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

Entrepreneurship: The Autonomous Individual

An autonomous individual is a person who engages in economic activity, managed by their own organization and acting in their own name for all operations. This individual is responsible for their business and its outcomes.

Characteristics of an Autonomous Individual

1. Legal and Physical Person

An individual can be a physical person, meaning they exist naturally and possess rights and obligations. Alternatively, they can be a legal person, which also has rights and obligations within the legal framework.

2. Individual Status: Owner vs. Employee

• Individual (Self-Employed): Owns their work and reaps the benefits.
• Individual (Employee): The fruits of their labor are not their property; they receive a salary.

Item 1: Employment Relationship

Conditions of Employment:

• Personal: Work carried out by the individual.
• Volunteer: Work done voluntarily.
• Employed: Work done under the employer's direction.
• Employment: Workers get paid for their work.
• Dependent: Subject to the employer's rules and obligations.

Failure to meet one of these conditions means it is not an employment relationship.

Relationships Not Considered Employment:

• Public officials (working for the state or autonomous region).
• Mandatory personal benefits.
• Work done out of friendship (helping a neighbor with a move).
• Family work (working with your father without receiving remuneration).
• Self-employment.
• Commercial agents.

Special Industrial Relations:

• Household services, athletes, entertainers, individuals

Understanding Occupational Safety & Health

Costs Associated with Workplace Incidents

• Medical expenses
• Benefit allowances
• Disruption of production
• Material costs
• Cost of days not worked
• Corporate responsibility

Techniques for Preventing Work-Related Damage

Prevention techniques can be broadly categorized into two areas:

• Acting on Health: Involves medical techniques.
• Acting on the Work Environment: Involves non-medical prevention techniques.

Preventive Medical Techniques

• Preventive medical examinations
• Preventive medical treatments
• Professional aptitude assessments (choice of profession)
• Health education

Non-Medical Prevention Techniques

• Job security measures
• Workplace hygiene
• Ergonomics
• Psychosociology
• Education and training
• Social policy initiatives

Employer and

The European Commission

• Headquarters in Brussels, Belgium.
• Main executive body of the EU, responsible for implementing decisions of the Parliament and the Council.
• Has representation in each of the 27 member states.
• A new Commission is appointed every 5 years, proposed by member state governments.
• Defends the general interests of the Union.

Main Features

• Proposes the elaboration of legislative texts.
• Runs and enforces EU law.
• Represents the EU in international organizations.

The Council of the EU

• Headquarters in Brussels, Belgium.
• Integrates a government representative from each member country.
• Chaired every 2.5 years by the president of a member country's government.
• Presents to member state governments.

Main Functions

• Decides with the Parliament on the adoption

Contractual Consent

• Consent: Consistency or agreement between declarations of intentions of the parties listed in the contract. At least two statements are required:

Essential Elements of Consent

• Statement of intent to offer: A person proposes an undertaking or a contract to another.
• Statement of willingness to accept: A reply to the statement of intent, accepting the contract offer.

Contractual knowledge must be produced regarding the object and the cause of the obligation.

Fundamental Principles

• Freedom of Content: Parties can set the terms they want, provided it is not against the law, morality, or public order. (Article 1255 of the Civil Code: The contracting parties may establish the covenants, terms, and conditions as they see fit, provided

Sex Offender Typologies: Groth, Holmes, and Scully

Nicolas Groth's Typologies: Key Components

Groth identified key components in the psychology of sex offenders:

• Hostility: Violation involves more violence than necessary, with sexual arousal stemming from the aggressor's display of strength and anger towards women.
• Power: Seeking sexual conquest to assert identity.
• Sadistic Rape: Premeditated aggression where inflicting injury on the victim causes sexual tension. This is the most dangerous type.

Bridgewater Treatment Center (1969): Four Groups of Violators

• Violators of Displaced Aggression: Desire to humiliate the woman, employing sadistic techniques like tying and wounding. The victim is random, similar to Groth's sadistic rapist.
• Compensatory Violators:

Unit Representatives

Unit representatives represent all workers, union delegates, and representatives within the same sections.

Collective Agreement

Collective agreements, provided by Articles 82 to 92, are agreements between worker representatives and employers. They define working conditions, salaries, and other terms, even for non-mandatory attributes (where negotiation is allowed).

Who Negotiates?

• Business/Entrepreneur Level: Unit representatives.
• Specific Worker Categories (e.g., Iberia pilots): Union sections negotiate for the entire group, not just members.
• Business Sector (Industry Unions/Associations): The most representative unions/associations.

Agreement Application

The agreement applies to all workers and covers working conditions, salaries,... Continue reading "Worker Representation and Collective Bargaining Essentials" »

Understanding Business Legal Forms: Pros and Cons

Characteristics of a Civil Company

• Unlimited liability
• Minimum 2 partners
• No minimum capital requirement
• Taxation: Personal income tax
• Social security: Freelance contributions
• Name: Free choice with the addition of "SC" (Sociedad Civil)

Advantages and Disadvantages of Choosing a Legal Form

Sole Trader

Advantages:

• Simpler constitution procedures compared to other legal forms.
• No minimum capital requirement for establishment.
• Taxed under personal income tax, with potential tax benefits for lower income brackets (up to 35%).
• The employer retains total control over the company.
• Public assistance may be available for establishment.

Disadvantages:

• Employer's liability is unlimited, risking personal capital.
• Establishment

Marital Status: A Comprehensive Legal Definition

Definition

Marital status refers to the legal standing of an individual in relation to marriage and family. It defines the rights and obligations a person has within these contexts.

Different Civil Statuses

• Single
• Married
• Divorced
• Widowed
• Concubine
• Natural Son
• Legitimate Son
• Recognized or Unrecognized Son

How to Modify Marital Status

Marital status can be modified through the following:

• Voluntary Acts: These are actions taken by individuals that produce intended legal effects. Examples include marriage, voluntary recognition of natural children, and repudiation of recognition.
• Legal Facts: These are events independent of an individual's will that have legal consequences. Examples include birth and death.

Labor Conflict Resolution: Negotiation and Litigation

650. Juridical Conflict: Negotiation and litigation.

651. Conflict of interest.

652. Bargaining and union struggle.

653. Legal representation, trade unions, and the most representative business associations.

Addressing the Labor Authority

654. Writing.

655. To the labor authority.

656. 3 days.

657. To respond.

Mediation and Arbitration in Labor Conflicts

658. Intervention of a person or institution that proposes solutions for the parties to resolve the conflict.

659. Intervention of a person or institution that tries to get the parties to resolve the conflict themselves.

660. Intervention of a person or institution that requires the parties to settle the conflict.

661. Not in both cases; the person or... Continue reading "Labor Conflicts, Strikes, and Lockouts in Spain" »