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

Corporate Contributions

4. Social Contributions: The objective is to provide everything that contributes to the development of corporate purpose. In such a society, only goods and property rights capable of economic assessment may be provided, excluding labor or services. Contributions from industry can be made to society, but in exchange for shares, which are not received. Monetary contributions can be made in any currency, provided they have been converted to euros, and disbursement should also be checked. Non-monetary contributions refer to any good or right capable of economic valuation, other than money. Ancillary services (benefits) can be established. In any case, these must be expressed in the articles of association, indicating the... Continue reading "Shareholder Rights and Corporate Contributions" »

Internal and External Sources of Labor Law

Internal sources are developed by the legislature (Congress of Deputies), the executive (government), and representatives of employers and employees (unions). These sources are:

• The Spanish Constitution of December 6, 1978 (the supreme law of Spain)
• Organic laws, ordinary decree laws, legislative decrees, and autonomic regulations

External sources (international) come from international organizations or agreements with Spain and apply after being approved by Congress and the Senate (they become Spanish rules with domestic preference).

Principles of Labor Standards

• More favorable standard: When two or more rules are in force (regarding holidays, work, pay, etc.), the most favorable to the worker is applied.

Presidentialism

The presidential form of government has a rational genesis, the result of dogmatic reflection, and is strongly inspired by Montesquieu's theory on the separation of powers. When developing the United States Constitution in 1787, there were no empirical precedents in determining the form of government. In other words, there was no previous constitution worthy of the name, nor did the democratic principle, as a legitimating principle, have precedent. The only record was theoretical and, in regard specifically to the form of government, was that set by the Frenchman Montesquieu in The Spirit of Laws, which analyzes the English political system.

Montesquieu's Theory

Montesquieu's theory on the separation of powers needed to sift through... Continue reading "Presidentialism: A System of Separated Powers" »

Maternity Benefits and Leave

Maternity leave is a condition where an individual does not go to work, enjoying legally established breaks for maternity and similar cases (such as adoption or foster care). To qualify for maternity benefit, one must meet three requirements:

• 1. Registration Status

  To be registered in an open or similar service.

• 2. Grace Period

  Accumulate a grace period of 180 days within the last five years.

• 3. Maternity Leave Status

  Be currently on maternity leave.

The provision of these benefits carries significant economic implications. The duration of the benefit is the same as that during the period of contract suspension.

Retirement Benefits

Retirement is a situation where an employee voluntarily ceases work, typically due to age.... Continue reading "Social Security Benefits: Maternity, Retirement, and Survivor Support" »

Descriptive vs. Regulatory Elements in Law

Descriptive Elements

Descriptive elements are basic and elementary. They specify the circumstances or facts in each case, describing the behavior and the actual elements of a legal type (e.g., a crime). These elements are verified through the senses.

Regulatory Elements

Regulatory elements constitute the objective part of the legal type. They review or complement the descriptive elements. These elements are conceptual in nature and are not perceived by the senses.

Crimes of Injury vs. Crimes of Risk

Crimes of Injury

Crimes of injury cause direct damage to a legally protected interest. This damage does not necessarily involve material harm but affects a legally protected right.

Crimes of Risk

Crimes of risk... Continue reading "Foundational Concepts of Criminal Law" »

1. The Concept of Secondary Victimization

In contrast to primary victimization, which refers to the direct consequences of being a crime victim, secondary victimization derives from the relationship between the victim and the criminal justice system. The system itself can create secondary victimization, leading to numerous drawbacks for the individual.

2. Drawbacks During the Police and Judicial Stages

• Police Interaction: Victims often face inattention, long waiting hours, hostile interrogations, and a lack of clear information.
• Legal Proceedings: The justice system is frequently slow, characterized by hostile questioning, lack of information, and the fear of confronting the perpetrator.
• Economic and Social Impact: Victims may face financial burdens

Characteristic Features of Administrative Law

What are the characteristic features of administrative law?

Nature and Scope

• Administrative law is a branch of public law and is closely related to, but sometimes intertwined with, private law.
• Administrative law is the statutory framework for Public Administrations (AA.PP.). It governs the organization and functioning of public administration, for example the Statute of Autonomy of Galicia.
• Administrative law is ordinary and general in application because it applies to all Public Administrations (PAs).
• Administrative law is a law of privileges and guarantees.

Privileges and Powers of the Administration

We call it a law of privileges because it grants exceptional powers to Public Administrations (AA.PP.... Continue reading "Characteristic Features and Principles of Administrative Law" »

Origin of Banking Legislation in Chile

The laws dictate the National Savings Fund and Mortgage Fund. New banks were founded, each with the particular issue of its own paper money. The SBIF was created during the Arturo Alessandri administration, following a contract with U.S. experts from the Kemmerer Mission, which adopted three measures:

• To issue a monetary law
• Enact the law that created the Central Bank
• Issued a general banking law

Bank Concept

A bank is defined as a "special corporation. A bank is a financial intermediary responsible for acquiring funds in the form of deposits, lending money, and providing financial services."

Law No. 04/186

The Law No. 04/186 on corporations is particularly important for banks, as these institutions, in our legislation,... Continue reading "Chilean Banking Legislation: Origins, Laws, and Regulations" »

Leave of Absence

1. Exercise of Public Office or Union Representation: Employees elected or appointed to public office or union positions at the provincial level or higher, which hinders their ability to work, are entitled to a leave of absence. They now have 30 days to return to work.
2. Deprivation of Freedom: Workers deprived of their freedom are not required to work until a conviction is issued. After sentencing, the employer can dismiss them for repeated absences.
3. Disciplinary Suspension: Suspension of work and wages can occur for disciplinary reasons. Employees have 20 days to contest the sanction.
4. Force Majeure: Temporary suspensions due to economic, technical, organizational, or production-related reasons require authorization from the Labor

National Sovereignty and Constitutional Principles

Sovereignty

• Extensive and meticulous articles (384) on national sovereignty.
• The principle states: "Sovereignty resides essentially in the Nation."
• It belongs exclusively to the Nation to establish fundamental laws; the King and other organs are formed by it.

Division of Powers

This principle was applied rigidly, isolating powers:

• Legislature: The Cortes with the King.
• Executive: The King.
• Judicial: A court.

Representation in National Cortes

• Various strata are represented.
• The Nation is conceived as a set of individuals who are represented by deputies.
• Representation is not mandatory but truly representative.

Regime of Rights and Freedoms

• Protection of Rights:
  • Property protection.
  • Freedom of thought and printing.