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

Standing to Negotiate

• Enterprise Level or Lower Collective Agreements:
  • The works council or staff representatives
  • Union representatives seeking to represent the majority in the committee
  • Employers or their representatives
• Sectoral Collective Agreements:
  • The most representative trade unions at the state or autonomous community level
  • Trade unions with a minimum of 10% of members on the committee
  • Associations that have at least 10% of employers in the field of the agreement and represent at least 10% of workers in this field

Initiation of Negotiations

The party initiating negotiations must advise the other party in writing, stating the legitimacy of the initiator, the areas of agreement, and the parties involved in the negotiation. A copy must also be sent... Continue reading "Collective Bargaining: Negotiation and Validity Essentials" »

Conditions for the Validity of Legal Acts

What are the conditions of validity of the act? To be valid, an act requires:

1. One who is legally capable;
2. Consent to the act or statement where the consent is not vitiated;
3. Falling upon a lawful object;
4. Having a lawful cause.

The Cause of Administrative Acts

What is the cause of administrative acts? The causes of administrative acts are the motivations or reasons that the authority had to issue the act. According to Roberto Dromi, motivations "are the facts and law that led to the emanation of the act."

The Purpose of an Act

What is the purpose? The purpose of an act consists of the rights and obligations it creates, modifies, or terminates.

Validity in Administrative Action

Do you apply the conditions of validity

Classification of Companies and Their Legal Forms

Sole Trader (Empresario Individual)

• Name: Uses the name of the holder.
• Registration: Recommended to register with the Mercantile Register.
• Nature: A natural person routinely exercising a business activity on their own account.
• Liability: Personal and unlimited; the individual answers for business debts with all their assets.

Public Limited Company (Sociedad Anónima - S.A.)

• Name: Must be distinct from other companies to avoid confusion.
• Formation: Requires a public deed, publication, and registration in the Mercantile Register.
• Capital: Divided into shares belonging to the shareholders.
• Liability: Limited to the capital contributed by shareholders.
• Capital Contributions: Can be made in cash or assets.
• Minimum

Reduced Citizen Participation and Increased Mayoral Power

Citizen participation was reduced to only the property owner being able to take part. More than 30,000 people were appointed by the mayor of the town and the province, and local government budgets were approved.

Measures to Reduce Freedom of the Press

These are the measures taken to reduce the freedom of the press:

• Prior censorship for written materials was established in the year 2000.
• The Church was granted the power of censoring books.
• The 1879 law established the reinstatement of the printing system to attack the political and social system or to question it.

Caciquismo and Electoral Corruption

Caciquismo refers to electoral corruption. This alternative formula provided the parties with... Continue reading "Caciquismo in Spain: 19th and 20th Century Electoral Corruption" »

Legal Forms of Business

When a group of people decides to start a business, they must decide which legal form is most convenient. This decision derives important issues such as the minimum number of partners, liability, and capital requirements.

Framework Considerations

• Relationship Framework: This determines hierarchies, salary structures, and duties.
• Benefit Distribution: Based on established relationships among participants.

From a legal point of view, there are two main types of entities:

• Sole Proprietorship ("person at your own risk")
• Company (involving several people)

Important Considerations for Partnerships

When creating a partnership, carefully consider:

• Relationships between partners.
• Benefit sharing agreements.
• Clarity regarding charges and

Administrative vs. Legal Acts: Key Differences

Can a legal act not be an administrative act? Yes, there are other acts that produce legal effects that flow from the power of government, such as commitments made between two or more individuals.

Elements of an Administrative Act

1. Unilateral expression of will
2. Issued by an administrative body
3. Enacted in the exercise of its administrative function
4. Intended to produce legal effects

What Makes an Act Solemn?

For an administrative act to be valid, it must have been expressed and processed in the manner prescribed by law.

Principles Governing the Issuance of an Administrative Act

• Attribution rules and competition
• Procedure
• Reasons
• Purpose (Fin)
• Interdiction of arbitrariness
• Respect for the essential rights emanating

The Role of Partner Personality in Business Entities

The personality of the partners is a crucial characteristic, as their direct involvement in management corresponds to their liability, making them key to the capital structure of the entity.

Collective Company Characteristics

A Collective Company is characterized by the following features:

• The minimum number of members required is two.
• All partners intervene in the management of the company, although partners may also provide only employment without intervening in management.
• The partners respond personally for debts incurred with third parties, often involving joint and several liability.
• There is no minimum capital required for establishment.
• This company is taxed by Corporation Tax.

Understanding

Declaration on the Right to Development

Adopted by General Assembly Resolution 41/128 of 4 December 1986

The General Assembly,

Reaffirming the purposes and principles of the Charter of the United Nations regarding the conduct of international cooperation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion,

Recognizing that development is a comprehensive economic, social, cultural, and political process, which strives for constant improvement of the welfare of all the population and all individuals on the basis of their active, free, and meaningful participation... Continue reading "UN Declaration on the Right to Development 1986" »

The employment contract is the agreement by which the worker agrees to provide labor services on behalf of the employer and under his leadership, in exchange for a fee. It must be: voluntary, on a personal account, and paid for dependent persons.

The Worker: Requirements and Limitations

The worker is the individual who voluntarily provides services for remuneration on behalf of the employer.

• Age: Individuals aged 16 and 17 years need parental consent or must be emancipated. They cannot perform overtime, night work, or activities that are unhealthy, dangerous, or harmful to their health.
• Disability: For health reasons, a person can be declared unfit for work.
• Qualifications: To perform certain activities, academic or professional qualifications are

Scope of Social Security

The Social Security (SS) system ensures adequate protection for working people and their families. In Spain, there are two levels:

• Contributory

  Covers employed workers and their resident family members.

• Non-Contributory

  Includes all Spanish residents not covered by the contributory system, providing healthcare, disability, retirement, and child allowances.

Social Security Schemes

• General Regime

  Applies to most workers.

• Special Regimes

  Covers specific activities, including domestic workers and students.

Organizational Structure

The SS is managed through various entities:

A. Managing Bodies

• National Institute of Social Security (INSS)

  Manages cash benefits.

• Institute for Public Health (INGESA)

  Manages health services.

• National Institute