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

The Concept of Economic Constitution

The elements that define a state as social, with the exception of the fourth (exclusive to our country), are generally reflected following the Second World War.

The Economic Constitution is understood as part of the formal constitution, comprising items intended to regulate different aspects of the social state, such as fiscal measures and economic policies.

In our Constitution, this part holds great importance, mainly due to the significant influence of center-left forces during its creation. Consequently, the Economic Constitution in our country is quite broad.

In addition to the aforementioned problems of interpretation within the context of an economic crisis, the idea of a social state, and Spain's membership... Continue reading "Understanding the Economic Constitution: Key Principles" »

Employer Social Security Obligations

Social security responsibilities for employers can arise from several factors, particularly concerning surcharges on benefits due to work accidents and occupational diseases. This involves a surcharge of 30% to 50% on social security benefits if worker injuries result from:

• Machines, facilities, or workplaces lacking required safety devices, or if these devices are unusable or unsafe.
• Failure to implement general or specific health and safety measures at work, or basic sanitation standards.
• Failure to consider an individual's suitability for work, taking into account age, sex, and other worker characteristics.

This surcharge is uninsurable and falls directly on the employer responsible for the indicated safety... Continue reading "Employer Responsibilities & Workplace Safety Standards" »

A standard collective agreement is very unique. Its uniqueness lies not only in its origin outside state regulatory power, but it is also complex and mixed.

In effect, the collective agreement is at the same time a contract and a standard. The collective agreement, by its origins, is a contract, agreement, or covenant, but its effect is a standard for the purpose of regulating working conditions.

And this resulted in a series of consequences (its dual nature).

Collective Agreement as a Covenant

As a pact, it creates certain obligations that the parties arrange. These obligations are what has become known as the "obligational content of the agreement". This "obligational content" is in any agreement, meaning that parties to it are bound by the agreement.... Continue reading "Legal Status of Collective Agreements" »

Absolute Revocation of Contracts: Legal Concept, Characteristics, and Causes

A contract is void if not radically legal. It is the ultimate sanction of law to those contracts that:

• Have been transferred within the limits of the ordinance for the game of autonomy: the law, morality, and public order, as reflected in Article 1255 of the Civil Code.
• Lack the essential requirements of Article 1261 of the Civil Code (consent, object, and cause, and in some cases, also form) or those imposed by law because of the specific type of bargaining.
• Are unlawful, under section 1275 of the Civil Code.

The invalidity prevents the contract from deploying its kind effects ab initio and cannot be remedied by recognition or the passage of time. The only way out is to... Continue reading "Absolute Revocation of Contracts: Legal Effects" »

Term Contracts Under CLT Article 443

The employment contract may be agreed expressly or tacitly, verbally or in writing, for a specified period or indefinitely.

Definition (CLT Art. 443 § 1)

A term employment contract is one whose duration depends on a prefixed term, the performance of specified services, or the completion of a certain event capable of rough estimation.

When Term Contracts Are Valid (CLT Art. 443 § 2)

A term contract is valid only in the following cases:

• Services of a transitory nature that justify predetermining the period;
• Temporary business activities;
• Experience contracts.

Example for temporary business activity: An Easter egg factory can hire employees for a specific period.

Maximum Duration (CLT Art. 445)

The maximum duration... Continue reading "Term Contracts Under Brazilian CLT Labor Law" »

Preamble

Preamble: This German Corporate Governance Code (the "Code") presents essential statutory regulations for the management and supervision of German listed companies (governance). The Code clarifies the obligations of the Executive Board and Supervisory Board, in accordance with the principles of the social market economy, to ensure the company's survival and its lasting value.

Shareholders and General Meeting

Shareholders: The shareholders exercise their rights at the AGM and exercise their right to vote. The Board shall submit to the General Meeting the annual accounts and consolidated financial statements. It decides on profit allocation and the discharge of the Executive Board and Supervisory Board, elects the shareholder representatives... Continue reading "German Corporate Governance Code: Management, Supervision & Transparency" »

Constitutional Reform: Adaptation and Modification

Constitutions are often created with the notion of permanence, yet survival requires reform and adaptation to changing historical and political realities. Therefore, constitutional modification refers to the formal process of reforming the fundamental law of the state.

Types of Constitutional Reforms

• Partial Reform: Only specific provisions or items are changed.
• Total Reform: Involves changing the entire constitution. This type is often categorized by two criteria:
  • Qualitative Criterion: Reforming key institutions of a country (e.g., a change in the political regime).
  • Quantitative Criterion: Reforming more than half of the articles of the constitution.

Intangibility Clauses and Cornerstone Terms

Intangibility... Continue reading "Constitutional Reform: Procedures, Types, and Limits" »

Obligations and Rights

A person (the debtor) has bought an item and has not yet paid the seller (the creditor).

An obligation is a legal bond that links two or more people. At least one of them, known as the debtor, is subject to performing a benefit for another, called the creditor.

The obligation and the right to credit represent two sides of the same reality.

Content of the Obligational Relationship

The debtor and creditor are united by a bond that is composed of two elements: debit and responsibility.

• Debit: This requires the debtor to perform a benefit, which the creditor can demand to fulfill a legitimate interest under their credit right. Debit must be accompanied by responsibility.
• Responsibility: This has a patrimonial character; it is a

Bad Check Issues

Bad check implications:

• Embezzlement - CP 171, § 2, VI - is a felony.
• If there are no funds - non-payment of a check for insufficient funds, when in fact there are funds, by itself generates moral damages to be compensated - the docket entry 388 of the STJ.
• The case of joint accounts - accounts for the bounced check only one who issued the check.
• Art. 47, § 3 LC-out of funds after the deadline (30 or 60 days), have been given during the presentation available funds, and the server no longer have them (funds) for reasons beyond their control - eg. : liquidation of the bank; theft.

Protest for Non-Payment

• Necessary to allow the protest to the execution of endorsers and their guarantors; Now you can charge without protest, by a declaration

Cognitive vs. Executive Activity in Law

Cognitive Activity: This refers to the process suitable for recognizing a right that is still uncertain and formulating the legal rule applicable to a specific case. It is a knowledge or cognitive process.

Executive Activity: This involves the state instruments available for the effective practice of law that has already been recognized. It is the implementation process, which can be standalone or a phase within a broader process.

Main Goal of Legal Enforcement

The primary goal of enforcement is the practical and real satisfaction or realization of a right recognized in an enforceable judicial or extrajudicial title.

Key Enforcement Principles: Effectiveness & Lower Cost

Principle of Maximum Effectiveness: