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

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Choosing Your Business Structure: S.L. vs. S.A. Company Types

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Limited Liability Company (S.L.)

A capitalist company structure, ideal for businesses with a limited number of partners and moderate capital requirements.

General Characteristics of an S.L.

  • The number of partners can be one or more. Single-member companies are known as sole proprietorships.
  • The partners' liability is limited to their capital contribution; they are only responsible for the capital invested.
  • The share capital is divided into shares. It must not be less than €3,000. At the time of incorporation, the capital must be fully subscribed and paid; no unpaid liabilities (unpaid portions) are permitted. Capital can be contributed in cash, property, or rights.
  • The corporate name must be followed by "S.L." or "S.R.L." (Sociedad de Responsabilidad
... Continue reading "Choosing Your Business Structure: S.L. vs. S.A. Company Types" »

Spanish Social Security System: Registration and Benefits

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System Security: Prevention and Relief

The security system is an integrated package for the prevention and relief of personal risks through individualized and measurable economic benefits.

General System Eligibility

  • Persons aged 16 years and foreigners residing in Spain.
  • Employed workers, salesmen, bullfighters, artists, professional athletes, prisoners, clergy.
  • Individuals working in roles that necessitate inclusion in special work schemes.
  • Individuals with marginal employment that does not constitute a primary way of life.

Special Arrangements

  • Agrarian workers.
  • Self-employed workers (autónomos).
  • Special Scheme for domestic employees.
  • Special Scheme for coal mining.

General Social Security Scheme

A) Company Registration

Any employer recruiting workers... Continue reading "Spanish Social Security System: Registration and Benefits" »

Essential Social Security Regulations for Domestic Workers

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Basic Rules
The basic rules to follow in terms of Social Security (SS) are as follows:

  1. General Law SS: RD 1 / 1994 of June 20th.
  2. Law of PGE: Drafted annually.
  3. Rules of Contributions to the SS: Drafted annually.
  4. Fiscal, Administrative, and Social Order: Annual production.
  5. General Regulations for Charging the SS System.
  6. RD 1637/1995: 6 October.
  7. General Rules of Trading, Settlement, and Other Rights of the SS: RD 2064/1995.
  8. General Regulations on Disposal of Businesses, Affiliation, High, Low, and Variation Data of Workers in the SS.
  9. RD 84/1996: 26 January (Family Conciliation Act: Act No. 39/1999. Act for Effective Equality Between Men and Women: Law 3 / 2007).
  10. Measures to Improve Family Protection: DR. 1 / 2000 of 14 January.
  11. Rules of the CCAA.
  12. Conventions
... Continue reading "Essential Social Security Regulations for Domestic Workers" »

Spanish Constitutional History: 1812, 1837, and Regional Laws

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Modification of Laws of October 25, 1839

Navarre

The Navarre Commission consulted the government and courts. The Treaty Law (1841) retained its civil law and maintained self-government in fiscal and military matters.

Basque Provinces

The Basque Provinces did not attend the consultations. In 1841, moderate Basque deputations supported a finding that failed, leading Espartero to decree the abolition of privileges. In 1844, there was a partial restoration of privileges (moderate) because the earlier decree was intended as punishment to prevent discontent and curb the radicalism of the progressives.

  • Restored juntas and county councils, but with fewer powers.
  • Restricted the political powers of the chief (mayor).
  • Customs and rural transit duties were not
... Continue reading "Spanish Constitutional History: 1812, 1837, and Regional Laws" »

EU State Aid System: Competition and Market Integrity

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The System of State Aid Under National and Community Law

When economic incentives are addressed to business and productive sectors, the forecasting and granting of aid are subject to effective limits arising directly from Community law. Given its impact on free competition and the proper functioning of the market, supranational interventionism is necessary when creating a single market. Each State granting financial assistance for its productions and companies can erect an insurmountable obstacle to achieving this single market.

ECA Framework and Control

The European Court of Auditors (ECA) established a regulatory framework for national economic and financial aid aimed at preserving the minimum requirement of "negative integration" for the community... Continue reading "EU State Aid System: Competition and Market Integrity" »

Marriage Record Requirements and Procedures

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Specific Content of Marriage Records (Art. 89)

The marriage record, or minutes, must contain the following specific information:

  1. The full name, identification (ID), age, profession, place of birth, and address of each of the parties.
  2. The full names, professions, and domiciles of the father and the mother of each of the parties.
  3. The declaration made by the husband and wife, confirming their intent to marry.
  4. The statement made by the contracting parties regarding the recognition of children, if applicable.
  5. The full name, identification (ID), age, profession, and address of each of the witnesses.

Provisions for Deaf or Mute Parties in Marriages

In cases involving deaf or mute individuals, their expression of consent must be in writing if they are able... Continue reading "Marriage Record Requirements and Procedures" »

Understanding Subordinate Clauses: Adjective and Adverbial Types

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Substantive Clauses

Substantive clauses function as nouns or noun phrases within a sentence. Nexus: that, if, interrogative pronoun.

Adjective Clauses (Relative Clauses)

Adjective clauses modify nouns, just like adjectives. The noun being modified is called the antecedent. Adjective clauses are also known as relative clauses because they are introduced by relative pronouns, adjectives, or adverbs.

Links:

  • Relative pronouns: who, whom, whose, which, that
  • Relative adjectives: whose
  • Relative adverbs: where, when, how, why

Types of Adjective Clauses:

Restrictive (Defining) Clauses

Restrictive clauses limit or define the meaning of the noun they modify. They are essential to the sentence's meaning.

Example: Students living far away arrived late. (This limits... Continue reading "Understanding Subordinate Clauses: Adjective and Adverbial Types" »

Spanish Public Administration: Roles and Processes

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Civil Servants (Funcionarios)

Individuals employed in public administration roles, operating under a statutory appointment. This typically involves permanent service and a fixed salary. They may serve the administration on a temporary or statutory basis.

Selection Systems

  • Opposition (Oposición): Candidates undergo one or more tests to demonstrate their capacity for the vacant position.
  • Contest (Concurso): Candidates are selected based on the assessment of their merits (e.g., experience, qualifications) without competitive examinations.
  • Contest-Opposition (Concurso-Oposición): A combined procedure involving both the assessment of merits and the successful completion of specific tests.

Career Progression

Professional Classification

Jobs are classified... Continue reading "Spanish Public Administration: Roles and Processes" »

Labor Law: Collective Conflict, Contracts, Working Time & Social Security

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Collective Labor Conflict

Conflict collective work:

  • Agreement between the parties: voluntary.
  • Reconciliation: the parties agree to a third party to intervene to facilitate negotiations but with no decision power.
  • Mediation: the parties agree to a third party to intervene and offer settlement proposals, but that third party has no decision power.
  • Arbitration: a third party intervenes and the arbitrator imposes a solution.

Working Time, Breaks and Shifts

Labor Weather: (working time and related rules)

Daily and Weekly Limits

  • Day: up to 40 hours per week.
  • Maximum per day: 9 hours per day, respecting required breaks.

Breaks and Rest Between Shifts

  • Breaks within the day: 15 minutes; this applies when the workday continues beyond six hours.
  • Rest between shifts:
... Continue reading "Labor Law: Collective Conflict, Contracts, Working Time & Social Security" »

Essential Safety, Business & First Aid Information

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First Aid Procedures

PAS: Protect, Alert, Assist

Protect: Prevent further accidents. This includes:

  • Visibly signal the accident site.
  • Cut off electric power if machinery is involved.
  • Divert traffic away from vehicles.

Alert: Notify emergency services. To express with clarity and precision, state where you are calling from and indicate the exact location.

Assist:

  • Check if the injured person is breathing or bleeding.
  • Speak to them to see if they are conscious.
  • Check for a pulse.

Prioritizing Injured Persons

Order of priority for assisting injured persons:

  1. Unconscious, without breath or pulse.
  2. Severe wounds or heavy bleeding.
  3. State of shock.
  4. With open wounds.
  5. Serious injuries.
  6. Fractures, eye burns.
  7. Remaining casualties.

Triage

Classification of injuries to separate... Continue reading "Essential Safety, Business & First Aid Information" »