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

Understanding Civil Status

Civil status is a quality people possess through which they contract rights and obligations.

Different Types of Status

• Single
• Married
• Widowed
• Divorced
• Child
• Legitimate child
• Recognized natural child
• Recognized cohabitation

Acquiring or Amending Status

Status can be acquired or amended through:

Legal Acts

Events where the will of the people participates, e.g., marriage, divorce.

Legal Facts

A fact which does not involve the will of the people and has legal impact, e.g., birth, death, majority.

Court of Law

A decision made by a judge after a process. Can modify status, e.g., an adoptive child becoming legitimate (adoptive legitimation), divorce.

Characteristics of Marital Status

1. Inherent: Inherent in the human person.
2. Imperative: Cannot

Basic Working and Employment Conditions for Temporary Workers

Member States may, after consultation with social partners at national level and on the basis of an agreement concluded by them, establish provisions concerning the basic working and employment conditions which derogate from the principle established in paragraph 1. Such arrangements may include a deadline to achieve equal treatment. The provisions referred to in this paragraph shall comply with Community law and be sufficiently precise and accessible to allow sectors and enterprises concerned to identify and meet their obligations.

Social Security and Other Schemes

Member States shall specify whether social security schemes, including pensions, cash benefits for sickness, or financial... Continue reading "Temporary Worker Rights: Conditions, Access, and Equal Treatment" »

Effects of Obligations in Law

This section outlines the fundamental aspects and consequences related to legal obligations.

Compliance with Obligations

• Effective implementation of the provision.
• The allowance is indivisible.
• The active subject of compliance is the debtor.
• Payment by a third party is possible.

Time and Place of Performance

Their determination is crucial for declaring default by either the debtor or the creditor.

• Creditor's Mora Provision: Deposit in court at the disposal of the creditor and debtor to give and receive the benefit.

Understanding Default

Default signifies a breach of obligation. It can be:

• Absolute Default: Inability to execute future benefit.
• Relative Default: Compliance outside or in part, which can be rejected by the creditor.

Obligations

• General obligations
• Real right: It is one that directly and immediately gravitates on a certain thing, and that requires everyone's equal respect, but purely passive.
• Credit or personal law: It is a special relationship between two specific individuals, one of whom may require the other, determined to provide what under common law is due.

Example: Right to ownership, right to credit a sum of money due to us under a loan.

• The requirement: A link right on the necessity compels us to pay for a thing. The creditor is the active subject of the relationship, and the debtor has liabilities. The lender expects or hopes that the debtor complies with what has been committed to.
• Elements of the obligation: It has two subjects, one active and

Classes of Official Duties

Economic, non-economic, and social union.

A) Economic

Officials are entitled to basic pay, salary and bonuses, triennial bonuses, and additional remuneration for extra allowances, specific productivity, and gratuities.

B) Non-economic Rights

At the office, career development, appropriate treatment, dignity and privacy, leave, etc.

C) Trade Union Rights

To self-organize, to strike, and trade union participation and representation.

D) Social Rights

Contingencies and benefits in general, basic and complementary.

Duties of Officials

The duties of officials are understood as the legal obligations they have regarding the services provided in public administration.

Classes of Duties of Officials

From a moral, professional, and political... Continue reading "Official Duties and Rights in Public Administration" »

Evolution of Spanish Labor Law

The power of employers over workers and lack of unity among workers provoked many abuses.

In Spain, between 1919 and 1931, important labor law codes were first promulgated.

In 1980, the Workers' Statute law was enacted, and in 1995, the Revised Text of the Workers' Statute law was adopted.

Divisions of Law

Traditionally, law is divided into public and private, and these are subdivided in turn into different branches.

Public Law

When the state and public bodies act officially.

Private Law

Governs relations between individuals, or with the state and public agencies when acting privately.

Labor Law

Occupies an intermediate position between public and private law.

Characteristics of Labor Law

Voluntariness

The worker should be... Continue reading "Understanding Labor Law in Spain" »

Corporate Contributions

4. Social Contributions: The objective is to provide everything that contributes to the development of corporate purpose. In such a society, only goods and property rights capable of economic assessment may be provided, excluding labor or services. Contributions from industry can be made to society, but in exchange for shares, which are not received. Monetary contributions can be made in any currency, provided they have been converted to euros, and disbursement should also be checked. Non-monetary contributions refer to any good or right capable of economic valuation, other than money. Ancillary services (benefits) can be established. In any case, these must be expressed in the articles of association, indicating the... Continue reading "Shareholder Rights and Corporate Contributions" »

Internal and External Sources of Labor Law

Internal sources are developed by the legislature (Congress of Deputies), the executive (government), and representatives of employers and employees (unions). These sources are:

• The Spanish Constitution of December 6, 1978 (the supreme law of Spain)
• Organic laws, ordinary decree laws, legislative decrees, and autonomic regulations

External sources (international) come from international organizations or agreements with Spain and apply after being approved by Congress and the Senate (they become Spanish rules with domestic preference).

Principles of Labor Standards

• More favorable standard: When two or more rules are in force (regarding holidays, work, pay, etc.), the most favorable to the worker is applied.

Presidentialism

The presidential form of government has a rational genesis, the result of dogmatic reflection, and is strongly inspired by Montesquieu's theory on the separation of powers. When developing the United States Constitution in 1787, there were no empirical precedents in determining the form of government. In other words, there was no previous constitution worthy of the name, nor did the democratic principle, as a legitimating principle, have precedent. The only record was theoretical and, in regard specifically to the form of government, was that set by the Frenchman Montesquieu in The Spirit of Laws, which analyzes the English political system.

Montesquieu's Theory

Montesquieu's theory on the separation of powers needed to sift through... Continue reading "Presidentialism: A System of Separated Powers" »