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

What is right? It is the order in social life and society. The right is divided into two branches: public and private.

Public Law

The part of the legal system governing relations between individuals and private entities (e.g., criminal law).

Private Law

The branch of law that deals mainly with relations between individuals (e.g., civil law, private international law).

Labor Law

The rules and principles governing relations among workers and employers.

Powers and Social Groups

• Legislator: Creates law
• Executive: Government
• Judiciary: Judges

Members of Congress

Members of Congress are 350. A law always requires a majority of the Members plus one.

Types of Laws

• State Laws vs. Laws of Autonomous Communities (CCAA)
• Organic Laws vs. Ordinary Laws
• Law vs. Legislative

Political Relationships Between Government Branches

Despite the requirement that functions remain distinct, political interaction occurs within various organs. Are these relationships necessary?

• Monarchy and Republic: These two distinct forms of state contrast most sharply when the basic agreement on the constitutional model is in crisis. State models usually emerge during disputes between monarchy and republic.
• Control and Balance of Powers: These powers are balanced so that none reaches a level of predominance involving an accumulation of power and a subsequent lack of freedom.

We can examine the relationship between power and the state. At first glance, there are specific relationships between the two powers:

• First, we recognize the involvement

Chile's 1833 Constitution

Key Features and Provisions

This constitution defined Chile's territorial boundaries from the Atacama Desert to Cape Horn, rectifying a significant error in previous charters that required constitutional amendments for boundary changes. It laid the groundwork for institutional arrangements replicated in subsequent constitutions (1925 and 1980), including:

• National sovereignty
• Representative government
• Division of public powers
• Government accountability
• Individual rights

The government system was representative, with Catholicism as the official religion, excluding the public practice of other faiths. Foreigners required ten years of residency for citizenship.

Voting Rights and Guarantees

Voting was restricted to Chilean citizens... Continue reading "Chile's 1833 Constitution: A Deep Dive" »

Movable vs. Immovable Property

Movable property is an asset that can be transported without losing its integrity (e.g., appliances, vehicles). In contrast, immovable property is an asset that cannot be transported entirely to another location (e.g., housing, commercial premises).

Defining a Contract of Sale

A contract of sale is an agreement in which one party (the seller) agrees to convey a specific item or right to another party (the buyer) in exchange for a sum of money, known as the price.

Criteria for a Commercial Contract

• The contract must involve movable property.
• The property acquired must be for resale for profit.

Key Elements of a Commercial Contract

• Personal: Refers to the seller and buyer. For a contract to be valid, the contracting parties

Labor Unions: Representative Status

Requirements for Representative Status

To be considered a most representative union:

1. State Level: Must have 10% of the delegates.
2. Autonomous Community Level: Requirements vary by region.

Powers of Most Representative Unions

• Represent institutional interests.
• Engage in collective bargaining.
• Participate as partners in various forums.
• Participate in non-jurisdictional conflict resolution.
• Promote elections for staff representatives and works councils.
• Obtain temporary transfers of property for use.
• Perform any other representative function.

Business Associations

Article 7 of the Constitution protects the right to form business associations. Their internal structure and operation must be democratic. Business associations... Continue reading "Labor Unions and Business Associations: Workers' Rights" »

Individual Enterprise (Empresa Individual)

Companies are classified according to their legal form into individual enterprises or corporate partnerships. The individual enterprise is a single personality type owned by one physical person.

Sole Proprietorship

A Sole Proprietorship is an individual who performs commercial, industrial, or professional activities on their own behalf.

• You must be of legal age and have full availability of your assets.
• It implies total control by the entrepreneur, who is personally liable for debt management and social commitments using all present and future assets.
• The liability is unlimited.
• To establish such an enterprise, a minimum capital is not required.
• The corporate name must be the holder's name.
• Taxed by the Personal

Works Contracts and Infrastructure Projects

Works contracts involve the construction of real property such as roads, railways, ports, canals, dams, sea signage, monuments, and naval bases.

Scope of Works Contracts

• The performance of work to alter the form or substance of the ground or subsoil, such as polls, surveys, and beach restoration.
• The reform, repair, maintenance, or demolition as defined in the previous two points.

Essential Project Documentation

A building project must include a memory describing the purpose of the work, along with the following components:

• The general plans.
• The list of special technical requirements.
• A budget consisting of several partial sections or a single total.
• A development program of the work.
• All references that will

Lex Mercatoria: International Commercial Law

The Lex Mercatoria is a set of rules governing international commercial transactions.

Key Features of Lex Mercatoria

• Multiple participants.
• Multiple regulatory techniques.
• Standardization of multiple procedures.

Operators leverage the legal autonomy recognized in international law to self-regulate their contractual relations. This self-regulation is achieved by incorporating the following elements into contracts:

1. General Conditions and standard clauses.
2. Standard contract models (e.g., charter party).
3. Internationally accepted business practices.
4. Principles and rules of conduct elaborated outside state frameworks by various agencies and professional associations.

The possibility of recourse to international arbitration... Continue reading "International Commercial Law: Lex Mercatoria and Trade Terms" »

Administrative Procedure (Proc. Adm.)

The formal series of events in which specific administrative action is carried out to achieve a purpose.

Elements of the Administrative Procedure

1. Reaching administrative activity determined by fixing the alleged facts that the procedure should start from.
2. Participation of a plurality of subjects or organs that have a particular intervention in the administrative procedure.
3. Need to adopt certain forms of action.
4. Participation of people with the condition of different parties in the proceedings where the Administration is acting.

Purpose of Administrative Procedure

• Guarantee of Citizens: The administrative procedure serves as a guarantee against potential abuses by the Public Administration.
• Administrative Efficiency:

Public Law and Its Branches

In public law, parties exist in a state of inequality characterized by the preeminence of the State over individuals. Key branches include:

• Administrative Law: Deals with the regime and functioning of public administrations and their relations with individuals.
• Tax Law: Aims to secure government funding through taxes and levies.
• Litigation: Focuses on the system of judicial organs, their composition, powers, functions, and the activities carried out in the exercise of judicial authority.

Private Law and Its Scope

Private law regulates relations between individuals without regard to specific personal circumstances or objectives. Its study encompasses:

• Law of persons
• Private equity law
• Family law
• Inheritance law

Additional branches... Continue reading "Understanding Public and Private Law: Principles and Sources" »