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

Item 2: Legal Issues on Company Sales

Sales

A sale is a legal transaction involving the transfer of property between a buyer and a seller.

Duties

The buyer's essential obligation is to pay for the acquired goods. The seller's obligations include:

• Delivering the goods
• Ensuring the goods are free of defects (both apparent and hidden)
• Protecting the buyer's right to the purchased item against legal challenges (eviction)
• Supporting the buyer in any new activity related to the goods
• Refraining from competing with the buyer

Seller Specialties

Sellers can specialize in various types of property, including real estate, personal property, industrial property, credits, debts, contracts, accounts, and customer bases.

Lease

A lease is a contract between a landlord... Continue reading "Legal Framework for Business Transactions and Commercial Law" »

Evidence and Proof in Legal Proceedings

Evidence: Procedural activity of the parties and the judge, directed towards making the latter's conviction about the truth or certainty of the facts asserted by the party, which takes place mainly in the trial. Only through the evidence carried out at the trial may the legal conviction be formed. The purpose of the evidence is essentially the facts.

Valuation of Proof

Valuation of Proof: The principle of free assessment of evidence, which conforms to the rules of logic, to the maximum of experience and accepted scientific knowledge.

Consequences:

1. The court has the obligation to reason or provide evidence to motivate the result in its sentence. There is no evidence worth more than another.
2. Neither the Supreme

The Greek Root of Democracy

In ancient Athens, the government was in the hands of all citizens.

Differences from Modern Democracy

• A basic difference is the size of communities. In ancient Greece, communities were small, and all their members were known.
• There were also compact and economically independent communities.
• They practiced direct democracy not only in deliberations and decisions but also in their implementation.
• Democracy constituted a way of life. Daily life mainly focused on political participation.

Similarities with Modern Democracy

• In the Athenian polis, rational argument was the foundation of all political power. Whoever exercised authority must always provide reasons acceptable to the public.
• There is a relationship between citizenship

Industrial Property (Commercial)

A set of intangible fixed assets affords legal custody to business owners, protecting the value of their assets and differentiating their companies within the market. Key elements include:

• Brand Name: Products or services identified by customers through brands.
• Industrial and Artistic Designs: Lines, shapes, colors, or elements that distinguish products (industrial design) and may include reproductions of artwork.
• Patents: Protect new inventions. There are three types of inventions:
  • Inventions of Order: Made by an employee during their contract term, specifically for the purpose outlined in the contract. The invention belongs to the employer, unless it is deemed significant, in which case the employee may be entitled

Sections and Polling Stations

Topic: The provincial/territorial division that ensures an orderly election day and provides citizens with information to exercise their vote.

The Table: The final place in the section where citizens cast their ballots. A section may have several tables, often divided by last name.

The board is composed of a president and two members. The municipality of the area organizes it. Members are appointed by lot from among designated persons in that section who are under 65 years old and literate. Those over 65 belong to the 3rd Age group.

The president must have a Bachelor's degree, vocational qualification, or graduate degree. A deputy chairman must also be elected.

Failure to attend by the president or members is a crime;... Continue reading "Understanding Electoral Sections and Processes" »

Expert Evidence and the Coroner

This section discusses the accuracy of underlying facts in criminal accusations, categorized by types of proof:

• Absolute Proof: By itself, defines the certainty of a legal fact.
• Evidentiary Proof: The conviction that facts bring to the expert.
• Non-Evidentiary or Relative Proof: That which does not establish certainty in expert evidence, leaving only a probability.
• Refuting Evidence: Having absolute value over all other evidence, sufficient to invalidate any positive finding.

Criminalistics and Legal Medicine

Criminalistics

According to Moreno and Gonzalez, Criminalistics is the discipline that applies the methods of natural science research in the examination of sensitive material significantly related to an alleged... Continue reading "Forensic Investigation and Expert Evidence" »

What is an Individual's Job?

An individual's job is one whereby an individual agrees to perform any work or provide professional services to another natural or legal person under the continuing dependence or subordination of this and through payment.

What are the Three Elements Essential to Ensuring an Employment Contract?

The three essential elements are:

1. The worker's personal activity is performed.
2. Continued subordination or dependency of the worker on the employer.
3. Pay for service as remuneration.

What is the Pattern Subject to When Establishing a Working Relationship with a Minor?

The pattern is subject to the fulfillment of all obligations of the contract. However, the official office of the Ministry of Labor may, ex officio or on application,... Continue reading "Understanding Labor Laws: Contracts, Rights, and Regulations" »

Item 6. SA and Limited Partnerships

1. Company Types

SA (Sociedad Anónima)

• Ideal for accessing capital markets.
• Mandatory for large companies.
• Minimum capital: €60,000.
• Partners choose the company's social purpose at incorporation.

Limited Partnership (Sociedad Limitada - SL)

• Suitable for small and medium-sized companies.
• Minimum capital: €3,000.

2. Characteristics of Corporations (SA)

1. Share Capital: Divided into shares, each representing a part of the social capital and granting ownership.
2. Social Capital:
   • Determined in the company's statutes.
   • Must be stable, with a minimum of €60,000.
   • If half the equity capital is lost, it may lead to bankruptcy.
   • Key Aspects:
     • Existence and Determination: Social capital must be established and divided into shares.
     • Stability

Commercial Documents

Bills of Exchange

Taxable Event: Refers to bills and documents that comply with a swivel function, i.e., remittance or money order.

Taxpayers: The drawer and others who draft documents issued.

Tax Base: Is rotated and takes the amount of the quota on a fixed scale.

Safeguards and Certificates of Deposit

Taxable Event: Issue or transfer of receipts or certificates of deposit.

Contributor: The issuer.

Tax Base: The nominal amount to determine the share, using the same fixed scale as for bills of exchange.

Form: Using a mobile ring (stamped paper can be purchased at newsstands). A receipt or certificate of deposit is a security issued individually and to the order. It concerns a bank deposit of a minimum amount, which is transferable... Continue reading "Taxable Events: Commercial and Administrative Documents" »

Actions and Characters:

• Equal Value: The shares will always be of equal value, expressed in Argentine currency.
• Different Kinds: The status can provide different kinds with different rights; within each class, all shares will carry the same rights. It is void otherwise.
• Individuality: The shares are indivisible.
• Joint Ownership: If there is joint ownership, condominium rules apply. The company may require unification of the representation to exercise the rights and fulfill social obligations.

Shares and Securities:

• Titles: Titles may represent one or more actions and be:
  • Bearer: The rights are acquired by mere possession.
  • Nominative Endorsed to the Order: Extended on behalf of a particular person and can be transmitted by endorsement.
  • Registered Non-