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

Private International Law: Concepts and Application

Within various legal systems, rules and standards applicable to legal relations with foreign elements are known as Private International Law (PIL) rules or conflict-of-laws rules. For example, if two individuals enter into a contract in Uruguay, and one later sues the other, applying to Chilean courts to declare the contract void in Chile, questions arise:

• Do Chilean courts have jurisdiction to hear this case?
• If, after careful study, we determine there is jurisdiction, should the Chilean judge apply the provisions on contract annulment contained in Uruguayan law or those in Chilean law?

PIL rules of a country determine whether its courts have jurisdiction over a particular matter involving a... Continue reading "Private International Law: Jurisdiction, Conflict, and Treaties" »

Private Crime

1. Identification

Unlawful conduct affecting the field of tested and were initially suppressed by revenge.

2. Types

Furtum (Theft)

Different cases of damage to things that limited property rights, without violence. The owner was granted action against the thief.

Rapina (Robbery)

Property damage with violence. Action of stealing with violence.

Injury

Serious bodily injury, injury to organs of the body (300 and 150 aces), slapping (25 aces), the law of retaliation.

3. Subjects

Active

Victim of the illegal act.

Passive

The author of the crime should have the ability to understand and love.

4. Actions

Urged a covenant, but applies the lex talionis (eye for an eye, tooth for a tooth).

Only a limited subset of torts is included in the enacted law. The... Continue reading "Roman Law: Crimes, Torts, and Quasi Contracts/Delicts" »

Circumstantial Evidence

Circumstantial evidence consists of the union and interpretation of a number of circumstances relating to the act under investigation.

Object

Indirect evidence is intended to derive immediate facts from these circumstances, to those that have immediate significance to the similarity.

Essential Elements

1. A series of events or only one (e.g., evidence of semen).
2. A process that can be deductive—explicit or implicit.
3. A conclusion or deduction under which one or more peripheral facts have been claimed or credited to a central, conclusive fact that will be dynamically linked to the requirement of logical discourse.

Factors

• Rationality of induction or indifference, meaning it is not arbitrary, absurd, or unfounded.
• It must respond fully

Sources of Spanish Labor Law

The Spanish legal system is structured in order of importance regarding labor law:

1. European Union Law

   The Community Charter of Fundamental Social Rights of Workers states the rights to be enjoyed by workers, including: free movement, fair wage, improvement of working conditions, social protection, collective bargaining, and vocational training.

2. The Spanish Constitution

   Establishes the fundamental rights applicable to workers in the workplace.

3. International Labour Organization Conventions and International Treaties

   Harmonize working conditions.

4. Laws and Rules with the Force of Law

   These include organic laws, ordinary laws, and decree-laws.

   The Workers' Statute is the basic rule in labor law, regulating labor rights and duties,

Understanding Social Security Benefits

Social Security provides essential support through various benefit programs. These programs are broadly categorized based on how they are funded and accessed:

Contributory Benefits

These benefits are received by individuals who have contributed to the social security system. They are financed through contributions from both workers and employers.

Non-Contributory Benefits

These benefits are provided to individuals who have not contributed sufficiently to the Social Security system. They serve as a safety net for those who do not meet the contribution requirements for contributory benefits.

Temporary Disability

Temporary Disability refers to a situation where an individual is temporarily unable to work and requires... Continue reading "Key Social Security Benefits and Eligibility" »

The Rise of Progressivism in 19th-Century Spain

The Progressives drew their strength from a powerful popular movement, exerting significant influence on the militia and revolutionary juntas. This period saw progressive urban riots erupt in cities like Andalucía, Barcelona, and Madrid. Amidst this unrest, María Cristina was compelled to form a progressive government. Mendizábal initiated a reform program, but it faltered, leading to his dismissal when progressive sectors, following the uprising of the La Granja garrison, demanded a liberal economic regime. Consequently, María Cristina decided to call liberals to power and restore the Constitution of Cádiz.

Key Progressive Reforms Under Mendizábal

Under the leadership of Mendizábal, the Progressives... Continue reading "Spain's Progressive Era: Reforms and Political Upheaval (1833-1843)" »

Wages and Salary Regulations

Definition of wages

All economic perceptions of workers, in cash or in kind, for the provision of their labor services are considered wages. These include any economic receipts or benefits received as remuneration for professional work.

Salary classification

The salary is classified as one of the following:

• Per unit of time (e.g., hourly, daily, monthly).
• Work-unit (piece) (payment by piece or unit produced).
• Mixed (a combination of the two previous options).

Payment methods

Ways of payment: cash or in kind.

Wage structure elements

The wage structure has the following elements:

• Basic salary: fixed remuneration for units of time or units of work.
• Salary supplements: arise from specific circumstances and are added to the base

Understanding Hereditary Delation: Concept, Nature, and Rights

Hereditary delation encompasses the concept, nature, content, and various classes of the call to inheritance, along with the crucial right of transmission.

Concept and Modes of Succession

The modes by which succession is conferred are:

• Succession is conferred by agreement, by will, or by operation of law.
• The different modes of delation are compatible with each other.

The Call to Inheritance: Delation and Acceptance

As previously stated, hereditary delation is the actual call made to a person's successor, enabling them, through acceptance, to acquire the inheritance. It is clear that delation presupposes a prior call and will be extended to all potential heirs with a hereditary vocation,... Continue reading "Hereditary Delation: Understanding Inheritance Succession Rights" »

Understanding Criminal Intent (Dolo)

Concept, Elements, and Types of Dolo

Concept of Criminal Intent

Criminal intent (dolo) is defined as the awareness and willingness to commit an act that constitutes the objective elements of a crime. If the intended result is not achieved due to factors beyond the subject's will, it may lead to consideration of responsibility for negligence (as defined in Item 5 of the original document) or attempted crime (cf. Item 11 of the original document).

Elements of Criminal Intent

• Intellect: Awareness of the factual elements of the crime.
• Volition: The will to commit the act.

Types of Criminal Intent

Depending on the intensity with which the intellectual and volitional elements appear, the following types of intent can... Continue reading "Criminal Intent (Dolo) and Mistake of Fact in Penal Law" »

The Essential Concept of Administrative Competence

This concept is essential not just as a valid requisite for acts in administrative law (e.g., Articles 53, 62.1b, and 101 of Act 30/92) but generally for public administration.

Meanings of Competence

The concept of competence, to avoid ambiguity, encompasses the following meanings:

• Competence as Competing Action

  This refers to competition or rivalry, which is quite important in areas such as recruitment and selection for public administration.

• Competence as Fitness

  This refers to the professional competence of a person or a subjective personal quality.

• Competence as Derived from 'Compete'

  This refers to what particularly affects, showing it as a relationship. This latter meaning highlights how the legal