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

Credit Instruments

The instruments most commonly used in exchanges between companies are the bill of exchange, checks, and promissory notes.

Bill of Exchange

A bill of exchange is a commercial document whereby a person, the drawer, orders another, the drawee, to pay a certain amount of money on a particular date. The payment of the bill of exchange can be made to the drawer or a third party called the beneficiary, payee, or holder, to whom the drawer has sent or endorsed the bill of exchange.

• The drawer: Is the person who is a creditor of the debt and who issues the bill of exchange.
• The drawee: Is the debtor who must pay the bill of exchange. The drawee may accept or reject the payment order given by the drawer, and if they accept it, they are

The American Revolution: Birth of a Nation

The American Revolution was a conflict between thirteen British colonies in North America and Great Britain between 1775 and 1783. From this process, a new nation emerged. The new state that emerged from the revolution settled on a set of values and institutions inspired by liberal thought. According to them, at birth, anyone has a series of guaranteed natural, individual, and transferable rights: life, liberty, equality, property, the right to overthrow an unjust government, legal defense, and freedom of expression, association, and the press. These rights were enshrined early in the Declaration of Independence (Philadelphia, July 4, 1776), written by Thomas Jefferson, and the Virginia Declaration... Continue reading "American Revolution: Birth of a Nation & Its Constitution" »

Item 4 - Politics: The Art of Directing and Organizing the State

Politics is the art of directing and organizing the polis (the state).

• Rules: They seek to regulate the behavior of human freedom to achieve certain values.
• Institution: Systems organized in society, permanently, which aim to meet certain needs. Examples of institutions are the institution of marriage, unions, etc. Institutions are regulated in turn by norms.
• State and Types: Partnerships with institutions that manage political power. There are three types: slave, feudal, and modern.
• Modern State: It can be defined as a social institution with universal jurisdiction. It is a source of legality, has a monopoly of coercive power, and is sovereign.
• Absolutism: A government system in which

Fungible and Infungible Assets Explained

ITEM 19 Expendable and Expendable INFUNGIBLE ASSETS are those that can be replaced by other homogeneous assets equivalent to each other and covered by their characteristics or generic qualities. Example: money, a book.

Infungible goods are those that are identified in any legal relationship taking into account their own characteristics, which need not occur in the remaining assets of the category. Example: a book dedicated by the author or a particular box.

YOUR MONEY AS WELL AS CONSUMABLES is a unit of measure of value that is given to things in the market. The importance of money is not in its consideration as a thing, but for being a medium of exchange and payment. Money is a material thing, currency... Continue reading "Fungible vs. Infungible Assets" »

Understanding Civil Status

Civil status is a quality people possess through which they contract rights and obligations.

Different Types of Status

• Single
• Married
• Widowed
• Divorced
• Child
• Legitimate child
• Recognized natural child
• Recognized cohabitation

Acquiring or Amending Status

Status can be acquired or amended through:

Legal Acts

Events where the will of the people participates, e.g., marriage, divorce.

Legal Facts

A fact which does not involve the will of the people and has legal impact, e.g., birth, death, majority.

Court of Law

A decision made by a judge after a process. Can modify status, e.g., an adoptive child becoming legitimate (adoptive legitimation), divorce.

Characteristics of Marital Status

1. Inherent: Inherent in the human person.
2. Imperative: Cannot

Basic Working and Employment Conditions for Temporary Workers

Member States may, after consultation with social partners at national level and on the basis of an agreement concluded by them, establish provisions concerning the basic working and employment conditions which derogate from the principle established in paragraph 1. Such arrangements may include a deadline to achieve equal treatment. The provisions referred to in this paragraph shall comply with Community law and be sufficiently precise and accessible to allow sectors and enterprises concerned to identify and meet their obligations.

Social Security and Other Schemes

Member States shall specify whether social security schemes, including pensions, cash benefits for sickness, or financial... Continue reading "Temporary Worker Rights: Conditions, Access, and Equal Treatment" »

Effects of Obligations in Law

This section outlines the fundamental aspects and consequences related to legal obligations.

Compliance with Obligations

• Effective implementation of the provision.
• The allowance is indivisible.
• The active subject of compliance is the debtor.
• Payment by a third party is possible.

Time and Place of Performance

Their determination is crucial for declaring default by either the debtor or the creditor.

• Creditor's Mora Provision: Deposit in court at the disposal of the creditor and debtor to give and receive the benefit.

Understanding Default

Default signifies a breach of obligation. It can be:

• Absolute Default: Inability to execute future benefit.
• Relative Default: Compliance outside or in part, which can be rejected by the creditor.

Obligations

• General obligations
• Real right: It is one that directly and immediately gravitates on a certain thing, and that requires everyone's equal respect, but purely passive.
• Credit or personal law: It is a special relationship between two specific individuals, one of whom may require the other, determined to provide what under common law is due.

Example: Right to ownership, right to credit a sum of money due to us under a loan.

• The requirement: A link right on the necessity compels us to pay for a thing. The creditor is the active subject of the relationship, and the debtor has liabilities. The lender expects or hopes that the debtor complies with what has been committed to.
• Elements of the obligation: It has two subjects, one active and

Classes of Official Duties

Economic, non-economic, and social union.

A) Economic

Officials are entitled to basic pay, salary and bonuses, triennial bonuses, and additional remuneration for extra allowances, specific productivity, and gratuities.

B) Non-economic Rights

At the office, career development, appropriate treatment, dignity and privacy, leave, etc.

C) Trade Union Rights

To self-organize, to strike, and trade union participation and representation.

D) Social Rights

Contingencies and benefits in general, basic and complementary.

Duties of Officials

The duties of officials are understood as the legal obligations they have regarding the services provided in public administration.

Classes of Duties of Officials

From a moral, professional, and political... Continue reading "Official Duties and Rights in Public Administration" »