collected the works of previous jurists (jurisconsults) in the Corpus Iuris Civilis. This led to Roman law being identified with the laws contained in the works commissioned by Justinian (Digestum, Codex, Novellae, Institutiones). It's important to... Continue reading "Foundations and Principles of Roman Law" »

Types of Payment

• Advance Payment: The provider requires payment prior to collection or delivery of services.
• Cash Payment: The customer pays at the time of delivery or service provision.
• Postponed Payment / Credit: The provider allows postponing bill payment for a period.

Payment Delays and Associated Documents

If there is a delay in payment, the buyer will be required to pay legal interest on the outstanding amount. Both cash and other forms of payment for various goods or services involve a series of documents:

A) The Check

Definition and Requirements

A check is a document regulated by law. The requirements are:

• Name of the document (e.g., "Check")
• Mandate to pay a specific sum
• Name of the drawee (the bank that has to pay)
• Place of payment, date, and

Understanding Constitutional Allegations

Constitutional allegations spanning two decades have been marked by intense confrontations, impacting all sectors and leading to unexpected political outcomes.

The Constitutional Accusation (AC) Mechanism

The Constitutional Accusation (AC) serves as a control mechanism for official acts of irresponsibility or irregularities in public functions. While the AC is a vital tool, it is not always the most appropriate procedure, as constitutional responsibility may also fall under criminal or administrative law.

Bases for Impeachment Offenses

• Impeachment offenses are explicitly detailed in Article 52 of the Constitution.

Performance and Inter-Branch Relations

• Parliamentarism necessitates immediate cooperation between