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Administrative Bodies: Structure, Functions, and Classification

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Public Administration Bodies

Administrative Doctrine: An administrative body is an organizational unit, distinct from a legal person's apparatus, responsible for specific functions. These bodies operate under regulations outlining their powers, functions, resources, and leadership.

Types of Administrative Bodies

1. Sole Proprietorships and Corporate Bodies

2. Collective Bodies Classification:

  • State Government committees
  • Delegated government and governing bodies of Autonomous Communities
  • Governing bodies of local entities
  • Bureaucratic bodies
  • Administrative bodies

Structure of Collective Bodies

a) Chairman

  • Appointment: Designated according to procedure.
  • Functions:
    • Represents and communicates for the body.
    • Convenes and sets the agenda for meetings.
    • Ensures compliance
... Continue reading "Administrative Bodies: Structure, Functions, and Classification" »

Key Aspects of Employment Contracts and Labor Laws

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V1. Contract Work Definition

Contract work is a verbal or written agreement by which a person, the employee, voluntarily provides services to another person, the employer, under their direction, in exchange for remuneration.

V2. Emancipation and Marriage

According to the civil code, one of the reasons for emancipation is marriage by a minor.

V3. Collective Agreement and Probationary Period

If there is no collective agreement for a probationary period, it cannot be established in the employment contract.

V4. Worker Breaks

All workers will have a break of 15 minutes for every 6 hours of work, except where the contract states otherwise.

V5. Basic Copy of Employment Contract

The basic copy of the employment contract must be drawn up, even if there is no... Continue reading "Key Aspects of Employment Contracts and Labor Laws" »

Fundamental Concepts in Criminal Law

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Understanding Core Criminal Law Concepts

Formal Criminal Law

Formal legal norms define and regulate specific human behaviors. These norms are extensive and visible, outlining the legal aspects that are proper and exclusive to certain actions. Formal criminal law specifically identifies human behaviors (crimes and misdemeanors) that result in a unique legal effect, namely the imposition of a penalty or security measure by the Criminal Law (DP).

Substantive Criminal Law

Substantive criminal law is an autonomous sector of the legal system, belonging to public law. It protects fundamental interests of individuals and the community by threatening or imposing punishment for behaviors that endanger these interests. It documents behaviors that go against... Continue reading "Fundamental Concepts in Criminal Law" »

Audit Resources and Report Guidelines

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MENTION THE PURPOSE OF AUDIT RESOURCES HUMANOS

Examine the area either generally or specifically for the purposes VERIFY COMPLIANCE WITH THE GUIDELINES ESTABLISHED POLICY SUCH AS: OBJECTIVES, policies, procedures, systems, regulations, CONTRACT, CIRCULAR, LEGAL. WINGS ON SOCIAL SECURITY, VIVIENDA AND SAVINGS, AS WELL AS THE WORK CLIMATE ETC.

MENTION THE PURPOSE OF AUDIT OF ABASTECIMIENTOS

IS CONSIDERED IN THE AREA GENERALLY OR SPECIFIC TO VERIFY THE EFFECT OF COMPLIANCE POLICY GUIDELINES FOR SUU ESTABLISHED ADMO OPTIMA AND GET PRODUCTS, GOODS OR SERVICES IN THE BEST CONDITIONS FOR ORG.

ASPECTS MENTIONED IN THE DECLARATION OF COMUNICACIÓN

CLARA.DIRECTA, FRONT AND CONVINCING.

SHOWS HOW YOUR AUDITOR PROFESIONALISMO

SHARE YOUR COMMENTS WHEN STAFF OF

... Continue reading "Audit Resources and Report Guidelines" »

Special Courts and Administrative Appeals in Chile

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1. What is a Conciliatory Commission?

For certain administrative disputes, the legislature has created special courts. For example, the Conciliatory Commission for Public Works Concessions settles claims and disputes between public works concessionaires and the Ministry of Public Works (Article 35 of the Concessions Law (DFL 164 of 1991)). The concessionaire may also choose to file a claim before the Court of Appeals of Santiago.

2. What is the Special Court of Appeals?

The Special Court of Appeals hears appeals of decisions made by the Regional Director of the Internal Revenue Service regarding real property valuation claims (Article 121 of the Tax Code). A controversial issue has been whether the Regional Director is considered a judge for tax... Continue reading "Special Courts and Administrative Appeals in Chile" »

Constitución 1812 y Regencias Liberales

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Constitución de 1812: Características

  • División de poderes:
    • Poder Ejecutivo: Recae en el rey y sus ministros, con poderes limitados. El rey tiene Cortes. El gobierno por el Directorio participa en la elaboración de leyes.
    • Poder Legislativo: Recae en unas Cortes unicamerales, elegidas cada dos años por sufragio universal.
    • Poder Judicial: Los tribunales ejercen este poder.
  • Amplia declaración de derechos y libertades: igualdad ante la ley, inviolabilidad del domicilio, libertad de imprenta, libertad de expresión, etc.
  • Religión de Estado: La religión católica es la oficial y el Estado se compromete a mantenerla.
  • Forma de gobierno: Monarquía constitucional.
  • Funciones de las Cortes: Elaboración de leyes, votación de presupuestos, intervienen
... Continue reading "Constitución 1812 y Regencias Liberales" »

Ius Commune: Origins, Features, and Evolution

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The Ius Commune diffused across various European territories without displacing existing laws. This diffusion was influenced by political factors, initially linked to the idea of a medieval empire reborn from the 11th century. Commentators reconstructed the figure of the emperor. The Ius Commune, essentially Roman and Canon law of the late medieval and modern Europe, primarily consists of 12th-century legal thought.

Key Features of the Ius Commune

  1. It encompasses both legislation and case law, emphasizing interpretation.
  2. It is casuistic, oriented towards practical solutions.
  3. It is a law of lawyers, a legal jurisprudence that solves issues for judges through legal interpretation. It is a law of jurists, not controlled by political power. It differs
... Continue reading "Ius Commune: Origins, Features, and Evolution" »

Mexican Agricultural Law: A Historical and Legal Perspective

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Introduction

This document explores the legal framework governing agricultural relations in Mexico, focusing on the interplay between individuals and collectives concerning land ownership and usage. It traces the evolution of agrarian law from pre-Columbian times to the modern era.

Key Subjects and Concepts

Individual Subjects

  • Ejidatario: A member of an ejido, holding rights to use and benefit from communal land.
  • Comunero: A member of a community with similar land rights as an ejidatario.
  • Sucesores: Successors or heirs to land rights.
  • Poseedor: Individual in possession of land, working it and recognized by the assembly.
  • Libre avecindado: Resident over 18 years old, living in the community for at least one year and recognized by the assembly.
  • Vecino:
... Continue reading "Mexican Agricultural Law: A Historical and Legal Perspective" »

Mexican Public Ministry: Origins and Constitutional Role

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Evolution of Mexico's Public Ministry

Early Foundations: Lares Act and 1855 Law

The Lares Act of 1853, aside from establishing a tax "to be heard in criminal cases," first constitutionally mentioned the office of the Attorney General. This office held a rank similar to that of a Minister of the Supreme Court, with functions—movable at the will of the Executive Branch—to intervene in defense of national interests. Subsequently, the Law on Administration of Justice, issued by President Juan Álvarez in 1855, instituted two prosecutors as members of the Supreme Court.

1917 Constitution: Defining the Public Ministry

The true conception of what is now known as the "institution of the Public Ministry" is found in the 1917 Constitution. This constitution... Continue reading "Mexican Public Ministry: Origins and Constitutional Role" »

Hart's Theory, Legal Consistency, Completeness, and Duty

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Hart's Theory: Order Sum Rules

Hart's theory distinguishes between primary and secondary rules. The first organized secondary rule gives unity. Recognition determines the characteristics that a standard should have to be considered as such. This is manifested in the everyday activity of judges.

Pre-existing Questions and Circularity

There are no problems with the circularity of the rule. To know who the judges are, one needs to know the rule of award, and this requires unity of the rule of recognition.

Plurality of Rules

It is not clear whether there are one or several rules. Principles are not identified, but are instead identified by axiological values.

Consistency

Consistency is the absence of antinomies, where two norms regulating the same course... Continue reading "Hart's Theory, Legal Consistency, Completeness, and Duty" »