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

Term Contracts Under CLT Article 443

The employment contract may be agreed expressly or tacitly, verbally or in writing, for a specified period or indefinitely.

Definition (CLT Art. 443 § 1)

A term employment contract is one whose duration depends on a prefixed term, the performance of specified services, or the completion of a certain event capable of rough estimation.

When Term Contracts Are Valid (CLT Art. 443 § 2)

A term contract is valid only in the following cases:

• Services of a transitory nature that justify predetermining the period;
• Temporary business activities;
• Experience contracts.

Example for temporary business activity: An Easter egg factory can hire employees for a specific period.

Maximum Duration (CLT Art. 445)

The maximum duration... Continue reading "Term Contracts Under Brazilian CLT Labor Law" »

Preamble

Preamble: This German Corporate Governance Code (the "Code") presents essential statutory regulations for the management and supervision of German listed companies (governance). The Code clarifies the obligations of the Executive Board and Supervisory Board, in accordance with the principles of the social market economy, to ensure the company's survival and its lasting value.

Shareholders and General Meeting

Shareholders: The shareholders exercise their rights at the AGM and exercise their right to vote. The Board shall submit to the General Meeting the annual accounts and consolidated financial statements. It decides on profit allocation and the discharge of the Executive Board and Supervisory Board, elects the shareholder representatives... Continue reading "German Corporate Governance Code: Management, Supervision & Transparency" »

Constitutional Reform: Adaptation and Modification

Constitutions are often created with the notion of permanence, yet survival requires reform and adaptation to changing historical and political realities. Therefore, constitutional modification refers to the formal process of reforming the fundamental law of the state.

Types of Constitutional Reforms

• Partial Reform: Only specific provisions or items are changed.
• Total Reform: Involves changing the entire constitution. This type is often categorized by two criteria:
  • Qualitative Criterion: Reforming key institutions of a country (e.g., a change in the political regime).
  • Quantitative Criterion: Reforming more than half of the articles of the constitution.

Intangibility Clauses and Cornerstone Terms

Intangibility... Continue reading "Constitutional Reform: Procedures, Types, and Limits" »

Obligations and Rights

A person (the debtor) has bought an item and has not yet paid the seller (the creditor).

An obligation is a legal bond that links two or more people. At least one of them, known as the debtor, is subject to performing a benefit for another, called the creditor.

The obligation and the right to credit represent two sides of the same reality.

Content of the Obligational Relationship

The debtor and creditor are united by a bond that is composed of two elements: debit and responsibility.

• Debit: This requires the debtor to perform a benefit, which the creditor can demand to fulfill a legitimate interest under their credit right. Debit must be accompanied by responsibility.
• Responsibility: This has a patrimonial character; it is a

Bad Check Issues

Bad check implications:

• Embezzlement - CP 171, § 2, VI - is a felony.
• If there are no funds - non-payment of a check for insufficient funds, when in fact there are funds, by itself generates moral damages to be compensated - the docket entry 388 of the STJ.
• The case of joint accounts - accounts for the bounced check only one who issued the check.
• Art. 47, § 3 LC-out of funds after the deadline (30 or 60 days), have been given during the presentation available funds, and the server no longer have them (funds) for reasons beyond their control - eg. : liquidation of the bank; theft.

Protest for Non-Payment

• Necessary to allow the protest to the execution of endorsers and their guarantors; Now you can charge without protest, by a declaration

Cognitive vs. Executive Activity in Law

Cognitive Activity: This refers to the process suitable for recognizing a right that is still uncertain and formulating the legal rule applicable to a specific case. It is a knowledge or cognitive process.

Executive Activity: This involves the state instruments available for the effective practice of law that has already been recognized. It is the implementation process, which can be standalone or a phase within a broader process.

Main Goal of Legal Enforcement

The primary goal of enforcement is the practical and real satisfaction or realization of a right recognized in an enforceable judicial or extrajudicial title.

Key Enforcement Principles: Effectiveness & Lower Cost

Principle of Maximum Effectiveness:

Division of Law

There are two main groups: public law and private law, further subdivided into different branches:

Public Law

Public law regulates the activity of the state and public affairs, including their relationships when acting in an official capacity with the public. It is divided into:

• Administrative Law: Contains the rules governing the activities and operation of the State and bodies for political execution.
• Other Branches: Public international law, criminal law, tax law, procedural law, Community law, and labor law.

Private Law

Private law governs relations between individuals. It is divided into:

• Employment law
• Private international law
• Civil law
• Commercial law

Sources of Law

Sources of law refer to the origins and manifestations of legal rules.... Continue reading "Public and Private Law: Sources, Divisions, and Powers" »

Understanding the Commission Contract

Commission Contract Fundamentals

A commission contract is a mandate by which the agent (often referred to as the "commission agent" or "broker") undertakes to perform or participate in a commercial contract or act on behalf of another person (the "principal"). This contract is purely commercial and emerges as a means of collaboration between parties, based on mutual trust. In this arrangement, the agent will always act for the account of the principal, but may perform their function either in their own name or on behalf of the client.

Acting in one's own name constitutes indirect representation, because, against a third party, the agent is not directly representing the principal. However, when acting on behalf... Continue reading "Commission Contract Essentials: Agent & Principal Responsibilities" »

The Crown in Spain

1. The Parliamentary Monarchy as a State Policy

The parliamentary monarchy is the established policy of the Spanish State. According to the Constitution of 1812, the Government of the Spanish Nation is a hereditary monarchy. The Monarchy is an integral part of the internal constitution of Spain.

In a parliamentary monarchy, the King is separate from the governmental function, and the responsibility of Government lies with the Parliament.

2. The Functions of the King

Article 56.1 of the Spanish Constitution is the foundational article regarding the King's role.

The King's functions include:

• Head of State: This constitutional role requires autonomous material function. In exercising this, the King cannot be subordinated to any other

Understanding Commercial Endorsements

An endorsement is a commercial act (acto cambiario) by which a person transfers or assumes some of the obligations represented in a credit title (commercial paper).

Endorsement After Protest (Posthumous Endorsement)

Does an endorsement made after the protest for non-payment have the legal effect of a commercial act?

False. After the protest for non-payment, this endorsement is not considered a commercial act (acto cambiario). Instead, it functions merely as an act of civil assignment of credit.

Proper vs. Improper Endorsements

Improper Endorsements (such as an endorsement for collection or agency endorsement) do not transfer the ownership of the credit title but only transfer mere possession. If the document... Continue reading "Commercial Paper: Endorsement, Aval, and Debtor Liability" »