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

Understanding Universal Suffrage

Universal suffrage refers to the exercise of the right to vote. Historically, voting methods have varied:

• Census Suffrage: A formula that restricts voting rights only to citizens who meet specific income and asset requirements and contribute taxes.
• Universal Suffrage: Grants the right to vote to all citizens, subject only to age and nationality requirements.

This method of voting, strongly advocated by democratic liberalism, was first exercised in Spain during the Constituent Assembly elections in 1869, though it was initially limited to men over 25 years of age.

Defining the Constitution

A Constitution is the fundamental law governing the organization of a state. It establishes the rights and obligations of citizens,... Continue reading "Key Political Concepts in 19th Century Spain" »

Efficiency of Space Standards

Application of standards in space involves legislative diversity across states. This requires a range of principles and rules to determine jurisdiction when foreign law applies as national law. This is the subject of private international law.

The civil code sets out the principles for this branch of law, also called conflict rules. These rules solve problems where foreign law must be applied alongside national law.

The rules are based on two principles:

• Territorial Principle: Always applies the national law of the territory, even with foreign elements.
• Personal Principle: Applies the personal law of the subject, even if the event occurred in Spain and the subject is foreign.

Based on the personal principle, Spaniards... Continue reading "Private International Law: Conflict of Laws and Analogy in Legal Systems" »

Understanding Employee Compensation

Wages in Kind

This refers to salary paid to the employee in the form of products or services. Such payments cannot exceed 30% of the employee's total compensation.

Non-Wage Payments

These are payments not considered wages and include:

• Indemnities or Allowances: Received by the worker to cover costs incurred as a result of work activities.
• Social Security (SS) Benefits: Amounts received by the worker from the Social Security system.
• Allowances for Removal, Suspension, or Dismissal.

Deductions

These amounts decrease the wage received and represent mandatory contributions to Social Security (SS) and Personal Income Tax (PIT).

Social Security Procedures

The company has two main obligations towards the Social Security system:... Continue reading "Employee Payroll, Benefits, and Separation Procedures" »

The Spanish Constitution of 1876: Structure and Impact

The Electoral Process and Adoption

In December 1875, elections for the Constituent Assembly were called by universal suffrage, as required by the existing Constitution of 1869. However, the election was already rigged to ensure a broad majority for the government's candidates. Not surprisingly, months later, a text based almost entirely on the ideas of Cánovas was adopted.

Key Characteristics and Ideology

The 1876 Constitution is a flexible text designed to enable stable governance for the parties accepting the system (known as turnismo). However, its inspiration is fundamentally doctrinaire and conservative.

Declaration of Rights and Limitations

The declaration of rights and duties is broad,... Continue reading "The 1876 Spanish Constitution: Shared Sovereignty and Conservative Reform" »

Geographical Mobility: Transfers and Displacement

Transfers

A transfer involves moving an employee to another permanent workplace that necessitates a change of residence. Causes must be economic, technical, organizational, or production-related. The employer must communicate this move to the worker and their legal representatives 30 days before the effective date of the transfer.

Displacement

Displacement refers to moving a worker to another temporary workplace. This must be communicated early enough; it cannot be less than 5 days if the displacement is less than 3 months.

Effects and Causes of Suspension

Effects

Suspension results in the temporary disappearance of work obligations and the wage, along with the right to return to the reserved workplace.... Continue reading "Understanding Employment Contract Modifications and Termination" »

Understanding Key Labor Law Concepts

Concept of Labor Law

Labor Law is a body of law that governs the relationship between employers, employees, and labor organizations. It is a set of principles and institutions that regulate labor relations. The primary subject matter of labor law is human labor.

What is the CLT?

The CLT (Consolidation of Labor Laws) is a foundational legal framework in Brazil, comprising a compilation of existing labor legislation at the time of its creation.

Distinguishing Work Relationships and Employment Relationships

The employment relationship is a specific type of work relationship, characterized by certain key elements. While a work relationship is a broader concept (the genus), the employment relationship is a specific... Continue reading "Essential Labor Law Concepts for Employers and Employees" »

Employment Contract D — Practical Training

Employment Contract D (Practical): These contracts aim to provide adequate professional practice courses attended by employees.

Duration and extensions

Duration: Minimum 6 months and maximum 2 years. Up to 2 extensions are permitted.

Probation and compensation

Probation period: 2 months; for graduates or trainees it may be 1 month.

Wages and benefits: Minimum 60% (reference). Remuneration—75% in the first and second year (as indicated).

XA Contract — Training

XA Contract (Training): Its purpose is the acquisition of the theoretical and practical training necessary and associated with a trade or profession.

Requirements

Requirements: Age: 21 years (reference appears as "21 years suspended").

Duration and

Lending

Fungible Tooling

• Transfer of ownership
• The borrower is only relieved by restoring the very thing borrowed.
• Transfer of a third thing is prohibited.

Mutual Loan

• Real, non-fungible items
• Consumer Loan
• Transfer of ownership
• Allows the sale of the thing loaned
• The borrower is relieved by restoring something of the same species.

Objective Theory: To give someone a property that is just as good because it appears that whoever has possession has the animus, or the will, to keep the good.

Subjective Theory: For someone to have ownership of something, they must have the body (a thing) and the animus (willingness to keep the good).

Transfer of possession and charging for it is not lending but a rental.

Deposit

Concept: A contract whereby a contractor (receiver)... Continue reading "Lending, Deposit, and Mandate: Key Legal Concepts" »

Customs: It is an agency of a national service provider whose activities are intended to achieve control over national territory regarding foreign goods, national or nationalism, made according to legal regulations.

Importance of Customs

Customs serves a dual purpose:

1. Commensurate resources to the Treasury (finance ministry).
2. Monitor and protect the existing relationship with the laws applying to foreign trade.

Customs Administration

This action aims to facilitate and control entry and exit in the national territory of goods, to international traffic and transportation, and to implement the legal regime to which any merchandise is subjected, as well as professional supervision of real estate interests and fiscal control.

Authorities

The organization... Continue reading "Understanding Customs: Roles, Functions, and Importance" »

Legal Effectiveness of Collective Agreements

Rules Governing Legal Effectiveness (Important)

Collective agreements oblige all employers and employees within their scope throughout their time of validity (vigencia).

Effects of Collective Agreements

1. Implementation of Mandatory and Automatic Terms: This excludes the possibility of establishing employment contracts worse than the agreement, emphasizing the indispensability of the collective agreement.
2. Application of the Principle of Publicity: The agreement must be published in the corresponding Official Gazette.
3. Contractual Liability: If the agreement is breached, contractual liability is individually enforceable judicially.
4. Challenging on Appeal: There is the possibility of challenging the agreement