Notes, abstracts, papers, exams and problems of Law & Jurisprudence

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Roman Law: Ius Civile and Ius Honorarium

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Ius Civile and Ius Honorarium

The Ius Honorarium, also known as Honorarium IUS, refers to the body of law created by the Praetor and other judges. This system prompted the Ius Civile to adapt to the evolving social and legal landscape of Rome. The Honorarium IUS is rooted in the potestas of the Roman magistrate, stemming from the edicts of judges, particularly the Praetor.

In contrast, the jus civile is a legal framework that primarily regulates relations between cives (Roman citizens). Originating in ancient Rome, it was initially known as IUS QUIRITARIUM, the right of the Quirites, the first inhabitants of Rome.

The Antagonism Between Ius Civile and Ius Honorarium

The tension between ius civile and Ius Honorarium arises from legal, political,... Continue reading "Roman Law: Ius Civile and Ius Honorarium" »

Administrative Documents: Characteristics, Types, and Structure

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Characteristics of Administrative Documents

Administrative documents have special characteristics that differentiate them from other public documents:

  • Media documents
  • Proof documents
  • Citizen documents

Distinguishing Citizen Documents

Citizen documents are addressed to a particular administration, while administrative constancy documents serve to accredit determined facts and events.

New Documentary Requirements and Supports

New documentary requirements must be met. The following can be considered as supports of public administrative documents:

  • Graphics: Content is represented by shapes or colors, such as plans, maps, drawings, and graphs.
  • Sonic: Sound is used, such as magnetic tapes and discs.
  • In-image: Photographs, videos, movies, etc., are used as support.
... Continue reading "Administrative Documents: Characteristics, Types, and Structure" »

Administrative Bodies: Structure, Functions, and Classification

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Public Administration Bodies

Administrative Doctrine: An administrative body is an organizational unit, distinct from a legal person's apparatus, responsible for specific functions. These bodies operate under regulations outlining their powers, functions, resources, and leadership.

Types of Administrative Bodies

1. Sole Proprietorships and Corporate Bodies

2. Collective Bodies Classification:

  • State Government committees
  • Delegated government and governing bodies of Autonomous Communities
  • Governing bodies of local entities
  • Bureaucratic bodies
  • Administrative bodies

Structure of Collective Bodies

a) Chairman

  • Appointment: Designated according to procedure.
  • Functions:
    • Represents and communicates for the body.
    • Convenes and sets the agenda for meetings.
    • Ensures compliance
... Continue reading "Administrative Bodies: Structure, Functions, and Classification" »

Key Aspects of Employment Contracts and Labor Laws

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V1. Contract Work Definition

Contract work is a verbal or written agreement by which a person, the employee, voluntarily provides services to another person, the employer, under their direction, in exchange for remuneration.

V2. Emancipation and Marriage

According to the civil code, one of the reasons for emancipation is marriage by a minor.

V3. Collective Agreement and Probationary Period

If there is no collective agreement for a probationary period, it cannot be established in the employment contract.

V4. Worker Breaks

All workers will have a break of 15 minutes for every 6 hours of work, except where the contract states otherwise.

V5. Basic Copy of Employment Contract

The basic copy of the employment contract must be drawn up, even if there is no... Continue reading "Key Aspects of Employment Contracts and Labor Laws" »

Audit Resources and Report Guidelines

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MENTION THE PURPOSE OF AUDIT RESOURCES HUMANOS

Examine the area either generally or specifically for the purposes VERIFY COMPLIANCE WITH THE GUIDELINES ESTABLISHED POLICY SUCH AS: OBJECTIVES, policies, procedures, systems, regulations, CONTRACT, CIRCULAR, LEGAL. WINGS ON SOCIAL SECURITY, VIVIENDA AND SAVINGS, AS WELL AS THE WORK CLIMATE ETC.

MENTION THE PURPOSE OF AUDIT OF ABASTECIMIENTOS

IS CONSIDERED IN THE AREA GENERALLY OR SPECIFIC TO VERIFY THE EFFECT OF COMPLIANCE POLICY GUIDELINES FOR SUU ESTABLISHED ADMO OPTIMA AND GET PRODUCTS, GOODS OR SERVICES IN THE BEST CONDITIONS FOR ORG.

ASPECTS MENTIONED IN THE DECLARATION OF COMUNICACIÓN

CLARA.DIRECTA, FRONT AND CONVINCING.

SHOWS HOW YOUR AUDITOR PROFESIONALISMO

SHARE YOUR COMMENTS WHEN STAFF OF

... Continue reading "Audit Resources and Report Guidelines" »

Special Courts and Administrative Appeals in Chile

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1. What is a Conciliatory Commission?

For certain administrative disputes, the legislature has created special courts. For example, the Conciliatory Commission for Public Works Concessions settles claims and disputes between public works concessionaires and the Ministry of Public Works (Article 35 of the Concessions Law (DFL 164 of 1991)). The concessionaire may also choose to file a claim before the Court of Appeals of Santiago.

2. What is the Special Court of Appeals?

The Special Court of Appeals hears appeals of decisions made by the Regional Director of the Internal Revenue Service regarding real property valuation claims (Article 121 of the Tax Code). A controversial issue has been whether the Regional Director is considered a judge for tax... Continue reading "Special Courts and Administrative Appeals in Chile" »

Ius Commune: Origins, Features, and Evolution

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The Ius Commune diffused across various European territories without displacing existing laws. This diffusion was influenced by political factors, initially linked to the idea of a medieval empire reborn from the 11th century. Commentators reconstructed the figure of the emperor. The Ius Commune, essentially Roman and Canon law of the late medieval and modern Europe, primarily consists of 12th-century legal thought.

Key Features of the Ius Commune

  1. It encompasses both legislation and case law, emphasizing interpretation.
  2. It is casuistic, oriented towards practical solutions.
  3. It is a law of lawyers, a legal jurisprudence that solves issues for judges through legal interpretation. It is a law of jurists, not controlled by political power. It differs
... Continue reading "Ius Commune: Origins, Features, and Evolution" »

Mexican Agricultural Law: A Historical and Legal Perspective

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Introduction

This document explores the legal framework governing agricultural relations in Mexico, focusing on the interplay between individuals and collectives concerning land ownership and usage. It traces the evolution of agrarian law from pre-Columbian times to the modern era.

Key Subjects and Concepts

Individual Subjects

  • Ejidatario: A member of an ejido, holding rights to use and benefit from communal land.
  • Comunero: A member of a community with similar land rights as an ejidatario.
  • Sucesores: Successors or heirs to land rights.
  • Poseedor: Individual in possession of land, working it and recognized by the assembly.
  • Libre avecindado: Resident over 18 years old, living in the community for at least one year and recognized by the assembly.
  • Vecino:
... Continue reading "Mexican Agricultural Law: A Historical and Legal Perspective" »

Hart's Theory, Legal Consistency, Completeness, and Duty

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Hart's Theory: Order Sum Rules

Hart's theory distinguishes between primary and secondary rules. The first organized secondary rule gives unity. Recognition determines the characteristics that a standard should have to be considered as such. This is manifested in the everyday activity of judges.

Pre-existing Questions and Circularity

There are no problems with the circularity of the rule. To know who the judges are, one needs to know the rule of award, and this requires unity of the rule of recognition.

Plurality of Rules

It is not clear whether there are one or several rules. Principles are not identified, but are instead identified by axiological values.

Consistency

Consistency is the absence of antinomies, where two norms regulating the same course... Continue reading "Hart's Theory, Legal Consistency, Completeness, and Duty" »

Understanding English Conditional Sentences and Modal Verbs

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English Conditional Sentences

Conditional Sentences:

Type 1: Present Simple + Future Simple

This conditional expresses a condition that is likely to occur. The structure is: if + present simple, future simple. This indicates that if the condition is met, the result will happen. You can also use modal verbs or imperatives in the result clause.

Example: If I feel better later, we will go shopping together.

Type 2: Past Simple + Would + Verb

This type expresses hypothetical conditions referring to the present, which are unlikely to occur. Could and might can also be used.

Example: I would read more books if I had spare time.

Type 3: Past Perfect + Would Have + Past Participle

This conditional refers to something impossible in the past that cannot be changed.... Continue reading "Understanding English Conditional Sentences and Modal Verbs" »