Notes, summaries, assignments, exams, and exercises for Law for Other courses

Antijuricidad: Definition and Types

Antijuricidad refers to typical behavior that harms or endangers a legal right and is not authorized by law. There are two types of antijuricidad:

• Material Antijuricidad: Focuses on the social harm caused by the behavior.
• Formal Antijuricidad: Focuses on the behavior's contradiction with civil mandates and prohibitions, specifically the absence of express statutory authorization (justification) for the harmful conduct.

Absence of Illegality

Legal grounds for justification generally involve:

• Lack of interest (e.g., Section 141).
• The existence of an overriding interest (e.g., defense of necessity, duty, legitimate exercise of a position, authority, or office, and failure of just cause).

Justification: Legitimate Defense

Legitimate

Sources of Legal Interpretation

• Jurisprudence (e)

  Jurisprudence is the wise interpretation of the law by judges when applying legal norms to specific cases submitted to their jurisdiction. Today, jurisprudence is generally not considered a primary source of law but rather a crucial legal institution for interpreting existing legal norms.

• The Doctrine (f)

  The Doctrine refers to the legal opinions expressed by scholars and lawyers regarding legal institutions. While not typically a primary source of law, the doctrine serves as an essential means for understanding and interpreting legal institutions and norms.

Defining Acts of Commerce

Acts of Commerce are the typical expressions or manifestations of commercial activity. These acts are conducted through...

Administrative actions are considered vitiated, and therefore invalid, when their components fail to meet the requirements established by law for their validity. There are two main categories: void acts and voidable acts.

Void Acts (Article 62.1 of the LRJAPPAC)

Voidness is reserved for more serious defects, which include:

• Acts that infringe upon constitutional rights and liberties (Articles 14 to 29 and 30.2).
• Dictates issued by a manifestly incompetent organ due to subject matter or territory.
• Acts having an impossible content (Example: an order of demolition for a building that does not exist).
• Acts that establish a criminal offense or are issued as a result of one (e.g., a license granted through bribery).
• Dictates that outright ignore legally

Business Registration and Compliance

Essential procedures include business tax registration, company social security enrollment, worker affiliation, formalization of employment contracts, legalization of official books, opening license applications, workplace communication, and the acquisition of sealed guestbooks and work clothing records.

Cooperatives

• Drafting the deed of constitution and statutes.
• Obtaining certification of refusal from the central registry.
• Applying for qualification of statutes and notarized public deeds.
• Registration in the official register of cooperatives.

Ownerships

Drafting the corporate contract and execution via a public notary.

Personal Income Tax (IRPF)

A direct tax on natural persons based on personal and family circumstances....

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Sources of Law: Constitution and Civil Code

Sources of Law: Constitution and Civil Code

In a technical legal sense, the term 'sources of law' refers to the various manifestations of law in a given system — that is, the different elements of a legal system, such as laws, decrees, judgments, legal custom, etc. It is not uncommon for the term 'source' to be used simultaneously in these two senses, and for references to the courts as a source or origin of the law.

For historical reasons, the listing of the various sources and their priority is set out in the Civil Code. However, the juridification of the Constitution in the twentieth century has made the Constitution progressively more decisive as a source, since it provides essential aspects for...

Rights and Duties of Workers

The role of the worker is enshrined in Article 4 and Article 5 of the relevant labor law.

Basic Rights

• Right to free choice of profession and craft/art (EC 35.1).
• Right to freedom of association.
• Right to strike.
• Right to participation of employees in the company through representatives.
• Right to collective bargaining (Art. 37.1 CE).
• Right of assembly for workers in the assembly. Agreements can be adopted by a personal, secret ballot. A show of hands can be challenged. A majority is required for voting.

One-third (1/3) of the workers must communicate the convocation of the assembly, including the time and agenda, to the employer in writing a minimum of 48 hours before the meeting. The employer is obliged to provide a place...

Special Labor Relations and Common Peculiarities

Depending on the activity or how it is performed, some labor relations are more special than others. Common examples include:

• Security Guard Jobs: These are considered special because they carry weapons. This role is regulated by the Private Security Act of 1992 and the sectoral collective agreement.
• Working at Sea: This includes ships and merchant vessels. It is unique because the work is performed on a boat, and the recruitment of staff varies (some may stay at home). It is also governed by specific social security rules.
• Jobs on Oil Platforms: These are distinct due to specific working time regulations.
• Aviation Jobs: These are special because the workplace constantly changes and due to specific

Social Security: Protecting Workers and Dependents

Social Security is a public agency that guarantees workers and their dependents are adequately protected when in any of the covered positions. It consists of a series of schemes, with each worker integrated into their respective share:

• Contributory: For workers and their families.
• Non-contributory: For people who have not worked or have not contributed enough.

Social Security guarantees workers protection against a variety of contingencies, ensuring their right to benefits.

Temporary Disability

This refers to the situation of workers who are temporarily unable to work due to:

• Illness or accident
• Occupational disease or accident

Workplace Accident Definitions

• Accident in itinere: Occurs on the way to

Classification of Demand Deposit Accounts by Owner

Types of bank accounts in view (current / savings):

• Individual accounts: a single holder.
• Collective accounts:
  • Joint or pooled: several owners at the same time.
  • Indistinct or solidary: other holders, each with autonomy and availability with respect to others.

Relationship Between a Checking-Account Overdraft and Account Credit

What is the relationship between an overdraft in a checking account and an account credit overdraft?

The relationship between an overdraft (exceeded balance) in a current account and an account credit / overdraft is as follows:

• Both involve bank funds.
• They constitute an unauthorized loan when not previously agreed.
• They are penalized by high interest.
• They imply a risk for the financial