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

Promissory Notes

Functions similarly to a postdated check regarding the current account. It serves as a payment document delivered to a holder, who cannot make it effective until the date shown on it. Promissory notes are standardized and are issued by banks or companies with a format similar to a check.

A promissory note should contain:

• Title of note
• Pure and simple promise to pay an amount
• An indication of maturity
• Place of payment
• The name of the person to whom payment is to be made

Checks

A very useful method of payment, as its mere delivery transfers the amount of money it represents to another person. The recipient can cash it at the issuing bank or deposit it in another bank for collection.

From a legal point of view, a check is a valuable instrument... Continue reading "Understanding Promissory Notes and Checks" »

What is a Vacation Cash Payment (Abono Pecuniário)?

A vacation cash payment, also known as abono pecuniário, corresponds to the conversion of one-third (1/3) of the vacation period into money. This conversion must be requested by the employee up to fifteen (15) days before the expiration of their acquisition period.

Which Employees Are Entitled to Concurrent Vacations?

Certain employees have the right to take their vacations simultaneously:

• Student employees under the age of eighteen (18) are entitled to align their vacations with school holidays.
• Family members working in the same establishment may take leave concurrently, provided it does not disrupt service operations.

Is it Possible to Split Individual and Collective Vacations? Please Substantiate

Triangular Operations in Intra-Community Acquisitions

These operations involve companies from three different EU member states. They consist of:

• A director company buying and selling, which must be a company not established in Spanish territory.
• A supplier that only sells, transports, and delivers the goods.
• A buying company that only acquires the property, which is the Spanish company (in this context).

Regarding the triangulated company, it must be a company not established in the EU and will have these three characteristics:

1. It performs two actions: it buys from one company and sells to another.
2. It benefits from a Community exemption on the purchase.
3. Its relationship with the Spanish company can be expressed as: "I will buy the goods to sell them

Plurality of Parties: Essential Requirement

A contract is a legal act whose existence requires two or more people (parties). Unlike a will, which only requires the legally expressed will of the testator, a contract requires multiple parties.

The parties must also possess the capacity to contract. Incapacity can be categorized as:

• Absolute Incapacity: Those entirely incapable of contracting.
• Relative Incapacity: Those incapable only in specific, legally prohibited cases.
• Specific Prohibition: This includes, historically, professed religious individuals of either sex.

Concurrence of Wills (Consent)

The concurrence of wills is an essential element of a contract, representing the mutual intention of the parties. This intention must be demonstrated through... Continue reading "Essential Elements and Classifications of Contracts" »

Matters Regulated by Statute

Statutory law can regulate and influence any matter, provided it adheres to the criteria of the Constitution and the will of the legislator. However, the power of regulations is more limited, as certain matters are exclusively reserved for statutory law. The scope of a regulation is therefore subordinate, covering what the law permits or has not already established.

Certain subjects are always excluded from regulations. For example, Law 50/1997 of November 27 states that regulations cannot govern matters reserved for statutory law, violate rules of that rank, or classify crimes, misdemeanors, and administrative violations. Furthermore, regulations cannot establish taxes. These areas cannot be defined by regulation... Continue reading "The Role and Hierarchy of Government Regulations" »

Verbal Judgment Procedure (Item 23)

It is a simplified method characterized by the following stages:

• Demand
• Summons to a hearing
• Visa (Admission/Endorsement)
• Judgment

This procedure offers positive effects (speed) but also negative consequences (risk of harm to the right of defense).

Demand and Classification of Claims

Standardized Forms: Used for monetary claims when the amount does not exceed €2,000. The forms are available in court and must be made available to the public; no separate application is required.

Brief Demand: Required for demands greater than €2,000 or Verbal Judgments (JV) based on material subject matter. The demand must identify the plaintiff, the defendant, and the competent court. The claim must clearly establish the relief... Continue reading "The Simplified Civil Procedure: Understanding Verbal Judgment" »

Law: The Concept

Law is the set of rules and principles that govern human relations in society.

Right: A right is the entitlement of every human being to do what they are permitted or to claim what they deserve.

Substantive Law and Positive Law

Positive law is a system of rules established by a particular state and in force at a given time and place — that is, legislation. This law is subdivided into several types:

• Criminal law
• Civil law
• Other branches as applicable

Natural Law

Natural law is a set of principles and rules considered universal and unchanging that should guide positive law; it is the philosophical basis for claiming that a state's actions are just.

Legislative Law: Forms and Functions

The term law may be reserved for rules adopted by... Continue reading "Principles of Law: Definitions, Types, Legitimacy & Justice" »

The Third Level of Regulations

The third level consists of the regulations that dictate the other members, ministers, and ministerial orders. Regulation 50/1997 states that the Crown can never violate the decrees of the council or chairman.

Pure and Proper Regulations

Regulations not issued by the government are parliamentary regulations, which are approved by Parliament. These internal operating regulations have regulatory powers but are not the same as the government; they just share the same name.

Regulations of the General Council of the Judiciary

The General Council of the Judiciary establishes rights, duties, and performance standards for judges and magistrates. There is no separation of powers within the General Judicial Council.

Individuals

Types of Control by the Comptroller

b) Control of merit: when the object of control is the timeliness and relevance of the administrative act.

c) Financial control: when the object of control is the use of monetary resources that correspond to a body or public official in their administration.

d) Management control: when the objective is to assess how the State agency conducts its business.

e) Inhibitory control: inhibitory control is exercised when the entity performing the control has the power to prevent the perfection or effect of an act if it considers that act contrary to current legislation; the audited authority must respect that decision. This form of control may be a prerequisite for the validity of the act, similar to a prior authorization,... Continue reading "Comptroller Controls: Administrative, Financial & Management" »