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

Contract Amendments, Suspensions, and Termination

An amendment of contract is the alteration or modification of benefits or conditions agreed upon in the contract.

Types of Contract Amendments:

• Functional Mobility: When a worker goes to functions other than those initially agreed upon.
• Geographical Mobility: Occurs when a change in the workplace requires a change of residence.
• Temporary Displacement: A temporary change of workplace and residence.
• Final Service: A permanent or long-term change of workplace and residence.

Substantial Modification of Working Conditions:

(Refers to basic elements of the employment contract)

• Workshop
• Hours
• The regime shift work
• The remuneration system
• The system of work and performance
• Mobility extraordinary functional

Suspension

Disentailment by the Cortes of Cadiz (1811)

In 1811, the Cortes of Cadiz addressed the pressing public debt problem. While bankruptcy was considered, a group of deputies successfully passed a decree. This decree stipulated that affected land rents would be used for debt payment.

This marked the first general disentailment statute of the nineteenth century, though its practical application was limited. During the Liberal Triennium, disentailment law was restored. In 1820, all monasteries of the monastic orders were suppressed. With this decree, disentailment was no longer limited to partial measures but was pursued with greater resolve.

Mendizábal's Disentailment & Reforms

Juan Álvarez Mendizábal, a key figure in Spanish disentailment, participated... Continue reading "Spanish Disentailment Laws: 19th Century Reforms" »

Obligations II: Final Exam

Item 1: Compulsory Force Contracts

Compliance with Express and Implied Contract Terms:

• Explicit Terms: Provisions clearly stated in the contract, leaving no doubt in interpretation.
• Implied Terms: Assumed to be part of the contract, though not formally expressed, and subject to interpretation.

Revocation of Contract by Mutual Consent

Contracts can be terminated by the will of all parties involved. If created by mutual consent, it can only be dissolved similarly.

Revocation of Contract by Unilateral Will

In certain contracts, legislation allows termination by one party's will, sometimes inalienable. Examples include leases, employment contracts, dissolution of societies, donations, and sales with repurchase agreements.

Good

Collective Bargaining and Agreements

Collective bargaining: A written agreement detailing the terms and conditions of employment, conducted between a corporate employer or organization and a workers' representative organization.

Collective agreement:

1. A collective agreement is reached when a majority vote is obtained from each negotiating party.
2. To be legally binding, the agreement must be written.
3. The agreement must be submitted for registration with the competent authority within 15 days of signing.

Performance Strikes: Requirements

1. Declaration: A direct declaration of a strike by employees.
2. Communication: Notification to the employer and labor authority representatives, with 5 days' notice (calendar days) and 10 days' notice if they are public sector

The Derived Constituent Power: Reforming the Constitution

A constitutional text is implemented, and with diverse content in place, legislatures begin every four years, and elections are called. A constitution lasts for the duration; there is no deadline.

The EC (presumably, the existing constitution) should ensure stability and a standard duration through rigid constitutional mechanisms.

To change the EC, one has to modify it and create another. Legal norms are norms amending constitutions, flexible, but usually not changed like the rest of the rules. They establish special mechanisms to stiffen constitutional amendment. This is implemented in two ways:

Intangibility clauses: For example, the German constitution cannot be reformed in ways that... Continue reading "Constitutional Reform: Understanding Derived Constituent Power" »

The Concept of Economic Constitution

The elements that define a state as social, with the exception of the fourth (exclusive to our country), are generally reflected following the Second World War.

The Economic Constitution is understood as part of the formal constitution, comprising items intended to regulate different aspects of the social state, such as fiscal measures and economic policies.

In our Constitution, this part holds great importance, mainly due to the significant influence of center-left forces during its creation. Consequently, the Economic Constitution in our country is quite broad.

In addition to the aforementioned problems of interpretation within the context of an economic crisis, the idea of a social state, and Spain's membership... Continue reading "Understanding the Economic Constitution: Key Principles" »

Employer Social Security Obligations

Social security responsibilities for employers can arise from several factors, particularly concerning surcharges on benefits due to work accidents and occupational diseases. This involves a surcharge of 30% to 50% on social security benefits if worker injuries result from:

• Machines, facilities, or workplaces lacking required safety devices, or if these devices are unusable or unsafe.
• Failure to implement general or specific health and safety measures at work, or basic sanitation standards.
• Failure to consider an individual's suitability for work, taking into account age, sex, and other worker characteristics.

This surcharge is uninsurable and falls directly on the employer responsible for the indicated safety... Continue reading "Employer Responsibilities & Workplace Safety Standards" »

A standard collective agreement is very unique. Its uniqueness lies not only in its origin outside state regulatory power, but it is also complex and mixed.

In effect, the collective agreement is at the same time a contract and a standard. The collective agreement, by its origins, is a contract, agreement, or covenant, but its effect is a standard for the purpose of regulating working conditions.

And this resulted in a series of consequences (its dual nature).

Collective Agreement as a Covenant

As a pact, it creates certain obligations that the parties arrange. These obligations are what has become known as the "obligational content of the agreement". This "obligational content" is in any agreement, meaning that parties to it are bound by the agreement.... Continue reading "Legal Status of Collective Agreements" »

Absolute Revocation of Contracts: Legal Concept, Characteristics, and Causes

A contract is void if not radically legal. It is the ultimate sanction of law to those contracts that:

• Have been transferred within the limits of the ordinance for the game of autonomy: the law, morality, and public order, as reflected in Article 1255 of the Civil Code.
• Lack the essential requirements of Article 1261 of the Civil Code (consent, object, and cause, and in some cases, also form) or those imposed by law because of the specific type of bargaining.
• Are unlawful, under section 1275 of the Civil Code.

The invalidity prevents the contract from deploying its kind effects ab initio and cannot be remedied by recognition or the passage of time. The only way out is to... Continue reading "Absolute Revocation of Contracts: Legal Effects" »