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

Understanding the Administrado: Recipient of Powers

The administrado (managed) is the recipient of the exercise of administrative powers. In active situations, this involves individual rights, legitimate interest, and simple interest. In passive situations, it entails duties, obligations, and burdens.

Capacity to Act in Administrative Law

The capacity to act in administrative law refers to the fitness to effectively exercise the rights and duties arising from administrative legal relationships. This is distinct from merely possessing rights, which vary by rule. Factors that may influence or differentiate the capacity to act include:

• Younger age
• Nationality
• Criminal conviction
• Administrative penalty

Administrative Silence: A Legal Fiction

Administrative... Continue reading "Key Concepts in Administrative Law: Acts, Procedures, and Recourse" »

**Adolfo Suárez's Government: A New Era for Spain**

Political Reform (1976-1977)

Adolfo Suárez faced two major challenges upon assuming leadership. The first was political reform. The pivotal *Law for Political Reform*, amending Franco's legislation, established a bicameral Parliament with members elected by universal suffrage. Passed in 1976, this law paved the way for democratic elections. With the support of the opposition, Suárez succeeded in legalizing all political parties and trade unions. The June 1977 elections resulted in a majority for the Union of the Democratic Centre (UCD), Suárez's party.

Measures Against the Crisis

The UCD government proposed a policy of consensus, culminating in the signing of the *Moncloa Pacts* in 1977. These... Continue reading "Adolfo Suárez's Government & Spain's Transition to Democracy" »

Criminal Offenses Against Worker Rights

Illegal Migration Promotion (Art. 313)

Promoting or encouraging illegal migration within the European Union or facilitating the illegal entry of sufficient workers into Spain constitutes a crime.

Consummation: This offense does not require merely the result of the activity; the act of promotion or encouragement is sufficient.

Employment Discrimination (Art. 314)

This offense punishes discrimination in employment, referencing Article 14 of the Spanish Constitution. Examples include discrimination based on sex or ethnicity.

• Active Subject: The employer and those making decisions for the company.
• Passive Subject (Taxpayer): Workers who are discriminated against.
• Conduct: Causing serious discrimination in employment

- SENT TO CONGRESS FOR APPROVAL: What can Congress do with the decree law?

• Validated for the vote, it was ratified in favor, and the decree law is validated.

The government has a parliamentary majority; the decree law dictates knowing it has support in Parliament and therefore enters into force and is validated. The decree law was provisional and, subject to 30 days, becomes a final rule without changing its nature; it becomes law and is part of finalizing the OJ.

• Congress does not agree to derogation; the rate is negative because the decree cannot remain in force. The interim rule loses its validity and is repealed. Repeal would entail extraordinary problems, as it would be in force from 1 to 30 days maximum, and then would have been rejected

Item 9: Democracy, Rule of Law, and the Social State

Over time, some cultures developed a model based on power derived from an agreement among the majority: democracy, where reason is placed in the criteria of the majority. In these states, the authority of the law is based on the law itself, and power is limited by it. Thus arises the social state of law: the State guarantees the respect of laws and acts to ensure the welfare of citizens and equality.

Origin of the Terms Left and Right

The origin of the words right and left is entirely coincidental. They were first applied to politics in revolutionary France in the 1792 Constituent Assembly. Members were divided into two opposing groups:

• The Gironde: Stood to the right of the president.
• The Mountain:

The Lease of Services and the ILO

The lease of services under Article 1544 of the Civil Code: This defines the lease of work or services as a contract under which one party undertakes to perform work or provide a service to another for a settled price.

International Labour Organization (ILO): The ILO aims to improve the living and working conditions of workers internationally. Its most important function is to create rules called conventions. Once ratified and published in the BOE (Official State Gazette), these become part of domestic legislation and take precedence over national standards, except for the Constitution.

Business Outsourcing and Subcontracting

Outsourcing: This involves hiring a business or businesses, groups, or outsiders to take... Continue reading "Essential Principles of Spanish and European Labor Law" »

I. Concept of Real Rights

Patrimonial Rights: Real Rights vs. Obligations

These rights possess an economic value and can be evaluated accordingly. A real right attaches to the holder, granting them authority over an object that everyone else must respect. It is always exercised over a specific thing.

Actions: In Rem vs. In Personam

• Rights in rem (Real Rights): These are actions directed toward the actual property. The owner may exercise an action against anyone in possession of the object.
• Rights in personam (Obligational Law): These actions are directed against a specific debtor. The creditor demands the fulfillment of a benefit from the debtor, rather than asserting a right over a thing.

Rating

Iura in re aliena

These are property rights held over... Continue reading "Understanding Real Rights: Property Law and Obligations" »

Functional Mobility and Job Changes

Functional mobility: The worker is required to perform the work agreed upon joining the company. The employer may unilaterally change the functions that the employee was performing as usual.

Options for Individual Transfers

If the individual is moved, the worker may take the following decisions:

• Accept the Transfer: The company must pay the costs incurred by the worker and their families who are moved.
• Terminate the Contract: The worker shall be entitled to receive indemnification of 20 days of salary per year worked, pro-rated for periods shorter than a year, up to a maximum of 12 months.
• Go to Labor Court: Without prejudice to the enforceability of the transfers, if the transfer is unjustified, the employee will

Certificates of Deposit and Pledge Bonds

A certificate of deposit evidences ownership of goods or commodities deposited in the issuing store.

Bono pledges: Formation of a credit lien on the goods or property as specified in the relevant certificate of deposit.

Only credit institutions and general warehouses may issue these bonds.

Article 231: Certificate and Bonus Pledge Requirements

The document must include:

• The designation of being a certificate of deposit and bonus.
• The signature of the issuing store.
• The place of deposit.

Corporate Structures and Legal Entities

A corporation exists under a specific name and is exclusively composed of partners whose liability is limited to the payment of their shares.

• Must have at least 2 partners, each subscribing

Credit Instruments

The instruments most commonly used in exchanges between companies are the bill of exchange, checks, and promissory notes.

Bill of Exchange

A bill of exchange is a commercial document whereby a person, the drawer, orders another, the drawee, to pay a certain amount of money on a particular date. The payment of the bill of exchange can be made to the drawer or a third party called the beneficiary, payee, or holder, to whom the drawer has sent or endorsed the bill of exchange.

• The drawer: Is the person who is a creditor of the debt and who issues the bill of exchange.
• The drawee: Is the debtor who must pay the bill of exchange. The drawee may accept or reject the payment order given by the drawer, and if they accept it, they are