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

Employee Rights and Labor Regulations

Paid Leave Entitlements

Employees are entitled to paid leave for the following reasons:

• Marriage: 15 calendar days.
• Prenatal Testing and Preparation: Essential time required.
• Childbirth, Death, Accident, or Serious Illness of Relatives (up to 2nd degree): 2 days (4 days if travel is required).
• Transfer of Habitual Residence: 1 day.
• Unavoidable Public Duty and Essential Personal Time: Time legally determined.
• Union Representation: Time set by agreement or regulation.

Additional Permissions

Additional permissions include those for family reasons, attending examinations, or training. For every three months of worker displacement, 4 working days are granted to return to the former home. These permissions may be improved... Continue reading "Employee Rights: Working Hours and Paid Leave Regulations" »

Endorsements on Bills of Exchange

An endorsement refers to the transfer of rights using the expression "pay to" or a similar endorsement.

Types of Endorsements

Plenary Endorsement: Conveys all rights of the bill. It has three effects:

1. Transfer of Ownership: Transfers ownership of the bill.
2. Legitimating Effect: Legitimizes the bearer's possession if it results from a regular chain of endorsements.
3. Collateral Effect: The endorser guarantees acceptance and payment. Subsequent endorsees may limit this by:

• Using the clause "not my responsibility," waiving responsibility to their endorsee and everyone else.
• Using the clause "not to order" or "endorse," guaranteeing acceptance and payment only to their endorsee, but not to later endorsees.

Endorsement Limited

Dealer's Address

Article 40: The domicile of an individual is the place where he lives with the intention to stay. The general address of the trader is the place where its principal establishment is located.

Article 41: When a trader establishes shops in different places, each of these is considered a special address for businesses that are conducted there by himself or by others.

Article 42: Individuals who serve at the home or work of others have the same address as the person they serve, or for those who work, if they are living in the same place.

Article 43: The place chosen for the execution of an act of trade has a special home for everything related to that act and the obligations that would result.

Key Business Concepts

• Assets: All you need

Leasing and Factoring Contracts

The leasing contract in general terms is a lease-purchase. The contracting parties to the factoring contract are called: Client, debtor, and factor. The main document that takes the factoring contract in their operations is the Bill. The radical importance of designating the address by the client in the contract is in bank accounts: to notify in the event of legal action against them.

Insurance Contract Fundamentals

The document where the terms of the insurance contract are immersed is called the Policy. The price or economic contribution made by the insured to the insurance company is called the Premium (Prima). The subjects of the insurance contract are the insurer, insured, policyholder, and beneficiary.

Bankruptcy

Types of Alimony

Depending on the contents of maintenance, it may be necessary or congruous.

• Congruous Alimony: This type of alimony allows for survival modestly in a manner corresponding to the recipient's social position.
• Necessary Alimony: This type of alimony is provided to support life, as referred to in Article 175.

Duration and Enactment of Alimony

Alimony can be classified based on the procedural stage at which it is enacted and the permanence or transience of benefits:

• Permanent Alimony

  Permanent alimony is enacted in the final sentence and continues throughout the life of the recipient, as long as the circumstances that legitimized the demand remain.

• Temporary Alimony

  Temporary alimony is determined during legal proceedings, such as paternity

Understanding the Working Day

Definition of a Working Day

The working day is the time, measured in days, weeks, months, or years, that an employee spends performing their work duties. This measurement allows the employer to determine wages, productivity, and control.

Duration of the Working Day

The standard working hours agreed upon in the employment contract are known as the ordinary workday.

• Weekly Limit: The maximum is 40 hours per week. An employee's workweek can be shorter, but it cannot exceed 40 hours.
• Daily Limit: A workday cannot exceed 9 hours, unless a collective agreement allows for an irregular distribution of hours.
• Special Workdays: The unique characteristics of certain activities and sectors may require extensions to the standard workday.

Judicial Review

Definition: Judicial review is the doctrine under which legislative and executive actions are subject to review and invalidation by the judiciary. Specific courts with judicial review power must annul any act of the State that they find incompatible with a higher authority, such as the Constitution. Judicial review differs between countries.

Models:

• United States: No specific courts are designated for judicial review. The concept developed from a case and precedent, with the Supreme Court having the ultimate authority.
• Germany, Belgium, and Spain: These countries have a specialized Constitutional Court to handle judicial review. However, not all cases are constitutional.

Sources of Law

Primary Sources of Law:

1. Constitution
2. Statutes (

Shares in the Event of Default of a Check

It is necessary that non-payment is accredited by one of the following ways:

• On-notarial protest or a statement by librado.
• By a statement dated in a camera or compensation system.

Evaluation Scoring

This is a service through which the bank performs for a client (medium and large companies) the management of payment to suppliers by the financial and administrative management.

Loans Secured: Definition and Types

A secured loan is established when the risk of loans or credit is considered high, and savings banks often ask for collateral.

Types of Pledge (Mortgage)

One can distinguish two types of pledge (mortgage):

1. The possessory pledge, by which the debtor surrenders the creditor the thing covered by the guarantee.

Procedure for Access to Autonomy

Via general Art. CE 143.2: Simple model. The initiative with the provincial councils. 2/3 of the municipalities whose population represents at least a majority of the electorate of each province or island.

Special Via / rapid Art. 151 CE: Complex model. Also, the county councils. It takes 3/4 of the municipalities in each of the provinces representing at least a majority of the electorate of each one. It also has to be approved by referendum with the absolute majority of voters in each province.

Alternative Exceptional Initiatives

There are also three specific initiatives (other than the conventional two):

• Second Transitional Provision: For territories that had approved by referendum before a statute of autonomy