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Employment Contract Types: Permanent, Fixed-Term, and Special Agreements

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Permanent Employment Contracts

Indefinite Contracts: These are contracts without a certain completion date. They are presumed to be held indefinitely unless proven otherwise.

Promotion of Permanent Contracts

Purpose: To facilitate the placement of groups affected by unemployment, including:

  • Workers over 45 years of age.
  • Individuals registered for at least one month with the public employment office.
  • Disabled workers.

Fixed-Term Contracts

Fixed-term contracts must have a fixed end date. The Labor Statute outlines specific circumstances for their use.

Contract for Specific Work or Service

  • Purpose: To carry out specific works or services.
  • Duration: Determined by the time required to perform the work or service.
  • Notice: If the duration exceeds one year, 15
... Continue reading "Employment Contract Types: Permanent, Fixed-Term, and Special Agreements" »

Understanding Labor Laws: Contracts, Rights, and Regulations

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What is an Individual's Job?

An individual's job is one whereby an individual agrees to perform any work or provide professional services to another natural or legal person under the continuing dependence or subordination of this and through payment.

What are the Three Elements Essential to Ensuring an Employment Contract?

The three essential elements are:

  1. The worker's personal activity is performed.
  2. Continued subordination or dependency of the worker on the employer.
  3. Pay for service as remuneration.

What is the Pattern Subject to When Establishing a Working Relationship with a Minor?

The pattern is subject to the fulfillment of all obligations of the contract. However, the official office of the Ministry of Labor may, ex officio or on application,... Continue reading "Understanding Labor Laws: Contracts, Rights, and Regulations" »

Ius Commune and the Birth of European Legal Systems

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The Formation of Ius Commune and the Rise of Universities: The Mos Italicus

Common Law Training and Doctrinal Practice

The legal doctrine of the 15th, 16th, and 17th centuries is more accurately described as common law because it highlights its main characteristics:

  • It unifies the various sources of law (Justinian law, canon law, and local rights) into a single, common object of all European legal discourse.
  • Its unique methods and styles are based on common reasoning.
  • These methods and styles were fostered by uniform legal education throughout Europe.
  • They were disseminated through literature written in a universal language (Latin).

The unification of legal systems, enabling a common legal discourse and promoting unifying trends in legislative and... Continue reading "Ius Commune and the Birth of European Legal Systems" »

Spanish Corporations: SA and Limited Partnerships

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Item 6. SA and Limited Partnerships

1. Company Types

SA (Sociedad Anónima)

  • Ideal for accessing capital markets.
  • Mandatory for large companies.
  • Minimum capital: €60,000.
  • Partners choose the company's social purpose at incorporation.

Limited Partnership (Sociedad Limitada - SL)

  • Suitable for small and medium-sized companies.
  • Minimum capital: €3,000.

2. Characteristics of Corporations (SA)

  1. Share Capital: Divided into shares, each representing a part of the social capital and granting ownership.
  2. Social Capital:
    • Determined in the company's statutes.
    • Must be stable, with a minimum of €60,000.
    • If half the equity capital is lost, it may lead to bankruptcy.
    • Key Aspects:
      • Existence and Determination: Social capital must be established and divided into shares.
      • Stability
... Continue reading "Spanish Corporations: SA and Limited Partnerships" »

Modernizing Spain's Police: Legislative and Constitutional Shifts

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Police Forces in Catalonia During the Second Republic

During the Second Republic, the Municipal Guard (formerly known as the Municipal Guard Navy, now the Municipal Police) played a crucial role. Their duties included intervening to prevent crimes and misdemeanors, prosecuting perpetrators, and acting as a Surveillance and Security Corps to maintain public order.

The Second Republic also saw discussions about the decentralization of police regions. In Catalonia, the Autonomous Police (often referred to as the "Freelance Police" at the time) established its own structures and scales, operating under the Central Government. This included units like the Esquadra de Porters (Squadron of Porters), which contributed to regional security.

Law 55/1978:

... Continue reading "Modernizing Spain's Police: Legislative and Constitutional Shifts" »

Taxable Events: Commercial and Administrative Documents

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Commercial Documents

Bills of Exchange

Taxable Event: Refers to bills and documents that comply with a swivel function, i.e., remittance or money order.

Taxpayers: The drawer and others who draft documents issued.

Tax Base: Is rotated and takes the amount of the quota on a fixed scale.

Safeguards and Certificates of Deposit

Taxable Event: Issue or transfer of receipts or certificates of deposit.

Contributor: The issuer.

Tax Base: The nominal amount to determine the share, using the same fixed scale as for bills of exchange.

Form: Using a mobile ring (stamped paper can be purchased at newsstands). A receipt or certificate of deposit is a security issued individually and to the order. It concerns a bank deposit of a minimum amount, which is transferable... Continue reading "Taxable Events: Commercial and Administrative Documents" »

Understanding Shares and Securities in Argentine Corporations

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Actions and Characters:

  • Equal Value: The shares will always be of equal value, expressed in Argentine currency.
  • Different Kinds: The status can provide different kinds with different rights; within each class, all shares will carry the same rights. It is void otherwise.
  • Individuality: The shares are indivisible.
  • Joint Ownership: If there is joint ownership, condominium rules apply. The company may require unification of the representation to exercise the rights and fulfill social obligations.

Shares and Securities:

  • Titles: Titles may represent one or more actions and be:
    • Bearer: The rights are acquired by mere possession.
    • Nominative Endorsed to the Order: Extended on behalf of a particular person and can be transmitted by endorsement.
    • Registered Non-
... Continue reading "Understanding Shares and Securities in Argentine Corporations" »

Understanding Business Concepts and Corporate Structure

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Business Concept and Economic Sectors

The business concept defines a company as all human activities organized for the purpose of producing goods or providing services.

Economic Activity Sectors

  • Primary: Includes resources related to agriculture, fisheries, forestry, etc.
  • Secondary: Production/Manufacturing output.
  • Tertiary: Includes transportation, commerce, and other services.

Elements of the Company

To provide goods or services, a company requires several elements, such as land, buildings, machinery, transportation, and technology. In an enterprise, resources are used or consumed based on three classic factors:

  1. Nature (passive role; requires human collaboration).
  2. Work/Labor (organization; active collaboration between man and nature).
  3. Capital (which
... Continue reading "Understanding Business Concepts and Corporate Structure" »

Chilean Constitutional Framework: Law, History, and Governance

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Understanding a Constitution

A constitution is the supreme law of a country. It serves as the core of a state's legal framework, establishing the organization of government and the fundamental rights of its people. As the highest-ranking document in a society's legal system, it is designed to regulate key aspects of political life. A constitution is considered legitimate when it accurately reflects the values and way of life of its people.

Structure of a Constitution

  • Preamble: Explains the constitution's purpose and importance.
  • Dogmatic Part: Outlines the fundamental principles governing the state and the people's rights. This section often determines the constitution's legitimacy.
  • Organic Part: Defines the organization and powers of the branches
... Continue reading "Chilean Constitutional Framework: Law, History, and Governance" »

Roles of Active and Passive Parties in Criminal Procedure

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Parties in Criminal Proceedings: Roles and Responsibilities

Active Parties (Accusers)

Active parties are individuals, legal entities, or institutions calling for the satisfaction of a determined interest through judicial intervention.

The Public Prosecutor's Office (Ministerio Fiscal)

The Public Prosecutor is an organizational body composed of public employees of the Justice system, distinct from the judiciary. It operates impartially. Its main objective is the protection of legality and the defense of the accused.

  • Interest: To defend legality and ensure the correct application of the law.
  • Statute: Governed by an organic statute embodying the principles of action and hierarchical dependency.
  • Proceedings: Entitled to institute criminal proceedings
... Continue reading "Roles of Active and Passive Parties in Criminal Procedure" »