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

Sources of Nationality

Sources of nationality for a natural person can be biological or political:

Biological Sources

Based on the fact of birth, there are two main theories:

Ius Soli:

Nationals of a state are those born within its territory, regardless of the nationality of their parents.

Jus Sanguinis:

Nationals of a state are those whose mother, father, or parents are nationals of that state, regardless of their place of birth.

Political Sources

Establish an artificial link between the individual and the state.

Letter of Naturalization:

Achieved through an administrative act for individuals who meet the legal requirements.

Naturalization by Statutory Grace:

Granted through a law to people who have rendered distinguished service to the country.

Domicile

Understanding Legal Timeframes

At the right time. The passage of time impacts the legal system. It is relevant for acquiring the capacity to act, acquiring subjective rights, determining when they can be exercised, and their extinction.

Difference and Concept: Term and Deadline

The exercise of a right is always bound to a term, which marks the start or end of something. It's the exact moment at which a given action may commence (e.g., "you have to present on day 1"). The opposite, a deadline, indicates the period within which an act must be carried out (e.g., "you have to present between the 15th and the 20th").

Therefore, in the exercise of a right, both terms and deadlines are directly connected with the concept of working and non-working days.... Continue reading "Understanding Legal Timeframes: Terms, Deadlines, and Computations" »

Leave of Absence for Family Care

Leave of absence for family care will not last more than 2 years to care for a family member up to the second degree of consanguinity or affinity.

Termination of Employment Contracts

The termination of an employment contract is the end of the employment relationship between the company and the worker. When the contract is terminated, the employer must provide the employee with the payment of the amounts in a document known as a settlement.

The termination of the contract can be for different reasons:

Termination by Mutual Agreement

When both parties decide to terminate the contract, the employee is not entitled to severance pay or unemployment benefits.

Termination at the End of a Fixed-Term Contract

The contract ends... Continue reading "Employment Contract Termination: Rights and Causes" »

The King of Spain: Roles and Functions

Constitutional Mandate (Article 56.1)

The King is the Head of State, a symbol of its unity and permanence. He arbitrates and moderates the regular functioning of the institutions and exercises the functions expressly conferred by the Constitution and the law.

Nature of Royal Functions

The King's functions are designed to fulfill his symbolic, arbitration, and moderating purposes. He may use his personal influence, information, and counsel within the scope of his authority. These functions establish the King as a unique entity, separate from the three classic powers of the state. The Constitution separates the Head of State from the Executive Branch.

General Tasks

The Constitution attributes general tasks to... Continue reading "The King of Spain: Roles and Functions in Government" »

1. Key Changes in Working Conditions
a) Substantial change in working conditions: Hours
b) Geographic mobility: Transfer
c) Functional mobility: Work in a higher category
d) Substantial change in working conditions: Remuneration system
e) Geographic mobility: Transfer
3. If you can refuse, you would receive an award of 20 days per year worked, with a maximum of 9 months.
4. You can claim to be denied jurisdiction. If injustice is declared, you are entitled to your previous conditions.
Another way is to compensate you with 20 days for each year worked, up to 9 monthly payments or 45 days maximum per year of 42 monthly payments if it affects the dignity and professional status of the worker (court order).
5.
a) Placement group: You are entitled... Continue reading "Understanding Labor Rights and Compensation in Employment" »

Modificación del Contrato Laboral

Movilidad Funcional

• Dentro del mismo grupo profesional o entre categorías profesionales equivalentes.
• Fuera del grupo profesional o entre categorías profesionales no equivalentes.

Movilidad Geográfica

Traslado Individual Definitivo

Opciones del trabajador:

• Aceptar el traslado.
• Extinguir el contrato (con indemnización).
• Impugnar ante la jurisdicción laboral.

Traslado Colectivo Definitivo

Desplazamiento Temporal

Modificaciones Sustanciales de Condiciones Laborales

Se consideran sustanciales los cambios que afecten a:

• Jornada de trabajo.
• Horario y distribución del tiempo de trabajo.
• Régimen de trabajo a turnos.
• Sistema de remuneración y cuantía salarial.
• Sistema de trabajo y rendimiento.
• Funciones (cuando excedan los límites

Crimes Against Honor

Title 11 of Book 2

The first two chapters refer to slander and insults, keeping a parallel structure. The last chapter includes a number of general provisions. Honor has traditionally been a legal right deeply rooted in our system, and this constitution recognizes it as a fundamental right.

Slander

It can be interpreted that aggravated slander is a form of *injurias*. According to Article 205, slander is the imputation of a crime made with knowledge of its falsity or reckless disregard for the truth. It is a form of injury sustained in the most serious of the charges that are made.

Classes of Slander:

• With advertising: That is, they have been released. Prison sentence of 6 months to 2 years or a fine of 6 to 24 months. The reason

Concessive Subordinate Clauses

Subordinate adverbial concessive clauses express an objection or difficulty to the action of the verb in the main clause, but do not prevent its fulfillment. They are introduced by conjunctions and conjunctive phrases such as *even though*, *although*, etc. These clauses may have fixed structures like *whatever*, *whatever I say*, *whatever I do*.

Verb Forms

A subordinate concessive clause can be constructed with the verb in the indicative or subjunctive mood.

Features

• Complement of Circumstance (CC): The subordinate adverbial concessive clause indicates a difficulty in fulfilling the predicate expressed by the main clause.
• Complement of the Sentence (CO): It expresses an objection to the statement in the main clause.

Habeas Corpus Procedure

The writ of habeas corpus is a constitutional right (Article 17). The detainee must be brought before a judge as soon as possible. It is a fast and simple procedure that reflects the right of any citizen to request an immediate appearance in court for arguments, after which a ruling is made on whether their arrest was legal or not.

Formal requests are not the only way to forward the request; a lawyer is not necessary. When does an arrest initiate the process of habeas corpus? When the detainee has not been read their rights, when the detainee is not in the place that legally pertains to them, or if there are delays in terms of temporary detention.

Jurisdiction for Habeas Corpus

The examining magistrate where the detained... Continue reading "Understanding Habeas Corpus, Police Certificates, and Catalan Autonomy" »

NOTE LESSON 05: PROPERTY

1. Concept

Property (derived from proprius, which belongs to one person) is the right that an individual or company has to use, enjoy, dispose of, or recover something from whoever owns or holds it (Article 1228, caput, Civil Code). This represents the most complete set of legal rights and the central right concerning things.

2. The Social Function of Property

The current Civil Code, Article 1228, § 1, reaffirms the social function of property as established in Article 5, XXIII of the Constitution and the City Statute (Law 10257/01).

2.1. Socio-Environmental Function

In fact, the Civil Code goes further, extending the social function of property to its socio-environmental function, providing for the protection of flora,... Continue reading "Understanding Property Rights: Definition and Elements" »