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

Public Documents

These documents are drafted in accordance with legal requirements and with the intervention of a public official, thereby carrying greater legal weight and effectiveness than common documents.

Public documents pertaining to legal acts include:

• Deeds executed by public notaries in their protocol books, or by other officials with similar powers, and copies of those books taken as prescribed by law.
• Any other instrument issued by clerks or civil servants in the manner prescribed by law.
• Entries in brokers' books, in cases and as determined by the Commercial Code.
• Court papers made in records and signed by the parties, in cases and ways established by procedural law, and copies of such records issued by order of the presiding judge.
• Letters

Determining the Number of Worker Representatives

A. Calculation Based on Workers Employed

The mandatory number of representatives is established by the Workers' Statute (ET):

• Personnel Delegates: See Article 62.1 ET.
• Works Committee Members: See Article 66.1 ET.

B. Workers Considered for the Employee Count

The following employees are included in the count:

• Workers with permanent contracts.
• Fixed-intermittent workers.
• Workers with fixed-term contracts longer than one year.

Counting Temporary Workers (Contracts Less Than One Year)

The remaining workers, whose contracts are agreed to have a duration of less than one year, are calculated based on days of service within the one-year period prior to the call for elections.

For every 200 days of work performed

The Liberal State and the Rule of Law

A Conceptual Phenomenon

A state is considered to operate under the rule of law when it not only possesses rights but also ensures its own submission to the laws it establishes through a combination of fundamental principles. This concept originated in 19th-century Prussia.

Core Characteristics of the Rule of Law

The Primacy of Law

In countries with a Latin or Napoleonic legal tradition, this principle is known as the rule of law, equivalent to the Anglo-Saxon concept of the "rule of law." The core idea is to replace the arbitrary judgment of individuals with the objective criteria of established rules—substituting the government of men with the government of laws. The most important of these laws is that which... Continue reading "Core Principles of the Rule of Law in a Liberal State" »

This document outlines key periods and legislative changes in 19th-century Spanish politics, beginning with the foundational work of the Cortes of Cadiz.

The Courts of Cadiz and the 1812 Constitution

Convened during a period of national crisis, the Cortes of Cadiz drafted a constitution that aimed to reform the old regime. Key aspects of the final text adopted in 1812 included:

• Sovereignty: Resides in the Nation.
• Division of Powers:
  • Legislative: Resides in the Cortes with the King, who can sanction and veto legislation. The Cortes are unicameral.
  • Executive: The King, assisted by secretaries who are accountable to the Cortes. The King has important limitations (orders must be validated by the signature of the Minister, cannot dissolve the Cortes,

Legislative Decrees and Parliamentary Delegation

A Legislative Decree is a rule that emanates from the Government, granted the force of law through delegation by the Parliament.

Key Features of Legislative Decrees

• The Government rules with the force of law.
• Parliament delegates authority via an explicit act of delegation, allowing the Government to dictate these rules, which are called legislative decrees.
• The delegation must be explicit and is subject to time constraints.
• Matters concerning organic law often fall under the scope of legislative decrees.
• The Constitution establishes how the courts control and review legislative decrees.
• Reference is also made to their application in the regional field.

Decree Laws and Autonomous Regions

The dominant doctrinal... Continue reading "Legislative Decrees, Decree Laws, and Regulatory Hierarchy in Constitutional Law" »

Commercial Law Content

The content of the second commercial is synthesized as follows:

• Regulation of the employer and its legal status
• Company Law
• Law of obligations and commercial contracts
• Law of securities
• Bankruptcy law
• Competition law and industrial property

Sources of Commercial Law

The commercial law system participates in the formal sources of our legal system which, remember, according to Art. 1 CC is the law, custom, and general principles of law. However, Art. 2 BCC provides a specialty in the hierarchy of sources. Specifically, Article 2Cco provides that acts of trade are governed by: 1, by the provisions contained therein, failing that, that is, if no applicable provision 2nd custom or usage by commercial (commercial uses) and 3rd the absence... Continue reading "Commercial Law: Employer Status, Sources, and Key Concepts" »

The Single Business Window (FUE)

The Single Business Window (FUE) is an initiative launched in 1999. It was jointly established by various ministries (Justice, Economy, Finance, Labor and Social Affairs, Public Administration), autonomous regions, municipalities, Chambers of Commerce, and the Higher Council of Chambers of Commerce. Its primary goal is to facilitate the creation of companies through two main objectives:

• Inform and Advise Entrepreneurs: Provide comprehensive advice on various aspects of company creation, including required formalities for constitution, suitable legal forms, potential funding sources, public subsidies for firms, and job creation incentives.
• Facilitate Processing: Streamline the administrative procedures involved

Heritage National Institute of Land Transport

Article 24: Assets of the National Institute of Land Transport

The assets of the National Institute of Land Transport are composed of:

1. Those movable and immovable property, rights, and shares which were transferred at the time of its creation.
2. All those movable and immovable property, income, rights, and shares it acquires in accordance with the law.

Income of the National Institute of Land Transport

Article 25: Income Sources

The income of the National Institute of Land Transport consists of:

1. All income earned as a result of its management, as well as the product of its economic activities with natural or legal persons, domestic or foreign.
2. The income from fines and records reviews conducted by the Technical

What is the principle of promptness in administrative procedure? It obliges the authorities and officials of the organs of state administration to act on their own initiative in the initiation of the procedure in question and its continuation, with expedited procedures to process the file and remove obstacles that affect its prompt and proper decision.

What is Rejection in the administrative procedure? Any interested party may waive a right or withdraw its request if it is not prohibited by law. If the procedure was initiated by two or more stakeholders, abandonment or waiver applies only to those who have made it.

What is the expiration of the administrative procedure? It is a form of punishment of the petitioner for failure to provide records... Continue reading "Key Principles of Administrative Procedures" »