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

Legal Business Organization

A company is a set of tangible and intangible assets whose primary objective is to achieve an economic objective.

The legal system, in regulating business, offers two main options:

Single Enterprise vs. Joint Venture

Single Enterprise

Refers to an individual who develops a business. In this case, the employer is often confused with the company.

Joint Venture

Consists of a fictitious person composed of natural persons, possessing legal personality and its own patrimony. This category includes different types of companies covered by law, such as limited liability companies, partnerships, and public limited companies (SA). Currently, there is also the Individual Limited Liability Company.

Defining the Sole Trader

When we discuss... Continue reading "Legal Business Structures and Trader Obligations" »

Understanding Mutuals for Work Accidents and Occupational Diseases (AMTSL)

Mutuals for Work Accidents and Occupational Diseases (AMTSL) are non-profit associations approved by the Ministry of Labor and Social Security (MLSA). Formed by entrepreneurs, they assume the responsibility of collaborating in the coverage of work accidents and occupational diseases, and where applicable, economic benefits for temporary disability due to common contingencies, sharing costs and expenses. This requires that the associate has exercised an option in this regard. Additionally, Mutuals play an important role in the prevention of occupational risks (Art. 32 LPRL).

Legal Framework

• Articles 68 et seq. of the General Social Security Law (LGSS).
• Regulations approved

Physical Infrastructure

Physical Location: We will analyze the available space, access for equipment and personnel, power plants, thermal conditioning, and available security features.

Infrastructure

• Computers (Characteristics)
• Computer Platforms (Operating systems, available software, and application development)

Connectivity Infrastructure

• Equipment and Connectivity Resources
• Services Offered
• Population Served

Software Acquisition: 7 Main Factors

• Assign Staff
• Prepare Lists of Requirements
• Requisition for Proposals (RFP)
• Evaluate Alternatives
• Contact Users to Confirm
• Financing for the Acquisition
• Contract Negotiation

Considerations for Software and Hardware Acquisition

• Form an Assessment Team
• Take into Consideration all Requirements and Restrictions
• RFP

System

Understanding the Spanish Limited Company (SL)

Legal Framework and Definition

• The Limited Company (SL) is primarily regulated by Law 2/1995 of March 23 on Limited Companies and Law 7/2003 on New Limited Companies (SLNE).
• An SL is a company constituted by one or more partners, who can be either individuals or legal entities. It requires a minimum capital of €3,002.06, which is divided into shares, and features limited liability.
• The Limited Liability Company (SRL/SL) is a common legal form for businesses in Spain.
• Its regulations are flexible and adapted to current business needs.

Key Characteristics of the SL

• Limited Liability: The liability of partners is limited to the capital contributed; they are only liable for the capital invested.
• Capital

Autonomy of Procedural Law

The Electoral Process: Autonomous Stages (Aftalion Vilanova)

Divisions of Autonomy

I. Legislative and Jurisdictional Autonomy

1. Through the issuance of electoral LGMIL.

II. Academic and Professional Perspective

This autonomy is evident through the generation of essays, monographs, conferences, and theses on electoral procedure for bachelor's, master's, and doctoral degrees.

III. Scientific Autonomy

1. It provides finality to acts not challenged within their respective districts, ensuring legal certainty and security.
2. Another purpose of electoral procedural law is to ensure that acts or resolutions of the authority are subject to the law.

Rules Governing Electoral Procedural Law

Electoral procedural law is governed by its own rules.... Continue reading "Electoral Procedural Law: Autonomy, Sources, and Jurisprudence" »

Transient Services Companies (Art. 183 F et seq.)

These companies are lawful only when meeting legal conditions.

1. General Definitions

a) Transient Services Company

Companies providing temporary workers to businesses.

b) User

A natural or legal person contracting with a transient services company for temporary staff.

c) Transient Service Worker

A person working temporarily for business users.

2. General Standards

Oversight of work performance standards applies to both the transient company and the user.

3. Rules for Transient Service Enterprises

3.1 Prohibition of Affiliation

Transient companies must not have ties with business users.

3.2 Obligation of Guarantee (Art. 183-J)

Companies must provide a permanent guarantee to the Department of Labor. The amount... Continue reading "Understanding Transient Services Companies: Regulations and Compliance" »

Understanding Spanish Autonomy and National Unity

Section 2: The unity of the nation is a fundamental fact, considered to exist prior to the Constitution and therefore unchangeable. Article 1.2 defines our sovereignty and national levels. This article is a remarkable and somewhat redundant expression of the tension between centralist, autonomist, and federalist forces. It is the only instance where the Constitution recognizes and guarantees the right of regions and nationalities to constitute themselves as Autonomous Communities. The Constitution manages the radical concept of a single nation, thus establishing a single state. This article is further developed by Title VIII, Chapter 3.

Article 143.1: Establishing Autonomous Communities

Article... Continue reading "Spanish Constitution: Regional Autonomy and National Unity" »

Protection of Personal Data

The second case is the protection of Personal Data. Workers are entitled to have their Personal Data handled by the employer used only for the purpose for which it was given. It cannot be assigned to someone else and must be guarded securely.

Duties of Workers

Diligence and Good Faith

Workers are required to exercise diligence and adhere to the rules of good faith. Regarding care, the provision of services must apply all their knowledge that can be externalized in performance. Gross or qualified negligence could result in a breach that may lead to dismissal. If a worker does not reach the agreed-upon or usual performance level, it may be attributed to the employer if the employer does not provide the appropriate instruments.... Continue reading "Employee Rights and Employer Powers in Spain: Key Labor Laws" »

Early Civil Service Regulations in Mexico's Comptroller's Office

Grounds for Disciplinary Action (1920s)

The following were grounds for disciplinary action within the Comptroller's Office in the 1920s:

• Residing outside the locality where the office providing the service is located, without due permission.
• Refusing to provide services where requested, in accordance with firm instructions and despite protest.
• Other serious cases that violate relevant regulations.
• Notorious lack of discipline and morality, including instances that lead to criminal charges.

At the time, consideration was given to incorporating this agreement into the Law and Regulations of the Comptroller, which eventually occurred.

Regulation of Examinations (1925-1927)

On June 25, 1925,... Continue reading "Comptroller's Office: Early Civil Service Regulations" »

Essential Political Terms and Government Systems

This document provides clear definitions for fundamental political terms, concepts, and forms of governance. Understanding these terms is crucial for comprehending political science and civic structures.

Monarchy

A form of state organization in which the power of popular sovereignty is held by a king, almost always hereditary.

Parliamentary or Constitutional Monarchy

A monarchy in which the government is accountable to the parliament.

Republic

A form of state organization in which its head is chosen for a determined period.

Federal Republic

A political system in which several states, possessing autonomy, are subject in certain cases to the decisions of the central government.

Dictatorship

A political regime... Continue reading "Essential Political Terms and Government Systems Defined" »