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

The Division of Powers

The Spanish state is organized into three main branches: legislative, executive, and judicial.

The Legislative Branch

The Spanish Constitution provides for the General Courts (Cortes Generales), which represent the Spanish people and consist of the Congress of Deputies and the Senate. Their primary functions include:

• Exerting legislative power.
• Approving budgets.
• Controlling the actions of the government.
• Members are elected every four years.

Executive Power

The Executive Power is exercised by the Government, which directs domestic and foreign policy, as well as civil and military administration. It is composed of the President, Vice President, and Ministers. Occasionally, the executive branch performs legislative functions.

The

Working Hours and Labor Regulations

The legal maximum working week is 40 hours (annual total). Note that children under 18 years of age are prohibited from working overtime or performing night work.

Expansion or Reduction of Working Hours

• Extension: Can be achieved by agreement between the parties.
• Reduction: May occur due to force majeure, such as childcare needs, or other justified reasons.

Periods of Rest and Compensation

According to Articles 34 and 37 of the Workers' Statute (ET), every worker is entitled to rest periods. All these breaks, including monthly rest days, are compensated as part of the monthly salary.

Defining Working Hours

Working hours are defined as the time (daily, weekly, or yearly) that the worker must dedicate to fulfilling... Continue reading "Spanish Labor Law: Working Hours and Contracts Essentials" »

D. The Autonomic Question

With the emergence of the Esquerra Republicana de Catalunya government, and negotiated with them, arose the regionalist government, the Generalitat, and the Charter itself. A referendum was convened in Catalonia, through which self-government was granted to the Government, proposing co-official languages.

In the Basque Country, nationalism was a minority, conservative, and Catholic movement, directed by José Antonio Aguirre. By 1932, the Carlists were considering whether to draft a Basque statute following clashes between the Chartists and the nationalists themselves.

E. The Educational Reform

Created by Marcelino Domingo, this reform was oriented toward primary education, aiming to make it free and secular. 10,000 schools... Continue reading "Political Transformations and Educational Reform in the Second Republic" »

Sources of Law

When discussing the sources of law, we refer to the origin of legal authority, where laws come from, and how they manifest. A source of law is the law itself.

Direct Sources

• Laws and standards: Issued by the legislative or executive branches.
• Customary law: Established social practices.
• General principles of law: Fundamental legal concepts.

Indirect Sources

• International treaties: Agreements concluded between Spain and other states or international bodies (e.g., conventions, protocols).
• Jurisprudence: Criteria consistently expressed by the Supreme Court in its judgments.

Definitions and Legal Concepts

The Law: A rule issued by a competent authority with due formalities, which is unexceptional, stable, and sufficiently promulgated.

Customary

Starting a Business in Chile: A Step-by-Step Guide

1. Time to Set Up a Company in Chile

The process may take more than 6 months, approximately 130 days.

2. Costs Associated with Starting a Business

Costs vary depending on the type of company, with a fixed value of approximately $550. Examples:

• Industrial Company: $1,350
• Food Company: $1,270

3. Limited Liability Company Procedures

An individual limited liability company is a legal entity with limited liability. The owner's personal assets are only liable to the extent of their capital contribution. The company is liable with all its possessions.

A company is an association of individuals or legal entities engaged in commercial activity, pursuing a profit or gain shared among partners based on their contribution.... Continue reading "Starting a Business in Chile: Key Steps and Considerations" »

Concept and Nature of the Employment Contract

A contract is an agreement of wills between two or more parties that creates, modifies, or regulates obligations between them.

Autonomy of will allows parties in a contract to freely negotiate conditions.

A. The Concept of Employment Contract

An employment contract is an agreement of wills between a company and an employee. The employee undertakes to provide their services to the company in exchange for payment and acts under the company's direction. Any result obtained from the employee's activity belongs to the company.

B. Simulated Labor Contract Installation

C. Nature of Employment

Features:

• Consensual: The contract is perfected at the moment consent is given.
• Bilateral: Creates obligations for both

Contractor Liability and Outsourcing Regulations

Companies Involved

The primary entities include the Promoter and the Main Contractor.

a) Contracts Under Article 42 of the Workers' Statute (ET)

There are two primary doctrinal theories regarding the scope of "own activity":

• Theory of the Production Cycle: Defines a company's activity circle by operations inherent to the production of goods. The Supreme Court prefers this interpretation, focusing on "essential" activities.
• Theory of Essential Activities: Includes all specific tasks necessary for a particular productive organization to function properly.

The lead company must verify that the contractor is current on tax and social security payments. Obtaining negative certification from the TGSS (Social... Continue reading "Contractor Liability and Outsourcing Regulations in Spain" »

Non-Custodial Protective Measures in Criminal Law

These protective measures differ significantly from detention and probation. They are levied on legal interests that do not affect the freedom of movement, yet they are distinct from punitive measures, involving different legal goods and interests.

Temporary Deprivation of Driving License

Once the court has filed a complaint against an individual for acts committed in connection with the driving of motor vehicles, the judge may, at their discretion, order the provisional deprivation of the driving license for such vehicles, especially if the accused is on conditional release status.

This measure must be reported to the Department of Traffic, which issued the license, ensuring that no replacement... Continue reading "Legal Protective Measures and Securing Financial Liability in Criminal Cases" »

Key Employment Classifications

Character of Employment Relationships

In the context of employment, individuals can be classified as: staff, volunteers, or those in paid employment. Earnings and dependency are key factors in these classifications.

Applicable Legal Norms

• European Community (EC) Law
• Organic Laws (LO)
• Royal Legislative Decrees (RDLegis)
• Royal Decree-Laws (RDLaw)
• Royal Decrees (RD)
• Ministerial Orders (OM)

Employment Relationship Criteria

Certain criteria determine the inclusion or exclusion of specific work arrangements. For instance, whether private work is performed for the state dictates its classification.

• Special Character Relationships: Categories 'a' and 'c' often denote relationships with a special character.
• Excluding Relationships:

Principles of Administrative Sanctioning Power

Article 25 of the Spanish Constitution establishes the fundamental right to legal sanction. Furthermore, the jurisprudence of the Constitutional Court clarifies the ius puniendi (punitive power) of the State.

Principle of Legality and Availability of Law

This principle requires that all administrative violations and penalties be contained in a regulation with the force of law. Consequently, infractions and sanctions must be established by law. This is essential as different regions may have specific sanctions. Regulations in the sanctioning field are subordinate to the law and cannot create new violations or penalties.

Principle of Typicity

Connected to legal certainty, this principle ensures that individuals... Continue reading "Administrative Sanctioning Principles: Legal Framework" »