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

Item 17 - Breach of Contract: Understanding Work Absences

Types of Absences from Work

• Absences
• Suspension of Contract
• Paid Leave

Suspension of Contract

Suspension of contract detracts from the obligations of work and remuneration of labor while maintaining the right to reinstatement.

Grounds for Suspension:

1. Mutual agreement of the parties.
2. The inability of the worker. This includes temporary disability leading to permanent disability. The process concludes with either: a) discharge of the worker; b) qualification of permanent disability.
3. Maternity, paternity, risk during pregnancy or breastfeeding of a child under 9 months, and adoption or fostering. The maternity suspension lasts for 16 weeks.
4. Suspension for paternity. A continuous period of 13 days,

Preliminary Title of the Spanish Constitution

Spain is a social and democratic state of law. Sovereignty resides in the Spanish people. The Constitution is based on the indissoluble unity of the Spanish nation. The political form is the parliamentary monarchy.

Castilian is the official language of the State. Other languages are also official in their respective regions.

The state capital is the city of Madrid.

Citizens and public authorities are subject to the Constitution and other legislation.

Title II: The Crown

The person of the King is inviolable and not subject to liability. This means their acts must be countersigned by the Prime Minister, ministers, or the President of the Congress.

Title III: The General Courts

The General Courts (Cortes Generales)... Continue reading "Key Aspects of the Spanish Constitution" »

Public Service Disciplinary Code

Article 45: Very Serious Offenses

• Breach of fiduciary duty to the Constitution: Conduct constituting an intentional crime.
• Abuse of authority: Practice of inhuman, degrading, or discriminatory treatment during custody.
• Insubordination: Individual or collective insubordination and disobedience to lawful instructions.
• Failure to provide urgent assistance.
• Abandonment of service.
• Violation of professional secrecy: Failure to disclose matters known by virtue of office, which disrupts police work or personal privacy.
• Breach of impartiality: Discriminatory action based on social status.
• Incompatible activities: Exercise of public or private activities incompatible with service, participation in strikes, or similar actions

Contract Termination

Reasons for Termination

Employer-Related Reasons

Death of Employer

Upon the employer's death, all heirs in the transmission company inherit the contracts. Business closure and contract termination must be genuine. If the business continues under a third party, contracts may continue. The contract's expiration upon the employer's death carries statutory compensation equivalent to one month's salary.

Employer's Failure

The employer's inability to fulfill contractual obligations may justify contract termination. The level of inability required depends on the specific case. Compensation is equivalent to one month's salary.

Retirement of Employer

Contract termination due to employer retirement is possible under Social Security schemes.... Continue reading "Contract Termination: Reasons, Procedures, and Effects" »

8.1 The Salary

The salary is the total economic benefit of workers, in cash or in kind, provided through employment services, regardless of the form of compensation or rest periods associated with work. Not every amount received by the worker's salary is considered: amounts received by the employee in compensation or supplements, benefits or compensation from social security (SS), transfers, suspensions, or dismissals. Remuneration Salary: includes weekly rest, holidays (whether recoverable or not), annual leave, and rest periods during the day. Therefore, benefits that are considered salary include: basic salary and allowances. Fringe Perceptions: are non-wage benefits, such as compensation or supplements for expenses, benefits or compensation... Continue reading "Understanding Salary Structures and Payment Criteria" »

What are the Functions Assigned to Criminal Law?

Civil legal asset protection and motivation.

What Underpins the "Absolute Theory" of Grief and How Critical is it?

They look to the past. They see the punishment as "pay" for the harm caused by crime. It is based on the idea that punishment has no other basis than the crime. The penalty exists because a crime has been committed. The basis of punishment is what is known as remuneration.

What are the Main Theories About the Penalty?

• General Prevention: Finds the justification of punishment with the threat and is subjective to individual application (which does not respect the threat will be punished). That is, it leaves the idea of intimidation, formerly General Prevention Negative and now positive.

De Facto Society

When is a Society Considered 'De Facto'?

• When not incorporated by public deed.

How Many Members in a De Facto Society?

• From two members onwards.

Who Liquidates a Partner's Share in a De Facto Society?

• The other members of the society.

Industrial Property & Patents

What Can Be Patented?

• Under industrial property law, patentable inventions must be new, result from inventive activity, and be susceptible to industrial application.

What is a Patent?

• A patent is a certification granted by the government to natural and legal persons, allowing them to exclusively exploit entirely new products or processes for a period of 20 years from the filing date.

Which Agency Grants Patents?

• The Mexican Institute of Industrial Property (IMPI) is a decentralized

Functions of Law

1. Organizing Feature of Social Life

Law governs every society through rules, even rudimentary ones. It regulates social events within community life, including those beyond legal regulation. Law dictates individual and collective behavior, imposing obligations, prohibiting actions, and permitting others. Individuals must adapt their conduct to these mandates, ensuring social order rather than just personal perfection.

2. Organizational Function of Public Authority

Human society requires a superior organization distinct from individuals—a state political organization—legally mandated by law. As Kelsen states, "no state beyond the law."

3. Legitimization of Power

Law creates, distributes, and limits public power. Legitimate power... Continue reading "Functions of Law and Juvenile Delinquency: A Sociological Perspective" »

Constitutional Justice: Control of Laws and the Court

Constitutional Justice

Our legal system provides a body of constitutional review. The Spanish Constitution (EC) is the highest court, monitored by a specific body whose function is to ensure no rule of the Legal Order (OJ) is contrary to the Constitution.

The EC is the highest norm of the system. Thus, it provides for a monitoring system or organ to enable the EC to impose on the rest of the rules. This body is the Constitutional Court.

Models of Constitutional Justice

• American System: Born with a constitution, the U.S. Constitution in 1787, currently in force.

There was the concern that all the rules of the system adequately adhere to them. It does not expressly provide for the control of constitutionality.... Continue reading "Constitutional Justice: Control of Laws and the Constitutional Court" »

Forfeiture and Limitation Periods

Certain rights are subject to a *limitation period*, meaning the right can only be exercised within that specific timeframe. Generally, these periods do not allow for interruption or suspension. Legal codes do not always automatically recognize when a deadline for filing an action has expired, or when prescription has occurred. Legal doctrine often considers *expiration deadlines* as a statutory amendment, distinct from *limitation periods* which are primarily for safeguarding and maintaining a pre-existing right.

Differences Between Forfeiture (Expiration) and Prescription

1. Forfeiture (expiration) can arise from a private act or by law, whereas prescription originates solely from the law.
2. Forfeiture aims to fix