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

According to Locke, the state is a necessary entity comprised of institutions such as the legislative, judicial, police, and military. While the state possesses significant power, ultimate authority resides with the citizens. The legitimacy of the regime hinges on its ability to serve the public good.

However, legislative power is not absolute. It cannot seize a citizen's property without their consent. State spending is funded through tax revenues.

In addition to the legislature, there must be an executive branch responsible for implementing and enforcing laws. Locke also distinguishes a third entity, a federation (akin to a ministry of external affairs), which represents the community in its relations with other individuals and external entities.... Continue reading "Understanding Locke's View on State, Power, and Resistance" »

Understanding Employment Contracts

A contract, in general, is an agreement between two or more parties on a certain subject or facts. An employment contract is an agreement to provide labor in exchange for money. The employment status of workers is regulated to meet specific characteristics: personal, voluntary, dependent, and paid.

Key Parties in an Employment Contract

The Employee

Any individual able to work. Exceptions include:

• Age: Individuals under 16 cannot work, except for participating in public performances authorized by the labor authority.
• Disability: A person may be declared disabled due to physical, mental, or other reasons.
• Qualifications: Certain jobs require specific degrees or certifications.
• Nationality: EU citizens have freedom of

Worker Representation Requirements

Staff Delegates and Committees

• For companies with more than 11 workers and up to 30, a staff delegate must be present.
• A staff delegate is not required for companies with fewer than 11 workers.
• A worker's committee is only required in companies with at least 50 workers.

Delegate Participation in Meetings

• A delegate may attend meetings with voice but no vote.
• This principle also applies to attendance at meetings concerning national security, where the delegate has a voice but no voting power.

Right to Representation During Settlement

Employees are entitled to the presence of a worker representative at the time of their final employment settlement.

Scope of Union Powers

Unions can exercise all powers granted under the... Continue reading "Workplace Representation and Employee Rights Explained" »

Legal Practices: Sources of Law

Sources of Law: Law, regulation, decree-law, local ordinance, legislative decree, directive, community regulation, custom, general principles of law, international treaty, Constitution.

Principle of Competence and Notification of Organic and Ordinary Laws

Principle of Competence: Each law has its competence and cannot invade the other's.

Hierarchy of Legal Sources

Hierarchy of Legal Sources:

1. Constitution
2. Law, regulation, custom, and general principles of law

Definitions

a) Formal Laws: All legislative provisions emanating from the legislative body.

b) Regulatory Provisions: Rules that are dictated by the government and have the force and value of law.

c) Executive Regulations: Those that develop and complement a law.

Hierarchy

Understanding Pleadings in Civil Suits

What are Pleadings?

Pleadings are the foundation of any civil suit, consisting of formal written statements that outline each party's claims and defenses. They are essential for initiating and progressing a civil case.

Types of Pleadings

The two primary types of pleadings are:

• Plaint: Filed by the plaintiff to initiate the lawsuit and present their claims.
• Written Statement: Filed by the defendant to respond to the plaintiff's claims and present their defense.

Importance of Pleadings

Pleadings serve several crucial purposes:

• Define the scope of the dispute and identify the key issues.
• Provide a roadmap for the litigation process.
• Determine the burden of proof for each party.
• Establish the boundaries of admissible

Legal and administrative texts emanate from the three powers of a state's democracy: the Legislative, Executive, and Judicial.

Origin of Legal and Administrative Texts

Administrative texts are generated by diverse government agencies in relation to citizens or in their internal relations, such as certificates.

Legal texts are issued by the various organs of the administration of justice. They may be of a legal or judicial character.

• Legal texts (laws, decree-laws, etc.) emanate from the legislature.
• Judicial texts (claims, judgments) emanate from the judicial branch and represent the practical application of laws by the legal profession.

Communicative Aspects

The issuer of a legal-administrative text is often the public administration, parliament,... Continue reading "Characteristics of Legal and Administrative Texts" »

Limited Liability Company (LLC)

Features

An LLC may be formed by one or more partners.

The social capital cannot be less than €3,005 and must be fully paid at the time of constitution.

• Liability: The liability of the members is limited to their contributions of money, property, or rights.
• Name: The company name ends with SL.

Government Bodies

• The General Board: This is the governing body of the LLC and is represented by all partners. Its function is to monitor management and approve the annual accounts, as well as appoint directors.
• Administrators: These may be partners or not and are responsible for managing the company and executing the decisions of the general meeting.

The rights of partners involve the sharing of profits and assets of the company.... Continue reading "Understanding Limited Liability Companies and Corporations" »

Corporate Operations

Taxable Events: Corporate Transactions Subject to Tax

Corporate transactions are considered subject to tax in the following cases:

• The creation, increase, and decrease of capital, merger, division, and dissolution of companies.
• The sums paid by the partners to replenish losses.
• The move to Spain of the place of effective management or the registered office of a company, when they were not previously in EU countries or were not subject to a similar tax.
• The undertaking by entities of operations in Spanish territory through branches or permanent establishments.

For the purposes of Impuesto sobre Transmisiones Patrimoniales (ITP), the following are also considered as companies:

• Non-corporate legal persons, profit-making.
• Contracts

Social Uses of Law

Self-regulation is imposed on an individual's public behavior to gain social acceptance within their operating human group, also known as rules of social intercourse.

Theories on Social Uses

Giorgio Vecchio's Perspective

This author states that social conventions are not a special kind of rules, and therefore, they do not entitle anyone to demand the observance of obligations.

Stammler's View on Social Practices

This author states that social practices are part of morality, which influences individuals to observe certain behaviors, contrasting with the enforcement posed by law.

Kelsen on Social Rules vs. Law

This author states that the rules of social use differ from law because there is no coercion for compliance.

Social Use vs.

THE CONSERVATIVE REAL ESTATE

ELREGISTRO OF WATERS AND ARTICLES CA 112 121

The functions of the conservative form of appointment and the procedures to be supported are regulated in the Courts Organization Code (Articles 446-452), the Civil Code (Articles 686-699), and the Conservatory Real Estate Registration Regulations. These rules, under the provisions of Articles 112 and 121 CC, apply extra to the specifications stated in the CA.

It is conservative jurisdiction that is set forth in Article 118: in whose territory the intake channel matrix is located in the natural channel, reservoir, or well, and, in your case (see article). Exception: as noted in Article 1 transitional, item 2, CA, where appropriate.

The registration of water is composed of... Continue reading "Water Rights Registration: Procedures and Regulations" »