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

1977 General Elections and Aftermath

General elections were held on June 15, 1977. Election Day passed with absolute normality and a high turnout. The victory went to the Union of the Democratic Centre (UCD), which secured 166 seats, leaving the Spanish Socialist Workers' Party (PSOE) in second place. The so-called "Parents of the Spanish Constitution" were appointed by leaders of different parties: Manuel Fraga from the People's Alliance, Miquel Roca representing the Catalan minority, Gregorio Peces-Barba from the PSOE, Gabriel Cisneros, Pedro Pérez Llorca, and Miguel Herrero y Rodríguez de Miñón from the UCD, and Jordi Solé Tura from the Communist Party of Spain (PCE).

The Courts elected on June 15, 1977, were not formally constituent...

THE CONSERVATIVE REAL ESTATE

ELREGISTRO OF WATERS AND ARTICLES CA 112 121

The functions of the conservative form of appointment and the procedures to be supported are regulated in the Courts Organization Code (Articles 446-452), the Civil Code (Articles 686-699), and the Conservatory Real Estate Registration Regulations. These rules, under the provisions of Articles 112 and 121 CC, apply extra to the specifications stated in the CA.

It is conservative jurisdiction that is set forth in Article 118: in whose territory the intake channel matrix is located in the natural channel, reservoir, or well, and, in your case (see article). Exception: as noted in Article 1 transitional, item 2, CA, where appropriate.

The registration of water is composed of...

Employment Contract Termination Rules

1. Termination Due to Contract Duration Compliance

This applies when the contract reaches its stipulated end date or the completion of the service for which it was hired.

Causes

• Completion of the agreed duration or performance of the contracted work or service.

Procedure

• If the contract duration is greater than 1 year, the employer must notify the company at least 15 days in advance.

Indemnity

• The employee is entitled to 8 days' wages per year of service (or the legally established rate for temporary contracts).

2. Worker Resignation (Voluntary Termination)

Causes

• The worker's decision need not be justified.

Procedure

• The worker must provide notice of resignation at least 15 days in advance.
• In case of breach of the

Commercial Law Content

The content of the second commercial is synthesized as follows:

• Regulation of the employer and its legal status
• Company Law
• Law of obligations and commercial contracts
• Law of securities
• Bankruptcy law
• Competition law and industrial property

Sources of Commercial Law

The commercial law system participates in the formal sources of our legal system which, remember, according to Art. 1 CC is the law, custom, and general principles of law. However, Art. 2 BCC provides a specialty in the hierarchy of sources. Specifically, Article 2Cco provides that acts of trade are governed by: 1, by the provisions contained therein, failing that, that is, if no applicable provision 2nd custom or usage by commercial (commercial uses) and 3rd the absence...

Leave of Absence for Family Care

Leave of absence for family care will not last more than 2 years to care for a family member up to the second degree of consanguinity or affinity.

Termination of Employment Contracts

The termination of an employment contract is the end of the employment relationship between the company and the worker. When the contract is terminated, the employer must provide the employee with the payment of the amounts in a document known as a settlement.

The termination of the contract can be for different reasons:

Termination by Mutual Agreement

When both parties decide to terminate the contract, the employee is not entitled to severance pay or unemployment benefits.

Termination at the End of a Fixed-Term Contract

The contract ends...

Civil Personality and the Extinction of Life

Article 32 of the Civil Code: Death

Civil personality is extinguished by the death of individuals.

Article 33 of the Civil Code: Presumption of Simultaneous Death (Comoriencia)

If there is doubt between two or more people as to who died first, and the previous death of one or another cannot be proven, they are presumed dead at the same time. In this case, there is no transfer of rights to another.

Understanding Comoriencia

Presumption of Comoriencia: This legal principle applies when there is doubt between two people who die at the same time. Proving that one died before the other must be demonstrated (often relevant for inheritance purposes).

Declaration of Death (Declaración de Fallecimiento)

Article

Legal Terms Glossary

A

Adjournment

A pause or rest during a formal meeting or trial, or the act of giving a pause or rest.

Adjudication

A legal ruling or judgment that is typically final.

Adversarial System

A system by which the accused and the accuser present their arguments in court to be decided by a third party.

Affidavit

A type of verified statement or showing.

Appeals

The process of applying to a higher court for the reversal of the decision of a lower court.

Aquittal

To free someone from a criminal charge by a verdict of not guilty.

Arraignment

The scheduled appearance where the accused either pleads guilty or not guilty.

C

Claimant

Complainant.

Conditional Sentence

Jail in the community; the offender serves the sentence outside of jail.

Cross-Examination

The...

Spanish Political System

Types of Political Systems

Authoritarian System

Power is controlled by one person.

• Dictatorship: A single party.
• Theocracy: Religious authorities control the government.
• Republic: The president is a dictator.
• Monarchy: The monarch has absolute power.

Territory

Controls and has a border that marks its boundaries with other states.

Decentralized States

They are a combination between centralized and federal states; they have autonomy in these matters.

Unitary State

The executive power is exerted by a single and central government.

Federal State

Power is divided between the federal government and the states' governments.

Rule of Law and the Constitution

Rule of Law

The state is subject to laws and regulations, and any new law depends on...

Basque Statute (1936): Text Commentary and Analysis

Introduction

This legal text, the Basque Statute, was officially released on October 1st, 1936. It represents a landmark document intended for the citizens of Spain, particularly the Basque people. While drafted by representatives of the Basque citizens, primarily the Basque Nationalist Party (PNV), it required approval from the central Spanish government. This text signifies the ratification of the statute by the Spanish courts.

Political Context

The Popular Front, victorious in the February elections, held power at the time. Negotiations for this statute had been ongoing for a considerable period, with two prior versions preceding it.

Previous Versions

• The first version, drafted before the 1931

State the Difference Between a Negotiable Instrument and a Contract of Assignment

Negotiation

Negotiation implies the transfer of a negotiable instrument that takes place to make the transferee the holder of the instrument. It has effect by mere delivery in the case of a bearer instrument and endorsement and delivery in the case of an order instrument. The transferee has the right to sue the third party in his/her own name.

Assignment

Assignment alludes to the transfer of ownership of the negotiable instrument, in which the assignee gets the rights to receive the amount due on the instrument from the prior parties. It has effect by a written document duly signed by the transferor. The assignee does not have the right to sue third parties in his...