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

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" »

Understanding Justinian's Legal Masterpiece

The Digest: A Complex Compilation

The creation of the Digest, completed in just three years, has sparked numerous scholarly debates. The German author Bluhme attributed this rapid completion to his "theory of the masses," suggesting a highly organized, almost pre-digested, body of material. However, other scholars, such as Hoffmann and Peters, strongly disagree with Bluhme's thesis. Hoffmann argued that Justinian's compilers already possessed well-organized material. Peters went further, asserting the existence of significant precedents and believing the work was largely complete as a private collection before its official compilation.

Another significant challenge presented by the Digest involves the... Continue reading "Justinian's Legal Legacy: Decoding the Corpus Juris Civilis" »

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" »

Ordinary Trial: Discussion Phase

• Initiation (judicial order)
• Notice (personal or by public edict)
• 15-day term for Plaintiff's Reply (dilatory exceptions)
• 6 days for Rejoinder
• 6 days for Surrejoinder
• Conciliation

Conciliation Phase

• Evidentiary Stage begins
• Evidence received
• Judicial Order for Evidence [20 days]
• 5 days for witness list submission
• Day 20: Conclusion of Evidentiary Stage
• 10 days for observations on evidence
• Parties summoned to hear the case
• [60 days] Case Deliberation

Judgment

• Notification by writ
• 10 days for appeal

Regular Trial for Major Claims

• Initiation: Preliminary measures requested (Article 254 CPC)
• Initial review for admissibility (claim may not be immediately processed)
• Resolution admitting the claim for processing ('transfer' order)
• Applicant

Labor Law and the Legal System

Law consists of a series of rules and principles that the State may impose coercively if not fulfilled voluntarily. These serve to regulate the interests that arise in any society, guaranteeing mutual coexistence.

Sources of Law

Sources of law refer to the origins or foundations from which legal norms derive.

Interpretations of Sources

• Material Source: Refers to the legislative body or social group (e.g., businesses, trade unions, parliament) from which a norm originates. For example, the material source of a law is the Parliament where it is created, or for a collective agreement, it's the parties who subscribe to it.
• Completeness of the Regulatory System: The legal system cannot exist without regulation. In cases

Ius Civile and Ius Honorarium

The Ius Honorarium, also known as Honorarium IUS, refers to the body of law created by the Praetor and other judges. This system prompted the Ius Civile to adapt to the evolving social and legal landscape of Rome. The Honorarium IUS is rooted in the potestas of the Roman magistrate, stemming from the edicts of judges, particularly the Praetor.

In contrast, the jus civile is a legal framework that primarily regulates relations between cives (Roman citizens). Originating in ancient Rome, it was initially known as IUS QUIRITARIUM, the right of the Quirites, the first inhabitants of Rome.

The Antagonism Between Ius Civile and Ius Honorarium

The tension between ius civile and Ius Honorarium arises from legal, political,... Continue reading "Roman Law: Ius Civile and Ius Honorarium" »

Current Accounts: Understanding Their Function

Current accounts (C/C) serve as a fundamental commodity in trade relationships with clients. They are useful for individuals and companies that perform numerous payments, charges, and manage various debts and obligations. The primary goal is often profitability without the money itself being the priority.

Practically, these accounts often do not generate significant interest for account holders. Through the delivery of checks, credit, and other payment methods, depository institutions provide detailed statements of account movements.

Conceptually, a bank current account is an irregular deposit contract for money, a pact with additional services provided by the financial institution. Through a current... Continue reading "Current Accounts and Checks: Your Banking Essentials" »