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

Introduction to Roman Law Concepts

This document provides a framework for fully mastering key legal principles.

Key Elements of Roman Law Obligations

• Contract
• Stipulation
• Definition
• Delict

Contract Types in Roman Law

• Contract of Sale
• Lease
• Mandate
• Partnership

Consensual Contracts Defined

These contracts are perfected by the mere agreement (consent) of the parties. For instance, in a sale, the agreement covers both the delivery of the thing and the promise to pay the price.

The Roman Contract of Sale

The Contract of Sale is a consensual contract between a buyer and a seller, requiring a specific thing and a monetary price. It generates reciprocal obligations to provide the thing and pay the price. The contract is perfected by the consent of the parties, which... Continue reading "Roman Law Contracts: Sale, Obligations, and Property Rights" »

Understanding Legal Timeframes

At the right time. The passage of time impacts the legal system. It is relevant for acquiring the capacity to act, acquiring subjective rights, determining when they can be exercised, and their extinction.

Difference and Concept: Term and Deadline

The exercise of a right is always bound to a term, which marks the start or end of something. It's the exact moment at which a given action may commence (e.g., "you have to present on day 1"). The opposite, a deadline, indicates the period within which an act must be carried out (e.g., "you have to present between the 15th and the 20th").

Therefore, in the exercise of a right, both terms and deadlines are directly connected with the concept of working and non-working days.... Continue reading "Understanding Legal Timeframes: Terms, Deadlines, and Computations" »

Leave of Absence for Family Care

Leave of absence for family care will not last more than 2 years to care for a family member up to the second degree of consanguinity or affinity.

Termination of Employment Contracts

The termination of an employment contract is the end of the employment relationship between the company and the worker. When the contract is terminated, the employer must provide the employee with the payment of the amounts in a document known as a settlement.

The termination of the contract can be for different reasons:

Termination by Mutual Agreement

When both parties decide to terminate the contract, the employee is not entitled to severance pay or unemployment benefits.

Termination at the End of a Fixed-Term Contract

The contract ends... Continue reading "Employment Contract Termination: Rights and Causes" »

The King of Spain: Roles and Functions

Constitutional Mandate (Article 56.1)

The King is the Head of State, a symbol of its unity and permanence. He arbitrates and moderates the regular functioning of the institutions and exercises the functions expressly conferred by the Constitution and the law.

Nature of Royal Functions

The King's functions are designed to fulfill his symbolic, arbitration, and moderating purposes. He may use his personal influence, information, and counsel within the scope of his authority. These functions establish the King as a unique entity, separate from the three classic powers of the state. The Constitution separates the Head of State from the Executive Branch.

General Tasks

The Constitution attributes general tasks to... Continue reading "The King of Spain: Roles and Functions in Government" »

Procedure Definition and Elements of Administrative Action

The administrative procedure is a formal series of acts by which a concrete administrative action is implemented to achieve a finality.

1. Administrative activity determined to establish the factual assumptions from which it must proceed.
2. The participation of a plurality of individuals or bodies that have a particular intervention within the administrative procedure.
3. The need to adopt certain forms of action.
4. Participation of people with the status of parties in different procedures where the administration is acting.

Types of Administrative Procedures

Administrative procedures are classified as follows:

By Plurality of Activities:

• Special: Established by statute in certain sectors of administrative

Causa Mortis Succession: Principles and Types

This section defines the various forms of succession upon death. Succession can be categorized by its origin (voluntary, legal, and mixed) and by its subject (universal succession and individual succession).

Voluntary Succession Defined

Voluntary succession occurs when the successor or successors have been freely chosen by the deceased, and the estate phenomenon is governed freely under a unilateral legal transaction, such as a testament, or by agreement with another person. The first case involves probate, while the second involves a series of contracts that the Civil Code (CC) supports only exceptionally and typically restricts.

Legal or Intestate Succession

Legal succession, also known as intestate... Continue reading "Legal Principles of Causa Mortis Succession" »

1. Key Changes in Working Conditions
a) Substantial change in working conditions: Hours
b) Geographic mobility: Transfer
c) Functional mobility: Work in a higher category
d) Substantial change in working conditions: Remuneration system
e) Geographic mobility: Transfer
3. If you can refuse, you would receive an award of 20 days per year worked, with a maximum of 9 months.
4. You can claim to be denied jurisdiction. If injustice is declared, you are entitled to your previous conditions.
Another way is to compensate you with 20 days for each year worked, up to 9 monthly payments or 45 days maximum per year of 42 monthly payments if it affects the dignity and professional status of the worker (court order).
5.
a) Placement group: You are entitled... Continue reading "Understanding Labor Rights and Compensation in Employment" »

Modificación del Contrato Laboral

Movilidad Funcional

• Dentro del mismo grupo profesional o entre categorías profesionales equivalentes.
• Fuera del grupo profesional o entre categorías profesionales no equivalentes.

Movilidad Geográfica

Traslado Individual Definitivo

Opciones del trabajador:

• Aceptar el traslado.
• Extinguir el contrato (con indemnización).
• Impugnar ante la jurisdicción laboral.

Traslado Colectivo Definitivo

Desplazamiento Temporal

Modificaciones Sustanciales de Condiciones Laborales

Se consideran sustanciales los cambios que afecten a:

• Jornada de trabajo.
• Horario y distribución del tiempo de trabajo.
• Régimen de trabajo a turnos.
• Sistema de remuneración y cuantía salarial.
• Sistema de trabajo y rendimiento.
• Funciones (cuando excedan los límites

Administrative Jurisdiction: Material Exercise Techniques

Avocación

Concept of Avocación

Avocación means that a resolution may eventually be assumed by a higher hierarchical body if the decision on a matter attributed to a lower body is not deemed appropriate by the higher authority. This process allows for a shift in the exercise of competence for specific cases.

Characteristics of Avocación

• The act dictated by avocación is legally attributable to the higher hierarchical body.
• The causes for abstention and disqualification must be assessed in relation to the higher hierarchical decision-making body.
• The avocación itself cannot be appealed, but the resolution resulting from the avocación can be challenged through the appropriate legal remedies

Crimes Against Honor

Title 11 of Book 2

The first two chapters refer to slander and insults, keeping a parallel structure. The last chapter includes a number of general provisions. Honor has traditionally been a legal right deeply rooted in our system, and this constitution recognizes it as a fundamental right.

Slander

It can be interpreted that aggravated slander is a form of *injurias*. According to Article 205, slander is the imputation of a crime made with knowledge of its falsity or reckless disregard for the truth. It is a form of injury sustained in the most serious of the charges that are made.

Classes of Slander:

• With advertising: That is, they have been released. Prison sentence of 6 months to 2 years or a fine of 6 to 24 months. The reason