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

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ITC12 Electrical Link Installations: Components and Schematics

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ITC12: Electrical Link Installations

1.1. Definition

Link installations are defined as the electrical circuits that connect the utility's general protection box(es) with the user's indoor or receiving facilities. They begin at the end of the main service connection and terminate at the user's general command and protection devices.

These installations must always be located in common use areas and are the property of the user, who is responsible for their upkeep and maintenance.

1.2. Components of Link Installations

  • General Protection Box (CGP): Houses the primary protection elements.
  • General Power Supply Line (LGA): The main line feeding the building.
  • Meter Location Equipment (CA): The assembly for housing the electrical meters.
  • Individual Branch
... Continue reading "ITC12 Electrical Link Installations: Components and Schematics" »

Understanding the Presidential System and the Force of Law

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The Presidential System

The Presidential System

While both systems may appear different, one featuring a monarch with secretaries and the other a parliament making crucial legal rules, the political formula known as "presidential leadership" relies on the president's moral and political influence to implement decisions within the state structure.

The presidential regime, similar to a limited monarchy, allows the legislature and executive to perform their roles without creating dependency relationships.

Basic Features of a Presidential Regime:

  1. Monistic Executive Power: The head of state and head of government are the same person: the president. The president, directly elected by the people, possesses popular legitimacy and governs. They freely appoint
... Continue reading "Understanding the Presidential System and the Force of Law" »

Collective Agreement Effects: A Comprehensive Analysis

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Summary teaching the theory of the effects of the collective agreement on the wording of a double top, namely:

1. Principle of the Ripple Effect

In consequence of which the provisions of the Convention apply equally to workers hired before, during, and after its term (articles 508, 509, 524 LOT). Likewise, this principle refers to the collective agreement applies not only to union members that have signed but also to workers not affiliated to that organization, being indifferent to it, or be affiliated with other minority unions.

2. Principle of Automatic Effect

Under which the provisions of the collective agreement clauses become mandatory and an integral part of individual employment contracts concluded or concluded during its validity, with... Continue reading "Collective Agreement Effects: A Comprehensive Analysis" »

Legal Justifications: Self-Defense and State of Necessity

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Characteristics of Unlawful Aggression

Defining Unlawful Aggression

The characteristics of unlawful aggression are fundamental to the doctrine of self-defense. Aggression is defined as an intentional human behavior that:

  • Includes both actions and omissions.
  • Excludes dangers arising from animals or natural forces.
  • Must affect personal legal interests (e.g., person or property).

Aggression must be real. When aggression exists only in the perpetrator's mind, it is termed putative self-defense, which is treated as a case of mistake of law (error of prohibition).

The Requirement of Illegitimacy

The aggression must also be illegitimate. This implies:

  • It excludes threats of lawful actions (e.g., exercising a legal right).
  • However, it includes defense against
... Continue reading "Legal Justifications: Self-Defense and State of Necessity" »

Bank Account Types, Overdrafts and Check Defaults

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Classification of Demand Deposit Accounts by Owner

Types of bank accounts in view (current / savings):

  • Individual accounts: a single holder.
  • Collective accounts:
    • Joint or pooled: several owners at the same time.
    • Indistinct or solidary: other holders, each with autonomy and availability with respect to others.

Relationship Between a Checking-Account Overdraft and Account Credit

What is the relationship between an overdraft in a checking account and an account credit overdraft?

The relationship between an overdraft (exceeded balance) in a current account and an account credit / overdraft is as follows:

  • Both involve bank funds.
  • They constitute an unauthorized loan when not previously agreed.
  • They are penalized by high interest.
  • They imply a risk for the financial
... Continue reading "Bank Account Types, Overdrafts and Check Defaults" »

Spanish Tax Compliance for Businesses and Professionals

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Census Declaration: Understanding Your Tax Obligations

It is a purely informational statement – a non-tax settlement – that allows the Administration to understand the taxpayer's tax obligations, generate a list of applicable taxes, and control and manage the payment of taxes related to the activity in question.

Purpose of the Census Declaration

  • Request a Tax Identification Number (TIN) (for companies only).
  • Communicate applicable VAT rules.
  • Renounce the objective assessment method and the simplified direct estimation method for Personal Income Tax (IRPF).
  • Request inclusion in the Intra-Community Operators Register.
  • Opt for the application of special pro-rata tax regimes.
  • Communicate changes in identifying data, tax deregistration, or the commencement/
... Continue reading "Spanish Tax Compliance for Businesses and Professionals" »

Contract Law: Sale and Lease Agreements Explained

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Case: Sale Contract

1. Definition

Sale: A person called the Seller agrees to surrender possession of a thing to a person called the Purchaser in exchange for a predetermined price.

2. Effects

  • For the Buyer: Must pay the agreed price at the agreed place and time. Must take possession of the thing from the seller. The risk of the thing sold transfers to the buyer.
  • For the Seller:
    • Eviction Guarantee: Must ensure the peaceful availability of the thing until the time of delivery.
    • Must ensure the agreed qualities of the thing.
  • Covenants:
    • Selling to the Test: The seller delivers the item to the buyer, who has a set time to decide whether to finalize the purchase.
    • Indifference: If the thing is not liked, the contract is either not formed or ceases to exist.
    • Addiction
... Continue reading "Contract Law: Sale and Lease Agreements Explained" »

Legal Framework for Business Transactions and Commercial Law

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Item 2: Legal Issues on Company Sales

Sales

A sale is a legal transaction involving the transfer of property between a buyer and a seller.

Duties

The buyer's essential obligation is to pay for the acquired goods. The seller's obligations include:

  • Delivering the goods
  • Ensuring the goods are free of defects (both apparent and hidden)
  • Protecting the buyer's right to the purchased item against legal challenges (eviction)
  • Supporting the buyer in any new activity related to the goods
  • Refraining from competing with the buyer

Seller Specialties

Sellers can specialize in various types of property, including real estate, personal property, industrial property, credits, debts, contracts, accounts, and customer bases.

Lease

A lease is a contract between a landlord... Continue reading "Legal Framework for Business Transactions and Commercial Law" »

Analysis of Contract Nullity and Simulation Cases

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Case 10 and Case 8 Analysis

Assumption II: Contract Flaws

1. Lack of Contract Cause

If the cause of the contract is flawed, according to Claveria and indirectly recognizing the TS, the contract is void, pursuant to Articles 1273, 1274, 1275, and 1276 of the Civil Code.

2. Influence on Will (Flavio's Purchase)

Regarding the will issued by Mr. Briatore:

  • If Flavio had not been drunk, he would not have bought the item.
  • This indicates influence, resulting in flawed consent.
  • The contract is voidable if it had not been for the diffuser installation; otherwise, cancellation might be possible.

3. Intimidation and Contract Invalidity

Here, we face another defect of will: intimidation, which causes the contract's invalidity. Intimidation is contained in Section... Continue reading "Analysis of Contract Nullity and Simulation Cases" »

Legal Safeguards: Precautionary Measures and Habeas Corpus Explained

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Real Precautionary Measures in Criminal Proceedings

Real precautionary measures are economic safeguards designed to secure the corpus delicti (body of the crime) and potential civil liabilities stemming from the commission of criminal offenses. These measures can be levied on both real and personal property.

The Criminal Procedure Code (CPP) typically places no limitations on the types of property or assets that may be subject to these measures. They apply to anything relevant to the offense, regardless of its location, provided it relates directly to the crime. Essentially, they serve as security and conservation measures for properties and items that will later be assessed by the court.

Seizure of Property and Assets

Seizure of things and property... Continue reading "Legal Safeguards: Precautionary Measures and Habeas Corpus Explained" »