Notes, summaries, assignments, exams, and exercises for Law for Baccalaureate

Criminal Liability for Violating Labor Rights (CP Articles 315-318)

Crimes Against Safety and Health at Work

The Spanish Penal Code addresses serious infractions concerning the safety and health of workers, protecting the juridical asset recognized in Article 40.2 of the Spanish Constitution (CE).

This protection is complemented by national legislation and international standards:

• Law on Infractions and Penalties in the Social Order (LISOS).
• General Health Law.
• Specialized Social Security Laws.

It is essential to take into account international standards, such as those established by the International Labour Organization (ILO).

Article 316: Intentional Crime (Tipo Doloso)

Article 316 sanctions actions that violate the rights to safety and health at...

Corporate Operations

Taxable Events: Corporate Transactions Subject to Tax

Corporate transactions are considered subject to tax in the following cases:

• The creation, increase, and decrease of capital, merger, division, and dissolution of companies.
• The sums paid by the partners to replenish losses.
• The move to Spain of the place of effective management or the registered office of a company, when they were not previously in EU countries or were not subject to a similar tax.
• The undertaking by entities of operations in Spanish territory through branches or permanent establishments.

For the purposes of Impuesto sobre Transmisiones Patrimoniales (ITP), the following are also considered as companies:

• Non-corporate legal persons, profit-making.
• Contracts

Structure of the Spanish Judicial System

The Spanish judicial system is organized into different jurisdictions, each with its own courts and specializations. Courts are territorially organized, and a system of appeals ensures that decisions from lower courts can be reviewed by higher judicial bodies.

Civil Jurisdiction and Specialized Courts

Civil courts handle private disputes between individuals or companies. The primary body is the Court of First Instance, which hears cases involving contracts, family matters, or property disputes. Some courts specialize in family law or disability matters. The Provincial Court (Audiencia Provincial) resolves appeals against judgments issued by lower civil courts.

Specialized civil courts include:

• Commercial

Administrative Hearings and Antitrust Laws

In an administrative hearing, an administrative law judge hears the complaint and has the authority to swear witnesses, take testimony, make evidentiary rulings, and make a decision to recommend to the administrative agency heads for action. True

A person who is harmed by a conspiracy that violates the Sherman Antitrust Act may sue the wrongdoers for treble damages, which is four times the actual damages. False

An agreement to charge an agreed-upon price or to set maximum or minimum prices between or among competitors is called price fixing but it is not per se a violation of the Sherman Act. False

Boycotts are always illegal, even when done with good intentions. True

Nobel economist Milton Friedman believes...

The fixed periodic contract is considered a part-time contract for an indefinite term, formalized to perform fixed and periodic tasks within the ordinary volume of the company’s activity. The object of this contract relates to different tasks performed on certain dates, specifically during a specific period of the year, on a cyclical basis. In this respect, the start and end of each season are precise dates known by both parties, so employees do not need to be called to work by the employer.

The fixed-discontinuous contract is an indefinite-term agreement formalized to perform jobs of an intermittent nature that do not repeat on certain dates within the ordinary volume of the company’s activity. The start and end of each season are not exact...

Liberal State of Law: Rule of Law and Administration

Rule of Law with Respect to Administration, Jurisdiction, and Citizens

In this concept, the liberal state of law is presented as a legislative rule that states, mainly through the principle of legality, that some authors, like Luis Miguel, believe that evolution has taken this step from the state legislature to the constitutional state. The idea of the state legislature affirmed the principle of legality.

Principle of Legality vs. Rule of Law

The legality principle expresses the idea of law as a supreme legislative measure to which no stronger right can be opposed, whatever its origin or basis. The primacy of the law is, above all, the defeat of the old regime and absolutism. Limiting the absolute...

Public Limited Company (Corporation)

A Public Limited Company (PLC), often referred to as a Corporation, is a legal entity where capital is divided into shares, which can be registered or bearer.

Articles of Association and Capital Requirements

Its written Articles of Association (or Bylaws) govern the company's operations, covering aspects not explicitly mandated by law. The minimum capital, unless otherwise specified by law, is 60,000 euros. Of this, 25% must be disbursed at the time of the company's constitution, with the remaining amounts payable within a maximum period of five years.

Shareholder Rights

Shares represent an aliquot part of the company's capital and confer a series of fundamental rights upon their holders:

• Right to vote in General

Sociedad Limitada (SL): Limited Company Structure

SL Constitution Requirements

The statutes for a Sociedad Limitada (SL) must contain at least the following:

• Name of the Society: The official designation of the company.
• Purpose: A clear indication of the company's activities.
• Registered Office: The official address of the company.
• Share Capital: Details on how the capital is divided into shares, their nominal value, and their correlative numbering.
• Administration Organization: How the administration will be organized, under the terms established by law.
• Other Clauses: Any other special agreements that members deem fit to establish.

SL Corporate Bodies

The management and administration of the society are the responsibility of its corporate bodies. These...

17th Century: Time Drafts and Promissory Notes

C. Instruments were developed

• The Time Draft

  The time draft was the first development. This type allowed a stated period of time before payment was due. A seller of goods could draw such a draft on the buyer, who would then sign it. By signing the draft, the buyer engaged to pay it when it became due. If the seller did not want to finance the sale by holding the draft until the due date, the seller could transfer it to a lender for less than its face value. The lender could then be paid the face amount of the draft by presenting it to the buyer for payment on the maturity date. The time draft served both as a credit instrument and to transmit funds.

• The Promissory Note

  The promissory note appeared secondly

1-Kind of Biz

The first thing which man is extending to enter into a biz has to consider is the kind of the business he should take up. There are so many classes & subclasses of Biz. And to pick up the best and most profitable line out them requires considerable knowledge experience for sight.

2. Forms of Biz Org :

Once the actual biz is to launched upon is decided the next logical question coming up for consideration is the form of biz establishment is to take up other words it has to be settles whether is to be one man's biz or partnership or JSC.

3. Estimation of profitability of biz:

Next is to estimate the profitability of the biz which the product and service are going to be sold.

4.Size of biz:

There are 3 type of biz via manufacturing,...