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

Negotiating Tables for Public Administration Staff

For the negotiation of the terms of public administration work, a general table of negotiations is formed within the field of state administration, as well as in each of the Autonomous Communities and local bodies responsible for determining the working conditions of staff in relevant areas. These will later form the sectoral collective bargaining tables and determine working conditions in the following six sectors:

• Teaching staff in university schools.
• Non-personal services in Public Administration.
• Staff for public health administration.
• Public Administration staff.
• Service staff for universities.
• Central Public Administration and managing bodies of the Social Security.

Powers and Meeting Frequency

Modification and Termination of Obligations

Obligations can undergo two types of modifications:

1. Subjective Change

This occurs when the legal relationship changes the debtor or the creditor.

• Changing the Debtor: Fulfillment will be carried out by someone other than the original debtor, provided the creditor consents.
• Changing the Creditor: This can occur without the consent of the debtor.

2. Objective Modification

This involves changes to the situational elements of the obligation, such as a change in the location or time of performance.

Assignment of Commercial Contracts

In commercial practice, the Civil Code (CC) does not explicitly regulate this issue. However, according to jurisprudence, assignment is admissible under Section 1.255.

Requirements

- National sovereignty resides in the Spanish town. (The laws are determined through representatives in Parliament).
- The Constitution is based on the indissoluble unity of the Spanish nation. (The territory cannot be separated) (Indissoluble: you cannot separate).
- The way politics is the parliamentary monarchy. (The form of government in which the king serves as the Head of State under the control of the legislature (Parliament) and judiciary (government), that is, the King reigns but does not govern).
- Castilian is the official state language. The other Spanish languages are also official in their respective autonomous communities.
- The state capital is the city of Madrid.
- Citizens and public authorities are subject to the Constitution

Royal Decree 1201/1981: Correctional Regulations

Summary of Offenses and Disciplinary Actions

Article 108: Very Serious Offenses

• Participating in riots, collective disturbances, or inciting them if they have occurred.
• Assaulting, threatening, or coercing any person within the establishment, or authorities, judicial, or penal institution personnel. This includes actions both inside and outside the establishment if the inmate was out for a legitimate reason, and applies to those acting in their official capacity or in connection with it.
• Grave assault or coercion of other inmates.
• Active and serious resistance to compliance with orders from authority or officers in the lawful exercise of their powers.
• Attempting, facilitating, or committing evasion

Key Elements for Starting a Business

The key elements to creating a business are: an enterprising idea and a well-defined business plan.

Tip: Satisfy a need by addressing specific customer requirements. Differentiate your business through price, practicality, ease of use, technical advantages, psychological appeal, or social impact.

Types of Business Structures

Sole Proprietorship

A sole proprietorship is a business owned and run by one person where there is no legal distinction between the owner and the business. The individual, with legal capacity, acts on their own behalf or through representatives, engaging in commercial, industrial, or professional activities regularly. They are responsible for fulfilling all obligations with their assets,... Continue reading "Business Structures: Key Elements and Legal Forms" »

Sources of Law and Legal Precedent

The legal system relies on various sources to establish rules and interpretations:

• Law: Any written rule of law prevails over other written or unwritten sources.
• Custom: A practice repeated due to certain conduct, carried out with the intention of creating a legal obligation.
• General Principles of Law (PG Law): These are the foundations and pillars upon which legal rules are constructed. They are inspired by Morality, Justice, and Equity. These principles are of direct application, often complementing or interpreting the law.
• Jurisprudence (Decisions): Joint statements issued by the Supreme Court on similar facts, which set precedent and provide a consistent response.
• Legal Doctrine (Scientific Doctrine): Joint

Understanding Mortgages: Security and Rights

A mortgage is a real right of security established on a property, which remains in the debtor's possession, to guarantee a cash credit. It functions as a security interest. Mortgages apply specifically to property.

Key Characteristics of a Mortgage

• Accessory: It is an accessory right because if the principal obligation it guarantees is extinguished, the mortgage is also extinguished.
• Indivisible: Each part of the mortgaged property, and every part thereof, is liable for the payment of the entire debt and each share of it.
• Conventional: It arises from an agreement between parties.
• Formal: It must be executed by a public deed and registered at the land registry.

Effects of a Mortgage

The owner continues in... Continue reading "Key Real Estate Security Interests & Property Rights" »

Understanding Essential Business Documents

Order: A document detailing the items a customer demands and the conditions of purchase. Through this order, it is communicated to the selling company that a good or service will be acquired.

Waybill: A document that details and justifies the delivery of goods made to the customer.

Invoice: A document that legally proves services rendered or the sale of goods.

Types of Payments & Checks

Cash Payment: A payment that takes place at the same time as the delivery of goods or services.

Term Payment: A payment that is made at a later, agreed-upon time.

Understanding Checks

Check: A document instructing a financial institution to pay a certain sum of money to the person designated as the payee or the bearer.

• Bearer

Formal Institutional and Public Writing

These documents are addressed to procedures related to public institutions. They are official and governed by specific rules regarding their wording and format. These may include the following:

• Note

  Texts similar to letters, used for requesting or reporting information. In some cases, they serve as a courtesy. These documents are read, answered by third parties, and filed in folders.

• Reporting

  Contains detailed information about a specific activity or event.

• Public Documents and Official Publications

  Documents issued by government entities that report on matters of general interest.

• Technical Writing

  Documents adhering to the formal requirements of a specific specialty or field.

• Forms

  Printed texts used to collect

The Question of Unconstitutionality

Along with the recurso de inconstitucionalidad (r. of i.), the question of unconstitutionality (c. of i.) is the instrument envisaged in our Official Journal (OJ) for the control of the constitutionality of laws. It is regulated in Article 163 of the EC and Articles 35 et seq. of the Organic Law of the Constitutional Court (OLCC).

Subject and Scope

• Subject: The Judge.
• Re: The challenged law: its application to the use case and the validity upon which the ruling depends.

Initiation by the Court

According to Article 163 EC, when a court considers, within a process, that a regulation having the force of law applicable to the case, and whose validity depends on the decision, may be contrary to the Constitution, it... Continue reading "Constitutional Review of Laws in Spanish Jurisdiction" »