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

Legal Facts

Events that matter to the law, producing a legal effect, i.e., as a result of the fact, a right is born, modified, or terminated. For example, in a contract of sale, the buyer acquires the right to demand the purchased item, and the seller acquires the right to demand payment. A debtor, by paying cash (which must be money or an equivalent), extinguishes their obligation to the creditor.

Legal Person

A legal person (or corporation) is a subject of rights and obligations, not physically present as an individual human being, but as an institution created by one or more individuals to fulfill a role. In other words, a legal person is any entity with the capacity to acquire rights and incur obligations that is not a natural person. Thus,... Continue reading "Foundational Legal Concepts Explained" »

International Labour Organization (ILO): History and Mission

• The ILO is the international organization responsible for drawing up and overseeing international labor standards.
• It is the only tripartite United Nations specialized agency that brings together representatives of governments, employers, and workers to jointly shape policies and programs promoting decent work for all.

Key Milestones in ILO History

• 1919 – ILO was created as part of the Treaty of Versailles that ended World War I, to reflect the belief that universal and lasting peace can be accomplished only if it is based on social justice. The ILO was formed in order to press for social reform in employment practices.
• The ILO has made significant contributions to the world of work

Civil Law Basics

Key Concepts and Definitions

Individuals and Entities

Population

Any person or entity who acquires or uses a product or service as an end user.

Supplier

Any person or entity, public or private, domestic or foreign, involved in the production, assembly, creation, construction, processing, import, export, distribution, or marketing of products or services.

Advertising and Marketing

Misleading Propaganda

Any advertising that is wholly or partly false or capable of misleading consumers about the nature, characteristics, quality, quantity, properties, origin, price, or any other details of the products.

Tampering

Discriminatory advertising of any kind that incites violence, exploits fear or superstition, profits from the inexperience of children,... Continue reading "Civil Law Basics: Concepts and Definitions" »

Contract Amendments, Suspensions, and Termination

An amendment of contract is the alteration or modification of benefits or conditions agreed upon in the contract.

Types of Contract Amendments:

• Functional Mobility: When a worker goes to functions other than those initially agreed upon.
• Geographical Mobility: Occurs when a change in the workplace requires a change of residence.
• Temporary Displacement: A temporary change of workplace and residence.
• Final Service: A permanent or long-term change of workplace and residence.

Substantial Modification of Working Conditions:

(Refers to basic elements of the employment contract)

• Workshop
• Hours
• The regime shift work
• The remuneration system
• The system of work and performance
• Mobility extraordinary functional

Suspension

Disentailment by the Cortes of Cadiz (1811)

In 1811, the Cortes of Cadiz addressed the pressing public debt problem. While bankruptcy was considered, a group of deputies successfully passed a decree. This decree stipulated that affected land rents would be used for debt payment.

This marked the first general disentailment statute of the nineteenth century, though its practical application was limited. During the Liberal Triennium, disentailment law was restored. In 1820, all monasteries of the monastic orders were suppressed. With this decree, disentailment was no longer limited to partial measures but was pursued with greater resolve.

Mendizábal's Disentailment & Reforms

Juan Álvarez Mendizábal, a key figure in Spanish disentailment, participated... Continue reading "Spanish Disentailment Laws: 19th Century Reforms" »

Obligations II: Final Exam

Item 1: Compulsory Force Contracts

Compliance with Express and Implied Contract Terms:

• Explicit Terms: Provisions clearly stated in the contract, leaving no doubt in interpretation.
• Implied Terms: Assumed to be part of the contract, though not formally expressed, and subject to interpretation.

Revocation of Contract by Mutual Consent

Contracts can be terminated by the will of all parties involved. If created by mutual consent, it can only be dissolved similarly.

Revocation of Contract by Unilateral Will

In certain contracts, legislation allows termination by one party's will, sometimes inalienable. Examples include leases, employment contracts, dissolution of societies, donations, and sales with repurchase agreements.

Good

Collective Bargaining and Agreements

Collective bargaining: A written agreement detailing the terms and conditions of employment, conducted between a corporate employer or organization and a workers' representative organization.

Collective agreement:

1. A collective agreement is reached when a majority vote is obtained from each negotiating party.
2. To be legally binding, the agreement must be written.
3. The agreement must be submitted for registration with the competent authority within 15 days of signing.

Performance Strikes: Requirements

1. Declaration: A direct declaration of a strike by employees.
2. Communication: Notification to the employer and labor authority representatives, with 5 days' notice (calendar days) and 10 days' notice if they are public sector

The Derived Constituent Power: Reforming the Constitution

A constitutional text is implemented, and with diverse content in place, legislatures begin every four years, and elections are called. A constitution lasts for the duration; there is no deadline.

The EC (presumably, the existing constitution) should ensure stability and a standard duration through rigid constitutional mechanisms.

To change the EC, one has to modify it and create another. Legal norms are norms amending constitutions, flexible, but usually not changed like the rest of the rules. They establish special mechanisms to stiffen constitutional amendment. This is implemented in two ways:

Intangibility clauses: For example, the German constitution cannot be reformed in ways that... Continue reading "Constitutional Reform: Understanding Derived Constituent Power" »

The Concept of Economic Constitution

The elements that define a state as social, with the exception of the fourth (exclusive to our country), are generally reflected following the Second World War.

The Economic Constitution is understood as part of the formal constitution, comprising items intended to regulate different aspects of the social state, such as fiscal measures and economic policies.

In our Constitution, this part holds great importance, mainly due to the significant influence of center-left forces during its creation. Consequently, the Economic Constitution in our country is quite broad.

In addition to the aforementioned problems of interpretation within the context of an economic crisis, the idea of a social state, and Spain's membership... Continue reading "Understanding the Economic Constitution: Key Principles" »