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

The National Constituent Assembly

Members of the National Constituent Assembly had to enact legislation to abolish the old regime, but they also had to satisfy a people who defended the armed revolution and were protagonists of the political changes.

• First: It legally proceeded to abolish feudalism.
• Secondly: It adopted the Declaration of the Rights of Man and of the Citizen.

This document recognized the right of resistance against oppression and established the sovereignty of the nation as an expression of the general will. The Constitution defined a constitutional monarchy based on the division of powers:

• The Executive in the hands of the King.
• The Legislature held by the Assembly.
• The Judiciary exercised by free judges.

It established economic freedom... Continue reading "French Revolution: National Assembly and Radicalization" »

Employment Contract Essentials

An employment contract reflects the agreement between a company and a worker. Key characteristics include:

• Worker: Minimum working age is 16.
• Employer: Can be a physical or juridical person responsible for directing work.
• The company benefits from the worker's labor in exchange for wages.
• Contracts can be indefinite or for a fixed term.
• Trial periods generally last 6 months for technical roles and 2 months for others.

Salary

Salary is the compensation provided to the worker for their services.

Shareholder Rights

Shareholders have rights including:

• Participation in social benefits distribution.
• Preemptive subscription rights for new shares.
• Attendance and voting at meetings.
• Right to challenge unlawful agreements.

Shares

Shares... Continue reading "Employment Contracts and Business Organization Essentials" »

G. Local Customs and Professional Practices

From a legal perspective, local customs are defined as standard social behaviors and constant practices considered binding within a community. Local characteristics relate to specific locations rather than entire districts or provinces. Professional customs are practices utilized by workers and employers within a specific industry, trade, or profession.

5. External Sources of Employment Law

A. International Treaties

Treaties are only valid if they adhere to the provisions of the Constitution.

B. International Labour Organization (ILO)

The International Labour Organization is a specialized agency of the United Nations. Its legal framework consists of:

• Conventions
• Recommendations
• Resolutions

C. The European Union

The... Continue reading "Employment Law: Local Customs and EU Regulations" »

Art. 23 of the 1978 Spanish Constitution and Political Participation

Political participation cannot be extrapolated beyond the authorities. Direct participation occurs in cases where citizens immediately take part in specific community decisions.

The referendum is a joint consultation of the electorate, where voters pronounce themselves in the affirmative, negative, or by casting a blank vote or abstaining. There are different types of referendums:

• Constituent: To approve a new constitution or amend an existing one.
• Legislative: The electorate manifests its will on a bill or law.
• Advisory: When the public is asked for their views on far-reaching policy.
• Autonomy: Related to the adoption of the Statute of Autonomy as per the Constitution.

Other institutions... Continue reading "Political Participation and Electoral Law in the 1978 Constitution" »

Legal Norms: Classification and Effectiveness

Legal Norms, Classes, and Effectiveness: The legal rules are those governing the conduct of individuals in their mutual relations and social state, whose observance is ensured by appropriate penalties.

Rule Effectiveness: Effectiveness may be legal where the rule is met without special obstacle. When the standard is not met voluntarily, state intervention is necessary for the rule to be fulfilled and satisfied through that route.

Classifications of Rules

A) Complete Rules

These are rules that do not need support from any other law to have legal effect because they contain both the factual situation and the legal consequence.

1. Classification by Degree of Determination of Elements:

• Rigid: These are peremptory

Local Customs and Professional Practices

From a legal perspective, local customs are defined as standard social behaviors and consistent practices considered binding within a community. Local characteristics are specific to each location rather than district or provincial levels. Professional customs refer to practices utilized by workers and employers within a specific industry, trade, or profession.

External Sources of Employment Law

• International Treaties: These are only valid when subject to the provisions of the Constitution.
• International Labour Organization (ILO): A specialized agency of the United Nations that establishes Conventions, Recommendations, and Resolutions.
• European Union (EU): An organization formed by a group of European countries.

The Criminal Trial Stage

The trial is the stage of legal proceedings where the defendant's conduct is prosecuted to either convict or acquit, culminating in a sentence that ends the process. It is conducted in one or more sessions and develops under several key principles. Once the trial opens, it continues for as many consecutive sessions as necessary for its completion.

Governing Principles of a Trial

The procedural debate is governed by the following principles:

• Orality: Proceedings are conducted verbally.
• Publicity: The trial is open to the public, ensuring transparency.
• Concentration: The trial proceeds through consecutive sessions without undue interruption.
• Contradiction: Both parties have the right to contest evidence and arguments.
• Equality:

Guarantees of Obligation

Guarantees of obligation are established mechanisms for the creditor through which they secure or ensure compliance with a specific action.

Personal Guarantees

These consist of conduct committed by the debtor or a third party to ensure and strengthen compliance with the provision that the debtor has undertaken to perform.

Penal Clause or Provision

This is a new behavior that the debtor is obligated to perform if they do not meet the agreed performance, as governed by Article 1152 of the Civil Code and following sections. For example, delivering a specific item on a certain date, and if late, paying a specific amount of money per day or week.

It constitutes a new obligation which serves as an ancillary obligation.

Bonds and

1. Content of Wages

2. Overtime vs. Complementary Hours

• Overtime: Hours worked by an employee exceeding the maximum length of an ordinary working day.
• Complementary Hours: Hours worked in excess of the agreed time on a part-time contract, where completion is established by a specific agreement with the employee.

3. Understanding Seniority

Seniority is a concept defined by collective bargaining. Nothing prevents a collective wage agreement from establishing a structure that does not include this supplement.

4. Schematic of Pay Perceptions

5. Regulatory Base for Benefits

The regulatory basis for calculating temporary disability benefits is the result of dividing the worker's contribution base by the contingency from which it is derived.

6. Structure of

CP: Severe Disturbance of Consciousness of Reality

Severe disturbance of consciousness of reality resulting from changes in perception, present from birth or childhood, such as deaf-mutism and blindness, must be present since childhood. Finally, it is necessary that these causes result in a severe disturbance of the consciousness of reality. This relates to the concept of criminal minority.

Requirements for Diminished Capacity

• The effects of the previous assumptions regarding the ability to be guilty must be present at the time of the facts.
• However, it can be examined if the state of lack of capacity for guilt was caused intentionally or recklessly by the subject (actus reus in causa).
• The effects of this condition should relate to the inability