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

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" »

Effective Document Management: Archiving Essentials

Our archive serves as a comprehensive documentation center, enabling effective work processes. We offer a cost-effective service, ensuring seamless communication and rapid document retrieval.

Key Document Classification Criteria

Our archive should be established following clear classification criteria to meet its objectives:

• A file should not create confusion: criteria must be clear and unique.
• Any authorized person needing to access the file must understand its rules and organization.
• Documentation must be shelved following objective criteria.
• Documents are filed according to generic criteria.

Alphabetical Filing for Personal Names

To arrange names alphabetically, classify individuals by surname,... Continue reading "Mastering Document Management: Archiving Best Practices" »

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,

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

Social Security:

A set of rules and institutions aimed at assisting and protecting citizens against certain claims or states of need, ensuring their prevention.

Entities and Solicitors:

• INSS (National Social Security Institute): The organization responsible for the recognition and management of the right to economic benefits within the Social Security system during its contributory phase. It also recognizes the right to family benefits and healthcare, except for unemployment benefits. It manages the Social Institute of the Navy.
• IMSERSO (National Institute of Migration and Social Services): Manages the rights to economic benefits of the Social Security system during its non-contributory phase. IMSERSO is also responsible for managing complementary

Spanish Autonomous Communities

Overview of Autonomous Communities

Spain is divided into several autonomous communities, each with its own government and powers. These include:

• Andalusia
• Basque Country
• Catalonia
• Canary Islands
• Galicia
• Balearic Islands
• Navarra
• Valencia
• Castilla-La Mancha
• Aragon
• Castilla-Leon
• Extremadura
• Cantabria
• Madrid
• Murcia
• La Rioja
• Asturias

The President

The President of each autonomous community is elected by the assembly of deputies from among its members. The President's functions include:

• Directing the governing council
• Representing the autonomous community
• Summoning and dissolving the assembly
• Convening regional elections
• Appointing directors

Judiciary

The High Court of Justiciary is the highest court in each autonomous community. State law acts... Continue reading "Spanish Autonomous Communities and the European Union: A Guide" »

Expropriation

Expropriation is a singular public imperative affecting private property. It involves the forced transfer of ownership, sale, exchange, or temporary occupation of private property by reason of public utility or social interest, with monetary compensation or damages provided.

Constitutional Guarantees

• There must be a cause of public utility or social interest.
• Adequate financial consideration or compensation must be provided.
• The procedure must be performed according to the laws.

Subjects Involved in Expropriation

• Expropriating Administration: The State, province, or municipality.
• Beneficiaries: Those who benefit from the public utility or social interest project for which the property is acquired. This can be the administration itself

1st Period: Classical Liberalism or Constitutionalism

Ages:

As we increased the power of the king, some of the earliest antecedents of constitutionalism arose to limit royal power. For example, the Magna Carta, Habeas Corpus, and the Bill of Rights.

Start and Spread of Constitutionalism:

It begins: with the French Revolution and U.S. independence, leading to the birth of a system of laws based on tabs.

The spread: of constitutionalism stems from the ideas of Montesquieu (regarding the separation and balance of powers to avoid despotism). Its expression peaked in the U.S. Constitution.

This period was related to the 18th and 19th-century Enlightenment and Liberalism.

The Enlightenment: recognized that individuals and society predate the state and assigned... Continue reading "Constitutionalism: A Historical Overview" »