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

Commentary on the Law of July 21, 1876

This document provides an analysis of the Law of July 21, 1876, which details the consequences of abolishing the historical privileges in the provinces of Álava, Guipúzcoa, and Vizcaya.

This commentary will follow this structure: textual analysis and contextualization, concluding with a brief summary of the text's significance.

1. Location

a) Nature of the Text:

• By approach: Objective
• By content: Political
• By origin: Historical source

b) Authorship:

Individual. Officially authored by King Alfonso XII, but also signed by the President of the Council of Ministers, Antonio Cánovas.

c) Date:

July 21, 1876

d) Audience:

Public.

2. Analysis

The main theme of the text is the abolition of the privileges of the provinces of... Continue reading "Abolition of Basque Privileges: Law of July 21, 1876 Analysis" »

Challenging Regulations and Publication

Publication of regulations occurs in the corresponding Boletín Oficial. Challenges can be made before the competent judicial body according to the criteria of Article 8 ff. of the LJ [Ley de la Jurisdicción Contencioso-Administrativa].

A judgment pronounced on the validity of regulations takes full effect against third parties from its publication in the relevant Official Gazette.

Indirect Administrative Appeal

The indirect administrative appeal (recurso contencioso-administrativo indirecto) is brought against an act applying the regulation, which is relevant when one does not wish to challenge the regulation directly. The time limit is the standard one for administrative appeals. This action seeks the... Continue reading "Regulation Validity, Legal Challenges, and Law Hierarchy" »

The Spanish Constitution

The Spanish Constitution is the fundamental law of Spain. It was adopted by referendum on December 6, 1978, and published in the Official State Gazette (BOE) on December 29, 1978. The Constitution is divided into a preamble and ten titles, comprising 179 articles, plus four additional provisions, nine transitional provisions, one derogatory provision, and one final provision.

The Legislature

The State Legislature, the Cortes Generales, represents the Spanish people. The Cortes Generales are divided into two chambers: the Congress of Deputies (Congreso de los Diputados) and the Senate (Senado).

The Congress of Deputies

The Congress of Deputies represents the nation, and its members are organized by political parties. The... Continue reading "Spanish Constitution and Legislature: A Comprehensive Overview" »

Local Culture

Local culture refers to the shared beliefs, customs, and values of people inhabiting a specific geographical area.

Regional Culture

Regional culture encompasses the common culture shared by people within a larger geographical area, shaped by history and adaptation. Key features include:

• Inhabitants adapted to the geography, developing skills like ceramics, textiles, and jewelry making.
• Coexistence of various cultures with distinct traditions and customs within a region.

Cultural Diversity

Cultural diversity represents the multitude of ways different cultures express themselves. These traits are transmitted within and between groups and societies.

Identity

Identity is the sense of belonging to a particular community or people.

Belonging

Understanding Demonstrative Pronouns

Demonstrative pronouns in Portuguese help point out people or things in relation to the speaker and listener, or in text and time. Their main functions are:

Key Demonstrative Pronouns

• Este, Esta, Isto (This, These - near the speaker)
• Esse, Essa, Isso (That, Those - near the listener or recently mentioned)
• Aquele, Aquela, Aquilo (That, Those - far from both speaker and listener)

Uses of Este, Esta, Isto (This/These)

• Spatial Reference: Indicates something close to the speaker. Example: Este livro aqui é meu. (This book here is mine.)
• Textual Reference (Cataphoric): Refers to something that will be stated next. Example: Minha opinião é esta: devemos prosseguir. (My opinion is this: we should proceed.)
• Temporal Reference:

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" »