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

Classes of Legislative Delegation

Depending on the desired outcome, authorization must be granted to create an articulated text. A Legislative Decree must be based on a Framework Law, which establishes the fundamental criteria that the government must follow.

Constraints of the Framework Law

• The Framework Law cannot authorize the amendment of the act itself (this constitutes fraud).
• It cannot authorize the creation of retroactive rules.

The Framework Law sets the scope of the Government's delegated authority.

Delegation for Consolidated Texts

Delegation may authorize the creation of a consolidated text from several scattered texts, linking and merging them. This involves instructing the Government to compile existing legislation into a single body... Continue reading "Legislative Delegation: Framework Laws and Constitutional Control" »

Contract Work Experience

Internship Contract

This contract aims to enhance previously acquired knowledge through practical work experience. The work performed should align with the worker's qualifications and degree (Upper Middle, Superior, or equivalent official titles). This contract can be established within four years of graduation. The contract duration must be at least six months but no longer than two years, although sectoral collective agreements may specify different durations. Contracts shorter than the maximum duration can be extended. A trial period may also be included. Wages are determined by collective agreements, or at least 60% to 75% of the agreed wage for a similar role, never less than the minimum wage.

Training Contract

This... Continue reading "Guide to Spanish Employment Contracts: Types and Requirements" »

Foundations of Law and Legal Standards

The legal standard is one of the rules that govern our behavior. It is enforced compulsorily and serves as a protection mechanism of the State.

Two Meanings of 'Law'

1. Objective Law: The set of standards that is required to be performed (the body of rules itself).
2. Subjective Rights: The capacity to act that Objective Law allows us. The rules of law not only prohibit actions but also defend our freedoms. Examples: the right to life, freedom of conscience.

The Purpose of Law

The primary purpose of law is to ensure social order (security and peace), accompanied by justice.

Core Concepts in Jurisprudence

• Person: An individual with legal capacity (rights and duties).
• Capacity to Act: The ability that permits the exercise

1. Curiate Assembly (Comitia Curiata)

Though present in the Republican era, the Curiate Assembly's role diminished significantly, becoming largely ceremonial. The original 30 curiae were represented by 30 lictors. The Lex Curiata de Imperio and the Rex Sacrorum maintained some relevance. Acts like adrogatio and adoptio were performed in their presence. Originally a military assembly based on kinship groups (curiae), changes in military tactics led to its decline.

2. Centuriate Assembly (Comitia Centuriata)

This assembly emerged with the adoption of hoplite tactics, a defensive military strategy requiring substantial metal armor. As resources increased and armor became more common, warfare became less aristocratic. Initially a military assembly... Continue reading "Roman Assemblies: Structure, Functions, and Evolution" »

Item 20: Tax Inspection Procedure

Concept and Rationale

The Tax Inspectorate verifies taxable facts, ensuring audits are conducted based on thorough investigation. It gathers evidence on taxpayer transactions to ensure proper tax application as intended by law.

Legal Regime

Article 83 of the LGT defines tax application as encompassing all administrative activities, including taxpayer information and assistance, administration, inspection, collection, and taxpayer actions regarding their rights and obligations.

Organization and Powers

Essential Functions

• Investigating tax liability facts to uncover those unknown to the Administration.
• Verifying the accuracy of taxpayer declarations.

Functions

• Verification and Investigation: Checking declaration accuracy

The Concept of Private Autonomy

Private autonomy can be conceived as the sphere of power that the law confers on individuals to self-regulate their own interests, namely, the power each individual possesses to create, modify, or terminate legal relations.

Private autonomy is enshrined in Article 1255 of the Civil Code (CC), which states that:

Contracting parties may establish the covenants, terms, or conditions as they see fit, provided that they are not contrary to law, morals, and public order.

Furthermore, Article 1091 of the CC shows that:

The obligations arising from contracts have the force of law between the contracting parties and must be met in accordance with their terms.

Limits of Private Autonomy

The limits imposed upon private autonomy... Continue reading "Private Autonomy and Legal Business in Civil Law" »

Working Classes of Contracts

Associate Assistant: As stated in article 10, paragraph 3 of the Workers' Statute (Estatuto de los Trabajadores - ET), an employer may hire a worker who requires an assistant to perform their services. The employer then hires another worker specifically to assist the first. If the primary worker's contract is terminated, the assistant's contract is also terminated.

Contract Group: (Article 2.10 ET) The worker is considered a group of workers, breaking from the traditional concept of the worker as an individual. This is common in fields like construction and for musical groups. The working group must appoint a representative, who must be a member of the group. This group leader acts on behalf of the group. If a member... Continue reading "Understanding Different Types of Employment Contracts" »

1. Laws Affecting Commercial Sales Contracts

2. Qualification of the Contract

Commercial Nature (Arts. 325 and 326 C. of c.)

The elements that comprise the legal definition are buying things for resale, aiming for profit on resale. A commercial sale contract is one where the buyer intends to resell for profit, regardless of being a merchant. It excludes buying for own consumption. The buyer's intention to resell is key, especially if they are

All human beings exist because we possess dignity. Dignity is an inherent condition and moral value that cannot be seen but is deeply felt. Dignity encompasses the set of rights that humans possess simply by virtue of their existence: these are human rights. They are:

• Universal: All humans possess them, and we must recognize them in others.
• Inalienable: They can never be lost, and no one can revoke them.
• Un-transferable: We cannot give them away or cede them to anyone else.
• Required: We can demand that the laws of our country recognize human rights and that governments commit to defending their compliance.

They are also principles of legitimacy. Human rights embody the ideal of justice that human society should pursue.

In major religions, commandments... Continue reading "Understanding Human Dignity and Universal Rights" »

Freedom of Thought and Expression

1. Everyone has the right to freedom of thought and expression. This right shall include freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other media of their choice.

2. The exercise of the right in the foregoing paragraph shall not be subject to prior censorship but to subsequent liability, which shall be expressly established by law and are necessary to ensure:

• a) Respect for the rights or reputations of others
• b) The protection of national security, public order, health, or morals

Freedom of Religion

Religious freedom, or freedom of conscience, is a fundamental right that relates to the choice... Continue reading "Fundamental Rights: Thought, Religion, and Association" »