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

1977 General Elections and Aftermath

General elections were held on June 15, 1977. Election Day passed with absolute normality and a high turnout. The victory went to the Union of the Democratic Centre (UCD), which secured 166 seats, leaving the Spanish Socialist Workers' Party (PSOE) in second place. The so-called "Parents of the Spanish Constitution" were appointed by leaders of different parties: Manuel Fraga from the People's Alliance, Miquel Roca representing the Catalan minority, Gregorio Peces-Barba from the PSOE, Gabriel Cisneros, Pedro Pérez Llorca, and Miguel Herrero y Rodríguez de Miñón from the UCD, and Jordi Solé Tura from the Communist Party of Spain (PCE).

The Courts elected on June 15, 1977, were not formally constituent... Continue reading "Making of the Spanish Constitution of 1978" »

Compound Sentences

A compound sentence is formed by two or more independent clauses. Each part of the sentence has its own subject and predicate, and each clause expresses a complete thought. These clauses are typically joined by coordinating conjunctions or punctuation.

Juxtaposed Sentences

Juxtaposed sentences are a form of coordinated propositions. They form a rhythmic period and are separated by punctuation marks, most frequently commas.

Coordinated Sentences

Coordinated sentences can be further divided into subtypes:

• Copulative: Express a sum or series of actions. Copulative conjunctions that join them are "and", "which", and "not".
• Adversative: Express opposition between two ideas.
• Disjunctive: Express mutually exclusive actions (using "or").

Corporations

Corporations are voluntary associations seeking to provide benefits for themselves or company profits. There is no mercantile community of goods based on a contract where particular property is owned undivided by multiple people.

• Minimum Social Capital: Did not exist.
• Minimum Capital: Did not exist.
• Taxed: Income tax.
• Social Security: General/Autonomous Regime.
• Naming: Common name + CB

Civil Society

A civil society is a partnership agreement where two or more persons pool resources, property, or industry to share profits.

• Minimum Partners: 2.
• Tax: Personal Income Tax.
• Social Security: Autonomous.
• Naming: Free name + SC

Rights and Obligations

Rights

• Participate in activities.
• Elect or be elected to positions in social agencies.
• Make proposals and

Antijuricidad: Definition and Types

Antijuricidad refers to typical behavior that harms or endangers a legal right and is not authorized by law. There are two types of antijuricidad:

• Material Antijuricidad: Focuses on the social harm caused by the behavior.
• Formal Antijuricidad: Focuses on the behavior's contradiction with civil mandates and prohibitions, specifically the absence of express statutory authorization (justification) for the harmful conduct.

Absence of Illegality

Legal grounds for justification generally involve:

• Lack of interest (e.g., Section 141).
• The existence of an overriding interest (e.g., defense of necessity, duty, legitimate exercise of a position, authority, or office, and failure of just cause).

Justification: Legitimate Defense

Legitimate

The Cortes of Cádiz: Forging Spanish Liberalism (1808-1814)

In September 1808, the Cortes of Cádiz were convened, marking a pivotal moment in Spanish history. Initially, they operated as a single chamber, representing a significant step towards liberal governance and a challenge to the absolute monarchy.

Foundational Principles of the Cortes

During its inaugural session, the Cortes of Cádiz approved the fundamental principle of national sovereignty. This declared that power resided in the Spanish nation and was to be expressed through its representatives in the Cortes. The opening address, notably influenced by figures like Diego Muñoz Torrero, articulated the core tenets of the new political order:

• Separation of Powers: Distributing governmental

Illegal Labor Transfer: Key Legal Aspects

Our legal system strictly prohibits the hiring of temporary workers with the intent to transfer them to another company, unless this process is carried out through duly licensed temporary employment agencies. This practice involves an interposition in recruitment, where an employer uses services, and another entity appears as the sole employer of these workers.

Defining Illegal Assignment

In general terms, jurisprudence understands that an illegal assignment occurs when the supposed contracting company (the "assignor") appears to lack its own structure, assets, real estate, or business organization, thereby concealing a mere provision of manpower.

However, an illegal assignment can also occur even if the... Continue reading "Spanish Labor Law: Illegal Transfer & Contracts" »

ROAC Registration and Auditor Career Path

Registration in the ROAC (Registro Oficial de Auditores de Cuentas - Official Registry of Account Auditors) - Career Path: Title empowering to college, specific theoretical course, theoretical examination of professional qualification, practical training (8 years, five of them as qualified personnel), practical test of professional qualifications, and registration in the ROAC. Attitude tests are performed in a single call, at the proposal of biennial corporate auditors.

Independence, Integrity, and Objectivity (Second ICAC Rule)

The auditor will maintain a position of absolute independence, integrity, and objectivity. The ICAC is the standard of the duty of independence. To ensure independence, the LAC... Continue reading "ROAC Registration and Auditor Career Path in Spain" »

Mancipatio

Procedures

It is based on a formula. The declaration of the formula is made by the mancipio accipiens (the person who wants to buy the thing). It is an act performed per aes et libram (with copper and balance). From the appearance of currencies, the balance is no longer used as coins are utilized. Declarations are made by both the transmitter and the buyer. In a solemn declaration (nuncupatio), the transmitter makes solemn declarations before the formula.

Actions

Two types of actions are generated:

• Actio ex stipulatu: This is given in favor of the buyer when the seller has declared an extension over the real estate building being conveyed. It replies to twice the value of the missing part.
• Actio de auctoritatis: This occurs when a third

The Spanish Constitution of 1978

Origins and Historical Context

This document, Text 12, is a primary source concerning the Spanish Constitution of 1978, focusing on politic-juridic (law) themes. It was created by seven individuals representing various political forces: Miguel Herrero de Miñón, Gabriel Cisneros, and José Pedro Pérez-Llorca (UCD); Gregorio Peces-Barba (PSOE); Pauline Julien (PCE); Manuel Fraga (AP); and Miquel Roca (Catalan nationalists). These individuals were appointed in August 1977 to draft the constitution.

The context is the period following the death of the former dictator (Franco) and the appointment of King Juan Carlos in 1978. After the government was constituted, the Law for Political Reform was passed, establishing... Continue reading "Key Aspects of Spain's 1978 Law" »

Instruments for Dispute Resolution in Social Courts

Parties may obtain the revocation or cancellation of dispute resolution instruments (orders, cars, and especially sentences).

Rating

1. Facing Final Decisions

A. To Include Replenishment Orders or Orders and Pleading

In front of judgments or orders, supplication and appeal for unification of doctrine, or ordinary cassation complaint may be possible.

B. Resolutions

Firm but no appeal review.

2. Specific Legal Resources

R. Reposición (Replacement)

(451a454 LPL 184a186 LEC) May be filed against orders or orders given in social courts unless terminated by the same body that handed down the decision against the measure that solves no appeal except when complaint or supplication is expressly provided for.... Continue reading "Legal Instruments for Dispute Resolution in Social Courts" »