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

Contract Elements

Real Elements

The real elements of a contract are the thing and the price.

The Thing Under Contract

This refers to the good, right, or merchandise being exchanged. The thing must be possible, according to the Code of Commerce:

• Things to resell furniture
• Sale of samples: The seller must deliver the thing with the same qualities as the sample, and the buyer may refuse to receive what was contracted.
• Sale to the test: The buyer purchases the thing, reserving their final decision based on the results of testing the effectiveness of the goods.
• Confirmation unless-Sale: The contract is agreed upon between the buyer and a trade representative.

Price

The price is the amount the buyer is obligated to pay the seller in exchange for the thing.... Continue reading "Understanding Contract Elements, Seller & Buyer Obligations" »

Key Concepts in Spanish Labor Law

Defining Labor Law

Labor Law is a branch of law that regulates the individual and collective relationships arising in a professional context. These relationships are based on work that is performed personally, voluntarily, for pay, as an employee, and under the direction of an employer.

Sources of Labor Law

Internal Sources

These are labor regulations adopted within Spain. They include:

• Executive Standards: Rules with the force of law, such as the Royal Decree-Law and the Royal Legislative Decree.
• Administrative Rules: Regulations issued by lower-level administrative bodies like ministerial departments, municipalities, and county councils.

External Sources

These are labor standards adopted outside of Spain that are... Continue reading "Fundamentals of Spanish Labor Law: Rights and Obligations" »

Understanding Democracy

Democracy is a type of political organization in which power resides with the people, who decide collectively. Democratic organization is opposed to authoritarian regimes, which create oppressive and unfree societies. Democracy also signifies a way of living together that ensures participation.

Having a Democratic Attitude Means:

• A waiver to impose one's own opinions or interests by force
• Tolerance for opinions different from one's own
• Willingness to negotiate

Principles of Democracy

Every democracy is based on respect for principles or rules of the game:

• Democracy must guarantee a legal framework to organize the coexistence of people. The legal framework is based on respect for human rights.
• Freedom of choice through the ballot

ADMINISTRATIVE LEGAL SYSTEM OF THE UTILITY expropriation for public and social interest

Constitutional Base Art 115 CRBV

The right of ownership. Everyone has the right to use, enjoyment, enjoyment and disposition of its assets. The property will be subject to such contributions, restrictions and obligations imposed by law for the purpose of public utility or general interest. Only for reasons of public utility or social interest by final sentence and payment of fair compensation, may be declared the expropriation of any kind of property .... "This is a constitutional right and is respected throughout the securities is not a absolute right, but the right to life if it is an absolute right.

CAN CONSTITUTIONAL STANDARD OF DETERMINING

• guarantee

Principles of Public Employment Access

1. Constitutional Principles Governing Civil Service Access: The constitutional principles that always govern the access of citizens to the civil service are the principles of merit and ability.
2. Access to Public Employment: Access takes place in accordance with, inter alia, the principles of merit and capacity.
3. Assumptions for Public Employment Access: Notes on the following assumption which could enable access to public employment: A Nigerian wife, 16 years old, who is part of the Spanish citizen workforce.

Civil Service Classification and Records

2. Classification of Public Employees (Civil Service Basic Statute): Public employees are classified according to the Civil Service Basic Statute as:
   • Career officials
   • Interim

The Spanish Constitution of 1876: Cánovas's Legacy

Origins and Context

The Spanish Constitution of 1876, incorporating the ideas of Antonio Cánovas del Castillo, marked a significant period in Spanish history. Although Cánovas’s party was called Conservative, its principles were notably more liberal than those of the Moderate Party that governed from 1844–1868. The constitutional text itself is considered a primary source for understanding the Restoration era.

Structure of Government and Separation of Powers

The brief 1876 Constitution established a separation of powers, though it was considered more imperfect than that stated in the Constitution of 1869. This imperfection was codified in Article 18, which outlined that the power of making... Continue reading "The 1876 Spanish Constitution: Cánovas del Castillo and the Restoration Era" »

Self-Defense Requirements

As required by Article CP 24:

1. Illegitimate Assault

An illegitimate assault (intentional) is an essential element, without which self-defense cannot be considered. This term refers to:

• A physical, real rush, but it need not be consummated.
• A current event in the sense of imminent. There can be no early or late defense.
• An unlawful criminal event (involving the person, home, or property). It is not necessary that the offender is guilty.

2. Rational Need for the Means Used in Defense

This is an accidental goal; if missing, it does not constitute complete self-defense but incomplete defense (cut off). It requires that the means of defense be the least invasive possible, using the lowest possible intensity. However, self-defense... Continue reading "Self-Defense and Necessity in Criminal Law" »

Shareholder Withdrawal Rights in S.A.s: Economic Aspects

The LSA (Ley de Sociedades Anónimas or equivalent) recognizes the right of separation for shareholders dissatisfied with an agreement adopted by the General Meeting in the three following cases:

1. Substitution of the company's legal purpose
2. Transfer of the registered office abroad
3. Transformation of an S.A. into a partnership or limited partnership, or by simple shares

Shareholders who have exercised their right of withdrawal shall be reimbursed for their shares. The determination of the redemption value of the shares is distinguished based on whether the shares are publicly traded or not.

Determining Share Redemption Value

• If the shares are publicly traded: The refund will be the average price

Understanding Civil Liability

Civil liability refers to the legal obligation to compensate for damages caused to another person. This right to seek compensation arises when an individual or entity has an obligation to bear the consequences of harm inflicted. The injured party is entitled to claim civil liability, and the responsible party must pay compensation for the damage caused.

Types of Civil Liability

Contractual Liability

Contractual liability arises when the damage is a direct consequence of a breach of an existing contract between the person causing the damage and the injured party. In such cases, a pre-existing contractual relationship defines the scope of responsibility.

Extra-Contractual Liability

Extra-contractual liability, also known... Continue reading "Navigating Civil Liability: Contractual and Extra-Contractual Frameworks" »

Background of the Opposition (Art. 30 LE)

For violations contained in the Expropriation Act. Expropriation should be total if the partial taking renders the property unusable or unsuitable for its intended uses.

The opposition may be made by the owner of the property or any other person having a property right therein. For these purposes, the trial will address ownership and real rights claimed over the res** subject to expropriation.

Trial Evidence (Arts. 29 and 30 LE)

Where the opposition concerning expropriation has been formulated in the answer, a joint evidentiary period of fifteen (15) days will open for the parties to seek and adduce the evidence they deem appropriate.

Case Relationship and Reports (Sec. 32 LE)

The valuation phase begins the... Continue reading "Expropriation Act Legal Procedures and Valuation" »