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

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National Treasury Act: Regulatory Principles and System Composition

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General Act of the National Treasury

Regulatory Principles

Article I. - Cash Unit

Centralized management of public funds at each institution or agency, regardless of the funding source and its purpose, respecting the titling and registration exercise appropriate to the entity responsible for their perception.

Article II. - Cheapness

Management and disposal of public funds enabling optimal implementation and permanent monitoring, minimizing costs.

Article III. - Truth

Centralized authorizations and processing operations, assuming that the information recorded by the entity is documented and sustained by lawfully authorized and conducted administrative acts.

Article IV. - Opportunity

Perception and accreditation of public funds within the prescribed period,... Continue reading "National Treasury Act: Regulatory Principles and System Composition" »

Steps to Establish a Business: Legal and Administrative Requirements

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Adoption of Legal Personality

  • Certification of a Negative Social Denomination

    Applying for a name that meets the requirements prohibiting established commercial names. The regulation prevents the coincidence of the name of two or more companies. Applications must be made to the Central Business Register for companies, and to the Cooperative Society Registration for cooperatives. It contains personal data of the applicant. If six months pass without registration, it is canceled.

  • Opening a Bank Account

    For some companies, a minimum capital is required, which can be deposited into a current account, where appropriate. The financial institution will issue a certificate of deposit that will be delivered later to the notary.

  • Articles of Association

    This

... Continue reading "Steps to Establish a Business: Legal and Administrative Requirements" »

Understanding Quality Management: Standards, Certification & TQM

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Core Quality Management Concepts

Quality: Meeting customer requirements and expectations. A product or service possesses quality when it fulfills the requirements anticipated by its potential users.

Quality Management System (QMS): Involves developing a quality policy, an organized structure, and operating procedures to ensure products and services meet necessary requirements.

Standard: A public document created to regulate a specific activity, requiring approval from a legally recognized body. Compliance is generally not mandatory unless specified by official regulations.

Certification: A process where a third party provides written assurance that a product, process, or service conforms to specified requirements.

AENOR: The Spanish Association... Continue reading "Understanding Quality Management: Standards, Certification & TQM" »

History and Institutions of the European Union

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European Union: A Historical Timeline

May 9, 1950: The Schuman Declaration, establishing the European Coal and Steel Community (ECSC), was born. The founding members are Germany, France, Italy, Belgium, the Netherlands, and Luxembourg. EU promoters.

March 25, 1957: These six countries signed the Treaty of Rome, establishing the European Economic Community (EEC).

1968: Customs duties were abolished.

1960s: The Common Agricultural Policy and commercial policies are implemented.

1973: Ireland, the United Kingdom, and Denmark joined, along with ongoing social and environmental policies.

1979: First European Parliament elections.

1981: Greece joined.

1986: Spain and Portugal joined.

1985/1993: The White Paper was released, creating a calendar for the European... Continue reading "History and Institutions of the European Union" »

Municipal Licensing Powers and Legal Framework

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The Mayor chairs the Corporation and holds the following responsibilities: (...)
9. The granting of licenses for manufacturing establishments (industrial, commercial, or otherwise) and building permits in general, unless the ordinance or sectoral laws expressly assign this to the Plenary or the Local Government Board.

It is, therefore, in principle, possible that the power to grant licenses applies to the Mayor, the Plenary, or the Local Government Board, according to the sectoral rules that govern it and its delegation.

Organization of Large Population Municipalities

In this context, it is important to note that, as stated in Title X of Law 7/1985 of April 2, Regulating the Bases of Local Government on the arrangements for the organization of... Continue reading "Municipal Licensing Powers and Legal Framework" »

Tax Penalties, Inspection Documentation, and Administrative Review

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Tax Compliance and Enforcement Procedures

1. Tax Violations and Penalties

Tax infringements are acts or omissions that are classified and penalized as such in the law.

1.1 Types of Offenses

  1. Mild Offenses:
    • When the base of the penalty does not exceed $3,000, whether or not concealment exists.
    • When the base of the penalty exceeds $3,000 and there is no concealment.

    Punishment: Proportional monetary fine of 50%.

  2. Serious Offenses:
    • When the base of the penalty exceeds $3,000 and concealment exists.
    • Whatever the base amount of the penalty, when false or falsified invoices or documents have been used.

    Punishment: Proportional monetary fine of 50% to 100% of the amount lacking payment.

  3. Very Serious Offenses:
    • When fraudulent means have been used.

    Punishment: Proportional

... Continue reading "Tax Penalties, Inspection Documentation, and Administrative Review" »

Key Reforms and Conflicts of the Second Spanish Republic (1931-1933)

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Political Reforms and Counter-Reforms

The subsequent government (often referred to as the Right-wing coalition) sought to halt many of the reforms initiated by the Left broadly:

  • Agrarian Reform: Land was not returned, but expropriations were stopped.
  • Educational Reform: Focused heavily on religious matters. While religious centers were not closed, maintenance of public centers was prioritized. There was a form of subsidy provided to religious employment centers.
  • Labor Reform: The right to strike was curtailed (requiring permits). A decline in strikes was observed, coinciding with a slight economic recovery.
  • Army Reform: The reform had placed military personnel in key positions, but confidence was lacking. The figure of Franco was recovered as a
... Continue reading "Key Reforms and Conflicts of the Second Spanish Republic (1931-1933)" »

Key Aspects of Labor Law: Contracts, Agreements & Regulations

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Key Aspects of Labor Law

ETT 1: Temporary employment agencies hire unemployed farm workers, establish contracts, and collect the SMI (Minimum Interprofessional Wage).

2nd Labor Relations:

  • Staff: Must be managed by the hired individual. Delegation of this relationship is permitted.
  • Voluntary: The relationship is not compulsory or forced.
  • Employed: The product of labor belongs to the employer, not the worker.
  • Dependent: The employee is subject to the employer's discipline and direction.
  • Compensation: The worker receives a salary in exchange for their work.

3rd The Trial Period: The employer assesses the worker's professional attitude, and the worker evaluates working conditions. It must be in writing. Duration: 6 months for qualified workers, 2 months... Continue reading "Key Aspects of Labor Law: Contracts, Agreements & Regulations" »

Legal Mechanisms: Acquisition and Extinction of Individual Rights

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Acquisition and Extinction of Individual Rights

Acquisition of Individual Rights

The acquisition of individual rights can be categorized into two main types: original and derivative.

Original Acquisition (Origins)

A right is acquired independently of any previous holder.

  • Rights of Personality: Acquired simply by being born.
  • Finding Unowned Property: Finding something that is not abandoned (res nullius) or unowned.
  • Acquisitive Prescription (Usucaption): Through public, peaceful, continuous, and uninterrupted possession, held as an owner, for a legally defined period, one can become the owner of something that previously belonged to another person.

Derivative Acquisition

The right is acquired from a previous holder (transferor).

Example: Purchase, bequest,... Continue reading "Legal Mechanisms: Acquisition and Extinction of Individual Rights" »

Chilean Citizenship: Rights, Requirements, and Loss of Status

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Requirements for Chilean Citizenship (Art. 13, CPE 1980)

  • Be 18 years of age.
  • Not have been sentenced to corporal punishment.

Citizenship Rights Granted (Art. 13, CPE 1980)

The status of citizen grants voting rights, eligibility for elective office, and other rights conferred by the Constitution or the law.

Characteristics of Suffrage (Art. 15, CPE 1980)

  • Suffrage is universal.
  • Suffrage is equal.
  • The vote is secret.
  • Voting is compulsory (Reformed).

Additional principles:

  • Suffrage is direct.
  • The vote must be informed.

Disqualification from Suffrage (Art. 16, CPE 1980)

The right to vote is suspended:

  1. On interdiction if found with dementia.
  2. For the person accused of a crime that deserves corporal punishment or a crime that the law qualifies as terrorist behavior.
... Continue reading "Chilean Citizenship: Rights, Requirements, and Loss of Status" »