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

Securities Market Act and the National Securities Market

The Securities Market Law regulates primary and secondary markets of securities. It lays down the principles of its organization and operation, the rules governing the activities of those involved in them, and the monitoring regime.

The issuance of securities should be reported to the National Commission for Securities Market, which is the body designated by the Securities Market Law for that matter.

The National Securities Market

The LMV requires the existence of a public law entity with legal personality and capacity to exercise the functions assigned to it by law and the Ministry of Finance in monitoring and inspection of the securities markets and a few people involved in them.

The CNMV...

Contractual Principle of Relativity

Contracts only produce effects on the contracting parties. Exceptionally, this principle supports affecting heirs, unless the rights and obligations are of a personal nature.

Contracts Affecting Third Parties

Sometimes a contract may affect third parties outside the contracting parties. This situation occurs in:

Contract for the Benefit of a Third Party

An agreement establishing the contents wholly or partly for the benefit of a third person outside the contract. It results in a **right** which allows the third party to **benefit from** the content of the contract as agreed. E.g., Life insurance.

The parties involved in this type of contract are:

• Promisor: The contracting party obliged to **benefit** the third party

Implementation of Measures to Reconcile Rights

• Right to Control: Compliance with labor, social security, employment, and health and safety regulations, agreements, and practices. Implementation of the principle of equal treatment and opportunities for women and men.
• Representatives have the necessary capacity and legal standing to pursue administrative and judicial proceedings, upon agreement by a majority of its members.

Other Legal Powers

Rights of Passive Information: Rights to be informed of business decisions about:

• External functional mobility
• Individual MSCT
• Individual transfers
• Transmission company redundancies of an economic objective

Right of Active Information: Consultation with representatives is required prior to:

• Collective MSCT transfers
• Redundancies

Right

ITEM 7: Types of Dismissal

Collective Dismissal

Concurrent economic, technical, organizational, or production reasons.

• Companies with fewer than 100 employees: Minimum of 10 dismissals.
• Companies with 100 to 300 employees: Minimum of 10% of the workforce.
• Companies with 300 or more employees: Minimum of 30 dismissals.

Objective Dismissal

• Worker's inability to perform their duties.
• Lack of worker adjustment to job requirements.
• Amortization of jobs.
• Truancy.
• Lack of budget.

Disciplinary Dismissal

• Repeated and unjustified absences or lateness.
• Insubordination or disobedience.
• Verbal or physical abuse towards the employer.
• Violation of contractual good faith.
• Continued decrease in work productivity.
• Habitual drunkenness.
• Harassment based on race or other protected

Key Aspects of Labor Law

ETT 1: Temporary employment agencies hire unemployed farm workers, establish contracts, and collect the SMI (Minimum Interprofessional Wage).

2nd Labor Relations:

• Staff: Must be managed by the hired individual. Delegation of this relationship is permitted.
• Voluntary: The relationship is not compulsory or forced.
• Employed: The product of labor belongs to the employer, not the worker.
• Dependent: The employee is subject to the employer's discipline and direction.
• Compensation: The worker receives a salary in exchange for their work.

3rd The Trial Period: The employer assesses the worker's professional attitude, and the worker evaluates working conditions. It must be in writing. Duration: 6 months for qualified workers, 2 months...

Pretrial Detention

Pretrial detention is recognized as a necessary evil in all legal systems. It represents the most serious interference that state power may exercise in the sphere of an individual's freedom without a criminal conviction. A strong justification is needed to warrant it. It consists of the total deprivation of the accused's fundamental right to freedom of movement through their confinement in a prison facility for the conduct of criminal proceedings. It is implemented when it is the only way to ensure the normal course of criminal procedure. The only constitutionally legitimate purposes that detention may serve are to prevent the flight of the accused, which might hamper the investigation, and to prevent the concealment or destruction...

Warranties of Detention

The rights of detainees begin from the time of their arrest. Preventive detention may last no longer than strictly necessary to clarify the facts. In any case, the maximum duration is 72 hours, within which the detainee must be released or made available to the judicial authority. In terrorism cases, this period is extended to 5 days, and in cases of siege, up to 10 days.

When officials come to arrest, police must inform the detainee of the facts alleged against them, the reasons for their deprivation of liberty, and their constitutional rights. These rights are enshrined in Article 520 of the Code of Criminal Procedure:

• Right to remain silent: The detainee is not obligated to make a statement.
• Right not to self-incriminate:

Article 6: Jurisdiction of Chile

Article 6 states that Chile retains jurisdiction over crimes and offenses committed outside the territory of the Republic in the following circumstances:

1. Crimes by Diplomatic or Consular Agents

Those committed by a diplomatic agent or consul of the Republic, in the exercise of their functions.

2. Misappropriation, Fraud, and Related Offenses

The misappropriation of public funds, fraud, extortion, infidelity in the custody of documents, violation of secrets, and bribery committed by public officials, whether Chilean or foreign, in the service of the Republic.

3. Offenses Against Sovereignty or Security

Those that go against the sovereignty or external security of the state, committed by Chilean nationals (natural...

Daimler v Continental Tyre 1916 HOL

Continental Tyre & Rubber Company was incorporated in England, but the holders of all its shares except 1, and also all the directions, were Germans, residing in Germany. The secretary was English. Continental Tyre & Rubber Co Ltd supplied tyres to Daimler, but Dailmer was concerned that making payment might contravene a CL offence of trading with the enemy as well as proclamation issued under S1(2) Trading with the Enemy Act 1914. After the outbreak of the First World War, Continental Tyre company brought an action against Daimler Co Ltd to recover trade dept. The HOL half the thought the Continental Tyre Company was incorporated in England, its effective control was in the hands of Germans, and therefore,...

Inchoate Crimes: An Overview

Definition

Inchoate crimes, also known as incomplete crimes, are actions that are not crimes in themselves but occur in conjunction with other crimes. Examples include attempted murder and conspiracy to commit robbery.

Types of Inchoate Crimes

Conspiracy

Conspiracy is the oldest inchoate crime. It involves an agreement between two or more people to commit an unlawful act. The purpose of conspiracy laws is to prevent and punish criminal partnerships from attempting substantive offenses.

Elements of Conspiracy:

1. Agreement between two or more people
2. Intent to commit a crime
3. Overt act by any co-conspirator in furtherance of the conspiracy

The overt act need not be criminal but only needs to carry the project forward.

Conspiracy...