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

System Security: Prevention and Relief

The security system is an integrated package for the prevention and relief of personal risks through individualized and measurable economic benefits.

General System Eligibility

• Persons aged 16 years and foreigners residing in Spain.
• Employed workers, salesmen, bullfighters, artists, professional athletes, prisoners, clergy.
• Individuals working in roles that necessitate inclusion in special work schemes.
• Individuals with marginal employment that does not constitute a primary way of life.

Special Arrangements

• Agrarian workers.
• Self-employed workers (autónomos).
• Special Scheme for domestic employees.
• Special Scheme for coal mining.

General Social Security Scheme

A) Company Registration

Any employer recruiting workers... Continue reading "Spanish Social Security System: Registration and Benefits" »

Social Security Protection

Social security is designed to ensure that employees and their dependents receive adequate protection during situations of need, such as accidents, sickness, or unemployment.

Types of Social Security

• Contributory: Includes workers residing and operating within the national territory.
• Non-Contributory: Includes Spanish residents who are not covered by the contributory system due to insufficient contributions or lack of eligibility for benefits.

Social Security Regimes

• General Regime: Covers employees who perform services under standard conditions.
• Special Regimes: Applies to those whose services have specific features, including:
  • Agricultural workers
  • Seafarers
  • Mineworkers
  • Self-employed individuals
  • Special officials
  • Domestic workers
  • Students
  • Other

Basic Rules
The basic rules to follow in terms of Social Security (SS) are as follows:

1. General Law SS: RD 1 / 1994 of June 20th.
2. Law of PGE: Drafted annually.
3. Rules of Contributions to the SS: Drafted annually.
4. Fiscal, Administrative, and Social Order: Annual production.
5. General Regulations for Charging the SS System.
6. RD 1637/1995: 6 October.
7. General Rules of Trading, Settlement, and Other Rights of the SS: RD 2064/1995.
8. General Regulations on Disposal of Businesses, Affiliation, High, Low, and Variation Data of Workers in the SS.
9. RD 84/1996: 26 January (Family Conciliation Act: Act No. 39/1999. Act for Effective Equality Between Men and Women: Law 3 / 2007).
10. Measures to Improve Family Protection: DR. 1 / 2000 of 14 January.
11. Rules of the CCAA.
12. Conventions

Modification of Laws of October 25, 1839

Navarre

The Navarre Commission consulted the government and courts. The Treaty Law (1841) retained its civil law and maintained self-government in fiscal and military matters.

Basque Provinces

The Basque Provinces did not attend the consultations. In 1841, moderate Basque deputations supported a finding that failed, leading Espartero to decree the abolition of privileges. In 1844, there was a partial restoration of privileges (moderate) because the earlier decree was intended as punishment to prevent discontent and curb the radicalism of the progressives.

• Restored juntas and county councils, but with fewer powers.
• Restricted the political powers of the chief (mayor).
• Customs and rural transit duties were not

The System of State Aid Under National and Community Law

When economic incentives are addressed to business and productive sectors, the forecasting and granting of aid are subject to effective limits arising directly from Community law. Given its impact on free competition and the proper functioning of the market, supranational interventionism is necessary when creating a single market. Each State granting financial assistance for its productions and companies can erect an insurmountable obstacle to achieving this single market.

ECA Framework and Control

The European Court of Auditors (ECA) established a regulatory framework for national economic and financial aid aimed at preserving the minimum requirement of "negative integration" for the community... Continue reading "EU State Aid System: Competition and Market Integrity" »

Specific Content of Marriage Records (Art. 89)

The marriage record, or minutes, must contain the following specific information:

1. The full name, identification (ID), age, profession, place of birth, and address of each of the parties.
2. The full names, professions, and domiciles of the father and the mother of each of the parties.
3. The declaration made by the husband and wife, confirming their intent to marry.
4. The statement made by the contracting parties regarding the recognition of children, if applicable.
5. The full name, identification (ID), age, profession, and address of each of the witnesses.

Provisions for Deaf or Mute Parties in Marriages

In cases involving deaf or mute individuals, their expression of consent must be in writing if they are able... Continue reading "Marriage Record Requirements and Procedures" »

Specific Content of the Act (Rule 477)

• Place, day, and time of death.
• Cause of death.
• Personal details of the deceased: Full name, age, identification, profession, and residence.
• Marital status: Name of the surviving spouse or predeceased spouse.
• Children: Full names of all children, including those deceased and minors.

Special Mentions (Rule 481)

This applies if the body cannot be found or identified.

If a death occurs during a calamity and the body is not recovered, but there is conviction regarding the identity of the person, the authority may open a civil action. All circumstances must be reported to the judge of the first instance. Once the death is proven, the judge notifies the civil authority to register the death in the official records.

Probative

John Locke's System of Government Controls

The primary objective of political action, according to John Locke, is the preservation of individual rights. His system relies on several key pillars:

1. Subjugation of Public Authority to Law

Public authorities must remain subject to the conditions of the original contract to avoid arbitrary actions. This conceptualization assumes:

• The existence of a constitutional government.
• The priority of the legislature over other state powers.
• The right of the assembly to depose monarchs.

2. Effective Division of Powers

Locke pioneered the theory of the separation of powers, distinguishing between:

• Legislative Power: Corresponding to Parliament.
• Executive Power: Held by the Crown and its government.
• Federative Power:

Exceptions to the Principle of Expertise in Temporary Sheds

The State Budget has a limited temporal duration of one year. During this period, expenditure credits are applied to the public needs for which they were granted. If no such application occurs, the law mandates their cancellation (Art. 49 LGP).

Inclusion of Remaining Credit

Regulated in Art. 58 of the LGP, this provision allows for running costs that were not completed within the fiscal year to be carried forward. The regulation establishes that, provided there is a standard legal status, certain income may be incorporated without requiring the cancellation of appropriations on December 31st.

Credit Additions and Multi-Year Commitments

Additions to credit affecting the state budget are... Continue reading "Public Budgeting: Exceptions to Expertise and Expenditure Commitments" »

Substantive Clauses

Substantive clauses function as nouns or noun phrases within a sentence. Nexus: that, if, interrogative pronoun.

Adjective Clauses (Relative Clauses)

Adjective clauses modify nouns, just like adjectives. The noun being modified is called the antecedent. Adjective clauses are also known as relative clauses because they are introduced by relative pronouns, adjectives, or adverbs.

Links:

• Relative pronouns: who, whom, whose, which, that
• Relative adjectives: whose
• Relative adverbs: where, when, how, why

Types of Adjective Clauses:

Restrictive (Defining) Clauses

Restrictive clauses limit or define the meaning of the noun they modify. They are essential to the sentence's meaning.

Example: Students living far away arrived late. (This limits... Continue reading "Understanding Subordinate Clauses: Adjective and Adverbial Types" »