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

Administrative vs. Legal Acts: Key Differences

Can a legal act not be an administrative act? Yes, there are other acts that produce legal effects that flow from the power of government, such as commitments made between two or more individuals.

Elements of an Administrative Act

1. Unilateral expression of will
2. Issued by an administrative body
3. Enacted in the exercise of its administrative function
4. Intended to produce legal effects

What Makes an Act Solemn?

For an administrative act to be valid, it must have been expressed and processed in the manner prescribed by law.

Principles Governing the Issuance of an Administrative Act

• Attribution rules and competition
• Procedure
• Reasons
• Purpose (Fin)
• Interdiction of arbitrariness
• Respect for the essential rights emanating

The Role of Partner Personality in Business Entities

The personality of the partners is a crucial characteristic, as their direct involvement in management corresponds to their liability, making them key to the capital structure of the entity.

Collective Company Characteristics

A Collective Company is characterized by the following features:

• The minimum number of members required is two.
• All partners intervene in the management of the company, although partners may also provide only employment without intervening in management.
• The partners respond personally for debts incurred with third parties, often involving joint and several liability.
• There is no minimum capital required for establishment.
• This company is taxed by Corporation Tax.

Understanding

Declaration on the Right to Development

Adopted by General Assembly Resolution 41/128 of 4 December 1986

The General Assembly,

Reaffirming the purposes and principles of the Charter of the United Nations regarding the conduct of international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion,

Recognizing that development is a comprehensive economic, social, cultural, and political process, which strives for constant improvement of the welfare of all the population and all individuals on the basis of their active, free, and meaningful participation... Continue reading "UN Declaration on the Right to Development 1986" »

Scope of Social Security

The Social Security (SS) system ensures adequate protection for working people and their families. In Spain, there are two levels:

• Contributory

  Covers employed workers and their resident family members.

• Non-Contributory

  Includes all Spanish residents not covered by the contributory system, providing healthcare, disability, retirement, and child allowances.

Social Security Schemes

• General Regime

  Applies to most workers.

• Special Regimes

  Covers specific activities, including domestic workers and students.

Organizational Structure

The SS is managed through various entities:

A. Managing Bodies

• National Institute of Social Security (INSS)

  Manages cash benefits.

• Institute for Public Health (INGESA)

  Manages health services.

• National Institute

Causes of Incapacity

Incapacity can be caused by:

• A common illness or non-occupational accident
• An accident at work
• Occupational diseases
• Observation periods of occupational disease

Requirements for Payment of Cash Benefit for Temporary Disability

To be eligible for temporary disability benefits, you must:

• Be a member of social security
• In the event of common illness, have paid contributions for more than 180 days within the 5 years preceding the medical event
• In the case of a work-related accident or occupational disease, no minimum contribution period is required

Duration of Temporary Disability

The duration of temporary disability is typically 12 months. If you are discharged and later require leave within 6 months of the initial discharge, or within... Continue reading "Temporary Disability and Unemployment Benefits in Spain" »

Business Transmission: What Employers Need to Know

Business transmission occurs when a company changes ownership, such as through a sale, succession, or subrogation. If the owner dies, their heirs are responsible. Otherwise, the business is typically transmitted through a purchase. This process has important implications for workers:

Individual Employment Contracts

• Transmission of a business does not, by itself, terminate employment contracts.
• The business is transferred from the transferor employer to the transferee.
• The assignee assumes the rights and obligations of the assignor.
• A system of joint liability is established in case of breaches by either employer, covering:
• Labor obligations arising after the transfer (settled for 2 years).
• Job duties

Negotiating Tables for Public Administration Staff

For the negotiation of the terms of public administration work, a general table of negotiations is formed within the field of state administration, as well as in each of the Autonomous Communities and local bodies responsible for determining the working conditions of staff in relevant areas. These will later form the sectoral collective bargaining tables and determine working conditions in the following six sectors:

• Teaching staff in university schools.
• Non-personal services in Public Administration.
• Staff for public health administration.
• Public Administration staff.
• Service staff for universities.
• Central Public Administration and managing bodies of the Social Security.

Powers and Meeting Frequency

- National sovereignty resides in the Spanish town. (The laws are determined through representatives in Parliament).
- The Constitution is based on the indissoluble unity of the Spanish nation. (The territory cannot be separated) (Indissoluble: you cannot separate).
- The way politics is the parliamentary monarchy. (The form of government in which the king serves as the Head of State under the control of the legislature (Parliament) and judiciary (government), that is, the King reigns but does not govern).
- Castilian is the official state language. The other Spanish languages are also official in their respective autonomous communities.
- The state capital is the city of Madrid.
- Citizens and public authorities are subject to the Constitution

Royal Decree 1201/1981: Correctional Regulations

Summary of Offenses and Disciplinary Actions

Article 108: Very Serious Offenses

• Participating in riots, collective disturbances, or inciting them if they have occurred.
• Assaulting, threatening, or coercing any person within the establishment, or authorities, judicial, or penal institution personnel. This includes actions both inside and outside the establishment if the inmate was out for a legitimate reason, and applies to those acting in their official capacity or in connection with it.
• Grave assault or coercion of other inmates.
• Active and serious resistance to compliance with orders from authority or officers in the lawful exercise of their powers.
• Attempting, facilitating, or committing evasion

Key Elements for Starting a Business

The key elements to creating a business are: an enterprising idea and a well-defined business plan.

Tip: Satisfy a need by addressing specific customer requirements. Differentiate your business through price, practicality, ease of use, technical advantages, psychological appeal, or social impact.

Types of Business Structures

Sole Proprietorship

A sole proprietorship is a business owned and run by one person where there is no legal distinction between the owner and the business. The individual, with legal capacity, acts on their own behalf or through representatives, engaging in commercial, industrial, or professional activities regularly. They are responsible for fulfilling all obligations with their assets,... Continue reading "Business Structures: Key Elements and Legal Forms" »