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

Business Legal Structures

When several individuals decide to pool money, capital, or project work to start a business, they typically form a company or business entity.

Limited Liability Company (LLC)

A key characteristic of an LLC is that liability is limited to the capital contributed by each partner. Its capital is divided into shares, and the minimum capital cannot be less than 3,005 units (currency implied). Partners must fully pay their capital contributions from the company's inception. Members may freely transfer their shares, though they must notify the company. Transmission to ascendants, descendants, and spouses is also free. However, transferring shares to third parties may have restrictions outlined in the company's bylaws.

Shareholders... Continue reading "Understanding Business Legal Structures" »

Protection Against Unfair Competition in Spain

Protection against unfair competition requires a minimum standard of conduct in relation to competitors. In Spain, this protection is regulated by Law 3/1991, which was subsequently amended by Law 29/2009. This legislation ensures that companies compete fairly with one another by prohibiting a range of business conducts designed to prevent unfair competition.

Prohibited Business Practices

• a) Acts of confusion: Prohibited by Article 6, this includes any behavior suited to create confusion regarding the activities, services, or facilities of others.
• b) Acts of deception: Prohibited by Article 7, these involve incorrect or false information, the omission of facts, or any other misleading practice regarding

Types of Legal Company Forms

1. Individual Company

1.1 Self-Employed (Sole Trader)

• Work for oneself: Suitable for individuals.
• Liability: Unlimited liability for debts.
• Taxation: Your profit is taxed via Income Tax.
• Minimum Capital: No minimum capital required.
• Name: Must be the name of the owner.
• Activity: The activity should be profitable.

2. Social Enterprise (Company)

2.1 Capitalist Societies

Sociedad Anónima (SA)

• Members: At least 1 member.
• Minimum Capital: €60,101.21, divided equally into shares.
• Taxation: Corporation tax.
• Name: Name + "SA".
• Liability: Limited liability.

Limited Liability Company (SL or SRL)

• Partners: At least 1 partner.
• Minimum Capital: €3,005.06.
• Taxation: Corporation tax.
• Name: Any name or "SL" + "SRL".
• Capital Structure: Capital divided

Entrepreneurship: The Autonomous Individual

An autonomous individual is a person who engages in economic activity, managed by their own organization and acting in their own name for all operations. This individual is responsible for their business and its outcomes.

Characteristics of an Autonomous Individual

1. Legal and Physical Person

An individual can be a physical person, meaning they exist naturally and possess rights and obligations. Alternatively, they can be a legal person, which also has rights and obligations within the legal framework.

2. Individual Status: Owner vs. Employee

• Individual (Self-Employed): Owns their work and reaps the benefits.
• Individual (Employee): The fruits of their labor are not their property; they receive a salary.

Item 1: Employment Relationship

Conditions of Employment:

• Personal: Work carried out by the individual.
• Volunteer: Work done voluntarily.
• Employed: Work done under the employer's direction.
• Employment: Workers get paid for their work.
• Dependent: Subject to the employer's rules and obligations.

Failure to meet one of these conditions means it is not an employment relationship.

Relationships Not Considered Employment:

• Public officials (working for the state or autonomous region).
• Mandatory personal benefits.
• Work done out of friendship (helping a neighbor with a move).
• Family work (working with your father without receiving remuneration).
• Self-employment.
• Commercial agents.

Special Industrial Relations:

• Household services, athletes, entertainers, individuals

Understanding Occupational Safety & Health

Costs Associated with Workplace Incidents

• Medical expenses
• Benefit allowances
• Disruption of production
• Material costs
• Cost of days not worked
• Corporate responsibility

Techniques for Preventing Work-Related Damage

Prevention techniques can be broadly categorized into two areas:

• Acting on Health: Involves medical techniques.
• Acting on the Work Environment: Involves non-medical prevention techniques.

Preventive Medical Techniques

• Preventive medical examinations
• Preventive medical treatments
• Professional aptitude assessments (choice of profession)
• Health education

Non-Medical Prevention Techniques

• Job security measures
• Workplace hygiene
• Ergonomics
• Psychosociology
• Education and training
• Social policy initiatives

Employer and

Article 6 — Organic Law of the State (BOE, 10 Jan 1967)

Article 6 of the Organic Law of the State (BOE of 10 January 1967). Text nine.

Together, we can consider the Franco regime as a constitutional dictatorship. Franco, not having a constitution as a fundamental norm of the state, resorted to the procedure of making laws, which were drafted according to current needs. During the Civil War, lawmaking developed outside normal channels. Back in the 1940s, others were written such as the Law of Courts, the Jurisdiction of the Spanish, the Referendum Law, and the Law of Succession to the Head of State. In 1958 the Act of the Fundamental Principles of the Movement was issued.

Despite this body of law, the legal apparatus of the system was incomplete.... Continue reading "Franco Regime: 1966 Organic Law of the State Referendum" »

The European Commission

• Headquarters in Brussels, Belgium.
• Main executive body of the EU, responsible for implementing decisions of the Parliament and the Council.
• Has representation in each of the 27 member states.
• A new Commission is appointed every 5 years, proposed by member state governments.
• Defends the general interests of the Union.

Main Features

• Proposes the elaboration of legislative texts.
• Runs and enforces EU law.
• Represents the EU in international organizations.

The Council of the EU

• Headquarters in Brussels, Belgium.
• Integrates a government representative from each member country.
• Chaired every 2.5 years by the president of a member country's government.
• Presents to member state governments.

Main Functions

• Decides with the Parliament on the adoption

Contractual Consent

• Consent: Consistency or agreement between declarations of intentions of the parties listed in the contract. At least two statements are required:

Essential Elements of Consent

• Statement of intent to offer: A person proposes an undertaking or a contract to another.
• Statement of willingness to accept: A reply to the statement of intent, accepting the contract offer.

Contractual knowledge must be produced regarding the object and the cause of the obligation.

Fundamental Principles

• Freedom of Content: Parties can set the terms they want, provided it is not against the law, morality, or public order. (Article 1255 of the Civil Code: The contracting parties may establish the covenants, terms, and conditions as they see fit, provided

Constitutional Control of International Treaties

The Spanish Constitution (EC) is our basic internal standard. Treaties are subject to the control of constitutionality, just as all major sources of our domestic law are.

Procedures and Consequences of Legal Challenges

Who can impugn these treaties, and what are the consequences? Control is prospective; if the sentence confirms constitutionality, there is no issue. However, if it is found unconstitutional, specific measures must be taken. The control must be:

Prior Constitutional Control Under Article 95

• Previous Control: This occurs before the treaty can produce legal effects. Article 95 of the EC states: "1. The conclusion of an international treaty containing stipulations contrary to the Constitution