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

Real Rights

Rights have been characterized as the legal relationship created between the owner of the real right and the thing, regardless of any personal debt or obligation that may exist. Example: a mortgage.

Easement

A real right of a property owner over another property to serve a certain purpose. Examples: right of way, water, drainage. This agreement remains valid even if the ownership changes. Example: The right to pass through another's property.

Enjoyment (Usufruct)

A real right to use and enjoy another's property without altering its substance. The usufructuary may hold some of the authority of the owner. The *nudodueño* (bare owner) is the legal owner, while the usufructuary is the beneficial owner. The beneficial owner cannot sell the... Continue reading "Real Rights, Obligations, and Contracts in Civil Law" »

Government contracts are considered for award when valued at less than €50,000 in the case of works contracts, or €18,000 for other types of contracts.

Contract Award Procedures Explained

Several procedures govern the award of public contracts:

• Open Procedure: All interested contractors may submit a proposal.
• Restricted Procedure: Only employers who request to be selected by the contracting authority may submit proposals.
• Negotiated Procedure: The award goes to the successful bidder chosen by the contracting authority after consulting several candidates. Depending on the amount and specific cases stipulated in this Law, negotiations may occur with or without prior advertising.
• Competitive Dialogue: Used for particularly large infrastructure projects.

Injury (Undue Influence)

Injury.

The Law 17.711 added to Article 954 of the Civil Code a provision through which revocation or modification of a legal act may also be requested when one party, exploiting the need, lightness, or inexperience of the other, obtained a patrimonial advantage that is clearly disproportionate and unjustified. In such cases, the vices of consent listed above are presumed.

In determining the existence of such a situation, the patrimonial advantage should be assessed in relation to the values existing at the time of conclusion.

Form of Legal Acts

Form of legal acts.

A legal act is any lawful voluntary act intended to immediately establish legal relationships between persons, creating, modifying, transferring, preserving, or... Continue reading "Undue Influence, Formalities and Simulation in Civil Law" »

Employee Leave: Rights and Categories

Leave is a right for workers to temporarily not provide their labor services to the enterprise. Unlike employment contract suspensions, leave does not always guarantee job reservation. In some cases, workers only retain a preferential right to re-enter the same or similar vacancies within their category that may arise in the future within the company. Types of leave are classified as:

• Compulsory Unpaid Leave Explained

  Occurs when a worker assumes a public office or association role that prevents attendance at work. The law preserves the job during the contract suspension, with a duty of reinstatement within one month after leaving the office. This period counts towards seniority.

• Parental Leave for Child Care

  This

Obligations Subject to Condition

These obligations are subject to conditions set out in Civil Code Article 1113 et seq. A condition is defined as an uncertain future event. It is a stipulation added to the contractual agreement between the parties, governing the effectiveness of the requirement and altering the overall scheme itself.

Thus, a conditional obligation is one in which the parties agree to group the obligation by a condition, thereby regulating its effectiveness and overall system performance.

Classification of Conditional Obligations

A. Based on the Will of the Parties

The fulfillment of these obligations depends on the willingness of the parties (the creditor, the debtor, or both). The Code distinguishes two forms:

1. Potestative Conditions:

Economic Activity Organization

Company: Economic activity organized. Requirements: Headquarters staff, technical knowledge, and seeking profits. Brazilian law stipulates that anyone can be an entrepreneur, preventing those who are bankrupt, insane, incompetent, minors, public officials, and military personnel on active duty. A minor may engage in business if it is an inheritance.

Society (Partnership)

Two or more persons who come together to create an asset or business entity.

Simple Society (Sociedade Simples)

Subscription to the civil registry of legal entities is required. The Social Contract must detail:

• The partners' skills (parts)
• Location
• Object (purpose)
• Term
• Name
• Company capital
• Share of members
• Each member's service contribution
• Profit/loss distribution
• Administrator
• Responsibility

Dissolution

Amendments to the Contract of Employment: Labor Mobility

I. Functional Mobility

This involves the employee performing duties other than those specified in the contract. It must develop without affecting the dignity of workers while maintaining their training and career development.

Labour Mobility and Functional Changes

• Geographical Mobility: A worker carries out their work in places other than those named in the contract.
• Functional Mobility: Develops while maintaining training and career development. The employee continues to charge the higher salary category.

Mobility Outside the Professional Group

The following distinctions apply when moving outside the established professional group:

Functions of a Higher Grade

1. The employee attains a higher degree

Requirements of the Rule of Law

1. Rule of Law
2. Separation of Powers: Legislative, executive, and judicial. There must be a balance between these three powers to restrict possible excesses and ensure mutual control. This prevents the concentration of power and safeguards the independence of the judiciary, all under the Constitution as the fundamental law.
3. Legality of Government: Regulation by law and judicial control.
4. Rights and Fundamental Freedoms: Formal legal guarantees and their implementation.
5. Administration of Justice

Forms of the Rule of Law

• Liberal State of Law: Legally protects liberal rights, such as the right to life, freedom of thought, association, expression, and religion.
• Social State of Law: Considers and develops social rights (such as

Civil Society vs. Commercial Corporations

This section outlines the major differences between civil society organizations and commercial corporations, focusing on their legal structure and liability.

Defining Civil Society Organizations

Definition

Designates the diversity of people with the rank of citizens, who generally act collectively to make decisions in the public domain outside the government structure.

Formation or Constitution

Consensual (often without limited liability).

Liquidation Process

Settled by arbitrators.

Statute of Limitations (Prescription)

Applies the statute of limitations of the Civil Code.

Liability of Partners

It is unlimited (with all assets) and in proportion to their contributions.

Defining Commercial Corporations

Definition

A

Modes of Initiation of Criminal Proceedings

The Initiation of Proceedings: The Notitia Criminis

The complaint is a system capable of moving the notitia criminis to the courthouse. The complaint of an act with criminal appearance puts the judge in the need to teach, learn, and investigate the veracity of the allegations. The complaint is an act of knowledge; that is, the complainant makes known to the court or competent authority defined events that constitute a crime, without asking for anything or being obligated to anything.

The complaint does not include any request, much less a procedural one. It is basically a civic duty that the law imposes on all who witness or have knowledge of the perpetration of a crime. The complaint does not require... Continue reading "Criminal Proceedings Initiation Methods Explained" »