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

What is right? It is the order in social life and society. The right is divided into two branches: public and private.

Public Law

The part of the legal system governing relations between individuals and private entities (e.g., criminal law).

Private Law

The branch of law that deals mainly with relations between individuals (e.g., civil law, private international law).

Labor Law

The rules and principles governing relations among workers and employers.

Powers and Social Groups

• Legislator: Creates law
• Executive: Government
• Judiciary: Judges

Members of Congress

Members of Congress are 350. A law always requires a majority of the Members plus one.

Types of Laws

• State Laws vs. Laws of Autonomous Communities (CCAA)
• Organic Laws vs. Ordinary Laws
• Law vs. Legislative

Chile's 1833 Constitution

Key Features and Provisions

This constitution defined Chile's territorial boundaries from the Atacama Desert to Cape Horn, rectifying a significant error in previous charters that required constitutional amendments for boundary changes. It laid the groundwork for institutional arrangements replicated in subsequent constitutions (1925 and 1980), including:

• National sovereignty
• Representative government
• Division of public powers
• Government accountability
• Individual rights

The government system was representative, with Catholicism as the official religion, excluding the public practice of other faiths. Foreigners required ten years of residency for citizenship.

Voting Rights and Guarantees

Voting was restricted to Chilean citizens... Continue reading "Chile's 1833 Constitution: A Deep Dive" »

Movable vs. Immovable Property

Movable property is an asset that can be transported without losing its integrity (e.g., appliances, vehicles). In contrast, immovable property is an asset that cannot be transported entirely to another location (e.g., housing, commercial premises).

Defining a Contract of Sale

A contract of sale is an agreement in which one party (the seller) agrees to convey a specific item or right to another party (the buyer) in exchange for a sum of money, known as the price.

Criteria for a Commercial Contract

• The contract must involve movable property.
• The property acquired must be for resale for profit.

Key Elements of a Commercial Contract

• Personal: Refers to the seller and buyer. For a contract to be valid, the contracting parties

Labor Unions: Representative Status

Requirements for Representative Status

To be considered a most representative union:

1. State Level: Must have 10% of the delegates.
2. Autonomous Community Level: Requirements vary by region.

Powers of Most Representative Unions

• Represent institutional interests.
• Engage in collective bargaining.
• Participate as partners in various forums.
• Participate in non-jurisdictional conflict resolution.
• Promote elections for staff representatives and works councils.
• Obtain temporary transfers of property for use.
• Perform any other representative function.

Business Associations

Article 7 of the Constitution protects the right to form business associations. Their internal structure and operation must be democratic. Business associations... Continue reading "Labor Unions and Business Associations: Workers' Rights" »

Individual Enterprise (Empresa Individual)

Companies are classified according to their legal form into individual enterprises or corporate partnerships. The individual enterprise is a single personality type owned by one physical person.

Sole Proprietorship

A Sole Proprietorship is an individual who performs commercial, industrial, or professional activities on their own behalf.

• You must be of legal age and have full availability of your assets.
• It implies total control by the entrepreneur, who is personally liable for debt management and social commitments using all present and future assets.
• The liability is unlimited.
• To establish such an enterprise, a minimum capital is not required.
• The corporate name must be the holder's name.
• Taxed by the Personal

Administrative Procedure (Proc. Adm.)

The formal series of events in which specific administrative action is carried out to achieve a purpose.

Elements of the Administrative Procedure

1. Reaching administrative activity determined by fixing the alleged facts that the procedure should start from.
2. Participation of a plurality of subjects or organs that have a particular intervention in the administrative procedure.
3. Need to adopt certain forms of action.
4. Participation of people with the condition of different parties in the proceedings where the Administration is acting.

Purpose of Administrative Procedure

• Guarantee of Citizens: The administrative procedure serves as a guarantee against potential abuses by the Public Administration.
• Administrative Efficiency:

Article 12: Appealing a Claim for Loss or Lack of Chilean Nationality

A person affected by an administrative act or decision that deprives them of Chilean nationality, or where such nationality is unknown, may appeal, in person or by anyone on their behalf, within thirty days, before the Supreme Court, known as a full court jury. The appeal will suspend the effects of the act or resolution appealed.

There can be no rule of law if the state is not subject to the law. Administrative acts are the only actionable complaints.

Analysis of Article 12

It would be more accurate to refer to the affected Chilean individual as the person affected by the act or resolution (issued by administrative or legislative authority). The challenged act pertains only... Continue reading "Chilean Nationality and Citizenship" »

Worker Rights and Social Security Benefits

When dismissal procedures occur, these typically include: a) A letter of dismissal; b) Compensation, depending on the type of dismissal.

Essential Documents for Workers Upon Dismissal

In addition to dismissal-related paperwork, workers should request the following important documents:

• Certificate of Service: This document reflects the duration and nature of service a worker has provided to the company.
• Certificate of Business: This certificate includes identification data for both the company and the worker, along with contributions for common contingencies and unemployment over the last 180 days, relevant for unemployment benefit claims.

Understanding the Social Security System

The Social Security Framework

The... Continue reading "Social Security System: Benefits, Modalities, and Worker Documents" »

Administrative Contracting: Principles and Requirements

Government contracts must conform to the principles of openness, competition, equality, and non-discrimination.

Key Requirements for Administrative Contracts:

• Responsibility of the contracting authority
• Contractor's ability and qualifications
• Clear determination of the contract scope
• Transparent pricing mechanisms
• Existence of credit application processing
• Effective enforcement provisions
• Approval of expenditure
• Proper execution of the contract

Modes of Procurement Management

Different methods are employed for awarding administrative contracts:

Auction

The administration imposes specific conditions, and contractors are invited to offer the best financial bid. The contract is awarded based on the most... Continue reading "Administrative Contracting: Principles, Methods, and Contract Types" »