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

Administrative Procedure (Proc. Adm.)

The formal series of events in which specific administrative action is carried out to achieve a purpose.

Elements of the Administrative Procedure

1. Reaching administrative activity determined by fixing the alleged facts that the procedure should start from.
2. Participation of a plurality of subjects or organs that have a particular intervention in the administrative procedure.
3. Need to adopt certain forms of action.
4. Participation of people with the condition of different parties in the proceedings where the Administration is acting.

Purpose of Administrative Procedure

• Guarantee of Citizens: The administrative procedure serves as a guarantee against potential abuses by the Public Administration.
• Administrative Efficiency:

Article 12: Appealing a Claim for Loss or Lack of Chilean Nationality

A person affected by an administrative act or decision that deprives them of Chilean nationality, or where such nationality is unknown, may appeal, in person or by anyone on their behalf, within thirty days, before the Supreme Court, known as a full court jury. The appeal will suspend the effects of the act or resolution appealed.

There can be no rule of law if the state is not subject to the law. Administrative acts are the only actionable complaints.

Analysis of Article 12

It would be more accurate to refer to the affected Chilean individual as the person affected by the act or resolution (issued by administrative or legislative authority). The challenged act pertains only... Continue reading "Chilean Nationality and Citizenship" »

Worker Rights and Social Security Benefits

When dismissal procedures occur, these typically include: a) A letter of dismissal; b) Compensation, depending on the type of dismissal.

Essential Documents for Workers Upon Dismissal

In addition to dismissal-related paperwork, workers should request the following important documents:

• Certificate of Service: This document reflects the duration and nature of service a worker has provided to the company.
• Certificate of Business: This certificate includes identification data for both the company and the worker, along with contributions for common contingencies and unemployment over the last 180 days, relevant for unemployment benefit claims.

Understanding the Social Security System

The Social Security Framework

The... Continue reading "Social Security System: Benefits, Modalities, and Worker Documents" »

Administrative Contracting: Principles and Requirements

Government contracts must conform to the principles of openness, competition, equality, and non-discrimination.

Key Requirements for Administrative Contracts:

• Responsibility of the contracting authority
• Contractor's ability and qualifications
• Clear determination of the contract scope
• Transparent pricing mechanisms
• Existence of credit application processing
• Effective enforcement provisions
• Approval of expenditure
• Proper execution of the contract

Modes of Procurement Management

Different methods are employed for awarding administrative contracts:

Auction

The administration imposes specific conditions, and contractors are invited to offer the best financial bid. The contract is awarded based on the most... Continue reading "Administrative Contracting: Principles, Methods, and Contract Types" »

Legal Business Organization

A company is a set of tangible and intangible assets whose primary objective is to achieve an economic objective.

The legal system, in regulating business, offers two main options:

Single Enterprise vs. Joint Venture

Single Enterprise

Refers to an individual who develops a business. In this case, the employer is often confused with the company.

Joint Venture

Consists of a fictitious person composed of natural persons, possessing legal personality and its own patrimony. This category includes different types of companies covered by law, such as limited liability companies, partnerships, and public limited companies (SA). Currently, there is also the Individual Limited Liability Company.

Defining the Sole Trader

When we discuss... Continue reading "Legal Business Structures and Trader Obligations" »

Understanding Mutuals for Work Accidents and Occupational Diseases (AMTSL)

Mutuals for Work Accidents and Occupational Diseases (AMTSL) are non-profit associations approved by the Ministry of Labor and Social Security (MLSA). Formed by entrepreneurs, they assume the responsibility of collaborating in the coverage of work accidents and occupational diseases, and where applicable, economic benefits for temporary disability due to common contingencies, sharing costs and expenses. This requires that the associate has exercised an option in this regard. Additionally, Mutuals play an important role in the prevention of occupational risks (Art. 32 LPRL).

Legal Framework

• Articles 68 et seq. of the General Social Security Law (LGSS).
• Regulations approved

Physical Infrastructure

Physical Location: We will analyze the available space, access for equipment and personnel, power plants, thermal conditioning, and available security features.

Infrastructure

• Computers (Characteristics)
• Computer Platforms (Operating systems, available software, and application development)

Connectivity Infrastructure

• Equipment and Connectivity Resources
• Services Offered
• Population Served

Software Acquisition: 7 Main Factors

• Assign Staff
• Prepare Lists of Requirements
• Requisition for Proposals (RFP)
• Evaluate Alternatives
• Contact Users to Confirm
• Financing for the Acquisition
• Contract Negotiation

Considerations for Software and Hardware Acquisition

• Form an Assessment Team
• Take into Consideration all Requirements and Restrictions
• RFP

System

Understanding the Spanish Limited Company (SL)

Legal Framework and Definition

• The Limited Company (SL) is primarily regulated by Law 2/1995 of March 23 on Limited Companies and Law 7/2003 on New Limited Companies (SLNE).
• An SL is a company constituted by one or more partners, who can be either individuals or legal entities. It requires a minimum capital of €3,002.06, which is divided into shares, and features limited liability.
• The Limited Liability Company (SRL/SL) is a common legal form for businesses in Spain.
• Its regulations are flexible and adapted to current business needs.

Key Characteristics of the SL

• Limited Liability: The liability of partners is limited to the capital contributed; they are only liable for the capital invested.
• Capital

Autonomy of Procedural Law

The Electoral Process: Autonomous Stages (Aftalion Vilanova)

Divisions of Autonomy

I. Legislative and Jurisdictional Autonomy

1. Through the issuance of electoral LGMIL.

II. Academic and Professional Perspective

This autonomy is evident through the generation of essays, monographs, conferences, and theses on electoral procedure for bachelor's, master's, and doctoral degrees.

III. Scientific Autonomy

1. It provides finality to acts not challenged within their respective districts, ensuring legal certainty and security.
2. Another purpose of electoral procedural law is to ensure that acts or resolutions of the authority are subject to the law.

Rules Governing Electoral Procedural Law

Electoral procedural law is governed by its own rules.... Continue reading "Electoral Procedural Law: Autonomy, Sources, and Jurisprudence" »