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

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" »

Term Contracts Under CLT Article 443

The employment contract may be agreed expressly or tacitly, verbally or in writing, for a specified period or indefinitely.

Definition (CLT Art. 443 § 1)

A term employment contract is one whose duration depends on a prefixed term, the performance of specified services, or the completion of a certain event capable of rough estimation.

When Term Contracts Are Valid (CLT Art. 443 § 2)

A term contract is valid only in the following cases:

• Services of a transitory nature that justify predetermining the period;
• Temporary business activities;
• Experience contracts.

Example for temporary business activity: An Easter egg factory can hire employees for a specific period.

Maximum Duration (CLT Art. 445)

The maximum duration... Continue reading "Term Contracts Under Brazilian CLT Labor Law" »

Obligations and Rights

A person (the debtor) has bought an item and has not yet paid the seller (the creditor).

An obligation is a legal bond that links two or more people. At least one of them, known as the debtor, is subject to performing a benefit for another, called the creditor.

The obligation and the right to credit represent two sides of the same reality.

Content of the Obligational Relationship

The debtor and creditor are united by a bond that is composed of two elements: debit and responsibility.

• Debit: This requires the debtor to perform a benefit, which the creditor can demand to fulfill a legitimate interest under their credit right. Debit must be accompanied by responsibility.
• Responsibility: This has a patrimonial character; it is a

Bad Check Issues

Bad check implications:

• Embezzlement - CP 171, § 2, VI - is a felony.
• If there are no funds - non-payment of a check for insufficient funds, when in fact there are funds, by itself generates moral damages to be compensated - the docket entry 388 of the STJ.
• The case of joint accounts - accounts for the bounced check only one who issued the check.
• Art. 47, § 3 LC-out of funds after the deadline (30 or 60 days), have been given during the presentation available funds, and the server no longer have them (funds) for reasons beyond their control - eg. : liquidation of the bank; theft.

Protest for Non-Payment

• Necessary to allow the protest to the execution of endorsers and their guarantors; Now you can charge without protest, by a declaration

Cognitive vs. Executive Activity in Law

Cognitive Activity: This refers to the process suitable for recognizing a right that is still uncertain and formulating the legal rule applicable to a specific case. It is a knowledge or cognitive process.

Executive Activity: This involves the state instruments available for the effective practice of law that has already been recognized. It is the implementation process, which can be standalone or a phase within a broader process.

Main Goal of Legal Enforcement

The primary goal of enforcement is the practical and real satisfaction or realization of a right recognized in an enforceable judicial or extrajudicial title.

Key Enforcement Principles: Effectiveness & Lower Cost

Principle of Maximum Effectiveness:

Division of Law

There are two main groups: public law and private law, further subdivided into different branches:

Public Law

Public law regulates the activity of the state and public affairs, including their relationships when acting in an official capacity with the public. It is divided into:

• Administrative Law: Contains the rules governing the activities and operation of the State and bodies for political execution.
• Other Branches: Public international law, criminal law, tax law, procedural law, Community law, and labor law.

Private Law

Private law governs relations between individuals. It is divided into:

• Employment law
• Private international law
• Civil law
• Commercial law

Sources of Law

Sources of law refer to the origins and manifestations of legal rules.... Continue reading "Public and Private Law: Sources, Divisions, and Powers" »

The Crown in Spain

1. The Parliamentary Monarchy as a State Policy

The parliamentary monarchy is the established policy of the Spanish State. According to the Constitution of 1812, the Government of the Spanish Nation is a hereditary monarchy. The Monarchy is an integral part of the internal constitution of Spain.

In a parliamentary monarchy, the King is separate from the governmental function, and the responsibility of Government lies with the Parliament.

2. The Functions of the King

Article 56.1 of the Spanish Constitution is the foundational article regarding the King's role.

The King's functions include:

• Head of State: This constitutional role requires autonomous material function. In exercising this, the King cannot be subordinated to any other

Definition

Dismissal is a court decision indicating insufficient grounds to proceed with a trial, thus avoiding unnecessary proceedings. It can occur at the intermediate stage or during the opening phase, leading to either termination or suspension of the process.

Types of Dismissal

Free Dismissal (Art. 637 LECrim)

This court order is issued when there's no possibility of charges, resulting in premature and final termination with res judicata effect. Reasons include:

• No reasonable suspicion of the accused committing the crime.
• The act isn't a criminal offense (leading to a procedural change, not termination).
• Defendants are immune from liability (due to non-participation or exemption under Art. 20 CP).

Provisional Dismissal (Art. 641 LECrim)

Issued... Continue reading "Dismissal in Spanish Criminal Proceedings" »

Marriage and Alimony

Characteristics of Maintenance Obligation

The maintenance obligation is characterized by personality, limitations, reciprocity, relativity, variability, and absence of solidarity.

Types of Maintenance

Civil or Broad Maintenance: Due to spouse and direct relatives. It includes necessities like food, shelter, clothing, medical care, and education for minors and those who haven't completed their training.

Natural or Strict Maintenance: Due to siblings, covering basic necessities for life.

Article 148.3 of the Civil Code

This article doesn't regulate food allowance but empowers courts to order interim measures ensuring the effectiveness of existing alimony provisions.

Burdens of Marriage

Spouses contribute to the burdens of marriage... Continue reading "Marriage and Alimony in Civil Law" »

Endorsements on Bills of Exchange

An endorsement refers to the transfer of rights using the expression "pay to" or a similar endorsement.

Types of Endorsements

Plenary Endorsement: Conveys all rights of the bill. It has three effects:

1. Transfer of Ownership: Transfers ownership of the bill.
2. Legitimating Effect: Legitimizes the bearer's possession if it results from a regular chain of endorsements.
3. Collateral Effect: The endorser guarantees acceptance and payment. Subsequent endorsees may limit this by:

• Using the clause "not my responsibility," waiving responsibility to their endorsee and everyone else.
• Using the clause "not to order" or "endorse," guaranteeing acceptance and payment only to their endorsee, but not to later endorsees.

Endorsement Limited