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

Legal Character of International Law

International law is a legal order; it is not a system of moral rules or courtesy. In effect, the rules of international law serve as rules of law in the international community. States, in their disputes, recall them, call for them, and pay compensation for their offense. All states have the conviction that they cannot escape their knowledge and compliance. International courts of law apply them using all the resources of legal technicalities, and national courts regard them as part of their domestic law and apply them when presented with the opportunity to do so. In other words, public international law is considered as a right.

The Conditions of Multilateral Treaties

• Deferred Signature: This sets a period

Business Structures: A Comparison

1. Sociedad de Responsabilidad Limitada (SRL)

Liability

Partners' liability is limited to their capital contributions.

Capital

Divided into equal shares, minimum $10 or multiples. Full subscription required upon incorporation. Cash or in-kind contributions allowed.

Governance

Meeting of members. Mandatory assembly structure if 20+ members.

Administration

One or more managers (partners or third parties).

Control

Regulatory agency mandatory for 20+ members (lawyer or accountant optional otherwise).

Members

Maximum 50.

Contract

Public or private.

2. Sociedad Anónima (SA)

Liability

Partners' liability is limited to their share subscriptions.

Capital

Full subscription required upon establishment. Cash contributions: minimum 25% upfront,... Continue reading "A Comparison of Business Structures" »

Mandatory Content of Autonomous Community Statutes (Art. 147 EC)

Article 147.2 of the Spanish Constitution (EC) mandates the following minimum content for Autonomous Community Statutes:

• The community's name, reflecting its historical identity.
• Demarcation of its territory.
• Name, organization, and headquarters of its autonomous institutions.
• Powers assumed within the EC framework and rules for transferring related services.

Amending the Statute of Autonomy

The Statute of Autonomy, although an organic law, requires a qualified quorum (2/3 of each House, national and regional) for amendment. It cannot be altered solely by the national Parliament or the regional Assembly. Constitutional amendment (Art. 166 et seq. EC) is the only route for restructuring... Continue reading "Spanish Autonomous Communities: Statutes, Laws, and Regional Governance" »

Understanding Contract Interpretation

The interpretation of a contract refers to its meaning and significance. Several criteria or elements are used in this process.

Criteria for Finding Contract Meaning

Literal Interpretation (Words)

This involves a literal interpretation of the contract. If the terms of a contract are clear and leave no doubt about the intention of the contracting parties, the literal meaning of its clauses prevails. If a word appears to conflict with the clear intention of the parties, the intention will prevail over the literal word.

Systemic Interpretation (Terms)

Contract terms should be considered in relationship with each other. This is a systemic interpretation. The terms of the contract must be interpreted in relation to... Continue reading "Rules for Interpreting Contract Meaning" »

Employment Contract Definition

An employment contract is an agreement between an employer and an employee, establishing the obligation to provide specific services under the employer's direction in return for remuneration.

Forms of Employment Contracts

• The employment contract can be written or verbal.
• If the written requirement is not observed, the contract is considered signed for an indefinite time and full-time. However, this presumption can be countered by proof certifying the temporary or part-time nature of the service.
• Either party may demand that the contract be formalized in writing, even during the course of the employment relationship.

Contracts That Must Be Written

Certain contracts are required to be formalized in writing, including:

1. Indefinite

Title VII: Budgetary System

Article 60: The Republican Moral Council does not display or sort the general supervision file. A decision may allow judicial copying, displaying, or inspection of any particular document, record, or book that corresponds to the file, except for documentation, books, or records that are of a privileged and confidential nature, according to the consideration of the President of the Republican Moral Council.

Article 61: Certified copies requested by authorities or individuals from the Republican Moral Council are issued by the Executive Secretary in cases where the President deems it appropriate. Certified copies may be issued through photographic processes, photocopies, or similar methods.

Article 62: Those who have... Continue reading "Venezuelan Citizen Power: Regulations and Operations" »

Chapter III: Sanctions for Medical Ethics Breaches

Article 83: Types of Sanctions

The Professional Ethics Court, in response to breaches of medical ethics, shall impose the following sanctions, according to their severity or the nature of the violation:

• a) Private reprimand;
• b) Censure, which may be:
  1. Written but private.
  2. Written and published.
  3. Verbal and public.
• c) Suspension from the practice of medicine for up to six months;
• d) Suspension from the practice of medicine for up to five years.

Article 84: Branch Court Competence

The Professional Ethics Branch Court is competent to apply the penalties referred to in subparagraphs (a), (b), and (c) of Article 83 of this Act. If, in its opinion, there is merit for the suspension referred to in subparagraph... Continue reading "Medical Ethics Sanctions & Disciplinary Appeals" »

International Treaties in Spanish Law: Legal Framework

Parliamentary Authorization for Treaties

Article 94 of the Spanish Constitution (EC) refers to international treaties. Some treaties, particularly those concerning matters regulated by law—such as those affecting the duties and financial obligations of public finances—require authorization from the Cortes Generales (Parliament). This authorization procedure is similar to that for ordinary laws.

• Treaties Requiring Authorization

  Treaties that affect public finances or other matters reserved for law require prior authorization from the Cortes Generales.

• Treaties Not Requiring Authorization

  For other treaties not falling under the categories requiring parliamentary authorization, the Government

Commercial Companies

Commercial Company:
A union of two or more people, according to one of the types specified in Law 19,550, in an organized manner. The parties agree to make contributions, either for the production of goods or services, and share the resulting gains or losses.

Nature

• Existence of Two or More People: A commercial company is distinct from a one-person business.
• Reciprocal Benefits: Each partner is committed to making contributions.
• Typical: Its constitution must fall into one of the types legislated in an organized society.
• Production or Exchange of Goods or Services: Always for-profit.
• Participation in Gains and Losses: The corporation can have earnings or losses that members must endure.

Constitution

Contract

• Private Instrument: Among

Legislative Decrees

According to Article 85 of the Spanish Constitution, legislative decrees are government regulations containing delegated legislation. For the government to issue a legislative decree, Parliament must authorize it through a law delegating the exercise of legislative power.

The Constitution permits the delegation of rule-making power, but only under specific circumstances and limitations. The government exercises delegated legislative power within the bounds authorized by Parliament.

Classes of Delegation

There are two classes of delegation according to their intention:

• Basic Law:

  This type of delegation aims to empower the government to create a new text of articles. Basic laws cannot be approved by Commission. They also cannot,