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

Legal Obligations: Definition & Elements

A mandatory legal relationship exists between two or more persons, where one can require the other to perform a certain prestation (performance).

Aspects of Legal Obligations

• Active: A person's right to require another to perform a specific benefit.
• Passive: The corresponding duty of another person to perform the required prestation.

Elements of Legal Obligations (3)

• Subjects: Can be natural or legal persons. The Creditor has the right to require the performance, and the Debtor must make the provision.
• Object: The benefit or behavior that the creditor has the right to demand from the debtor.
• Legal Link: The legal relationship connecting the two subjects, where one party must satisfy the creditor's benefit.

Searle's Distinction: Meaning and Communication Intentions

Searle argues for a crucial difference between the intention of communicating meaning and the intention of meaning itself. This distinction is key to understanding his critique of traditional theories of meaning.

The Intention of Meaning

The intention of meaning, according to Searle, is the need to assign a reference to a signifier. This intention can be approached in two ways:

• Descriptivist Theories: These theories, focused on the descriptive content of an element, struggle with the problem of identity. The descriptive content can often overflow the element itself, making it difficult to establish a clear identity.
• Referentialist Theories: These theories, also known as traditional theories,

Error of Law

Error of law is the ignorance of the law or its interpretation. It does not invalidate a contract. Article 141 of the LICC (Law of Introduction to the Civil Code) requires good faith. Article 141 - Transmission of the will by an intermediary may be canceled. Article 142 - Does not become addicted when... Article 143 - The miscalculation is accidental.

Deceit (Dolo)

Dolo is the error caused by the bad faith of others.

• Principal Deceit: Represents the determinant of the transaction.
• Incidental Deceit: Not a decisive reason for the legal business. It only requires the satisfaction of losses and damages.
• Positive Deceit: Resulting from an action.
• Negative Deceit: Resulting in an omission.
• Bilateral Deceit: Given the bilateral turpitude, deceit

UN Resolution on Spain (1946)

This document is an argumentative expository text of a political nature. It is a resolution, an agreement and policy statement adopted by the United Nations on December 12, 1946, signed by the UN General Assembly, representing the member countries.

This resolution recognizes the fascist and unrepresentative nature of the Franco regime, deeming it unacceptable at the UN. It recommends that countries isolate themselves from Spain while this situation persists.

Reasons for Isolating Spain

The resolution is based on several factors:

• An authoritarian government centered on Franco.
• A single far-right party, the FET de las JONS.
• Severe political repression against those opposing the regime.

The resolution criticizes Franco's... Continue reading "Franco's Spain: UN Resolution and International Isolation" »

The Spanish Transition to Democracy

The transition process began with the death of General Franco. With the enactment of the last fundamental laws of the 1967 Franco-era Organic Law of the State, the problem of succession arose, and thus the continuity of the authority system. The former King, Don Juan Carlos, was appointed successor as head of state, and President Carrero Blanco's government was appointed. New facts arose that made the survival of the Franco regime irreversible: the assassination of Carrero Blanco in 1973, economic transformation involving changes in society, both in the active population and in customs and ideas, the transformation of the Catholic Church, and the conversion of the Greek and Portuguese dictatorships into democracies.... Continue reading "Spanish Transition to Democracy & Rule of Law" »

Private Crime

1. Identification

Unlawful conduct affecting the field of tested and were initially suppressed by revenge.

2. Types

Furtum (Theft)

Different cases of damage to things that limited property rights, without violence. The owner was granted action against the thief.

Rapina (Robbery)

Property damage with violence. Action of stealing with violence.

Injury

Serious bodily injury, injury to organs of the body (300 and 150 aces), slapping (25 aces), the law of retaliation.

3. Subjects

Active

Victim of the illegal act.

Passive

The author of the crime should have the ability to understand and love.

4. Actions

Urged a covenant, but applies the lex talionis (eye for an eye, tooth for a tooth).

Only a limited subset of torts is included in the enacted law. The... Continue reading "Roman Law: Crimes, Torts, and Quasi Contracts/Delicts" »

Sources of Spanish Labor Law

The Spanish legal system is structured in order of importance regarding labor law:

1. European Union Law

   The Community Charter of Fundamental Social Rights of Workers states the rights to be enjoyed by workers, including: free movement, fair wage, improvement of working conditions, social protection, collective bargaining, and vocational training.

2. The Spanish Constitution

   Establishes the fundamental rights applicable to workers in the workplace.

3. International Labour Organization Conventions and International Treaties

   Harmonize working conditions.

4. Laws and Rules with the Force of Law

   These include organic laws, ordinary laws, and decree-laws.

   The Workers' Statute is the basic rule in labor law, regulating labor rights and duties,

argumentative communication: is what is intended

present a reasoned opinion.

Communicative acts: oral: Conversations: partners

express ideas or views. Exhibition: lawyers to

the court.'s speeches politicians. Debates: in the media.

Press conferences: Disclosing characters in social policy

or in sport. Roundtables: involving experts

Interviews: personality. Écrit: articles of opinion:

media (editorials, columns etc). Letters to the editor: the

newspapers. Books of claims. Tries: all literature

didactic or ideas. Instances: citizens are directed to the

administration stating their reasons for attending

make a request. Resolutions: décison taken x some

government agency. Case law: judges

out the grounds for its decision. Argumentative texts

... Continue reading "Law 19983 on" »

Constitutional Principles of Taxation

A) Measurement Principle: Economic Capacity

The measurement principle of economic capacity establishes that the contribution of citizens should attend to their economic capacity, thereby establishing a principle of equal treatment in matters of tax implementation. The legislative power to tax can never be without regard to economic ability. This measurement principle imposes taxes based on the pursuit of wealth.

B) Measurement Principle: Material Equality

The measurement principle of material equality aims to promote the eradication of inequality from the fiscal perspective.

C) Measurement Principle: Generality

Equality must be promoted for all, sustained under the criteria of sovereignty and territoriality.... Continue reading "Constitutional Principles of Taxation: A Comprehensive Analysis" »

Contract Suspension and Workplace Mobility

2.0 Suspension of the Work Contract: This refers to the temporary suspension of work provision without the labor contract being terminated. Kinds of suspension:

2.1 Mutual Agreement of the Parties

The worker and employer must agree on the suspension.

2.2 Temporary Disability

This includes situations of common or professional disease, or while receiving social security assistance.

2.3 Maternity, Paternity, Adoption

The contract may be suspended in such cases.

Features:

• Maternity: 16 weeks of uninterrupted suspension.
• Paternity: 13 days, extendable by 2 more days per additional child.
• Pregnancy Risk: Suspension ends when the risk is over.
• Breastfeeding: Suspension ends when the infant reaches 9 months.

2.4 Public