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

Substantial Changes in Working Conditions

When justified by economic, technical, organizational, or production reasons, a company may modify working conditions such as daily hours, shift work, compensation, work systems, and performance features, provided the change exceeds functional mobility limits.

These changes must be communicated to the worker and their legal representatives at least one month in advance. If the worker disagrees, they may appeal to a labor court. Collective changes require a consultation period of at least 15 days with the workers' legal representatives before the company can notify the changes to the workers.

Suspension of Employment Contract

Concepts, Causes, and Effects

Suspension of the employment contract means a temporary...

Understanding Essential Business Documents

Order: A document detailing the items a customer demands and the conditions of purchase. Through this order, it is communicated to the selling company that a good or service will be acquired.

Waybill: A document that details and justifies the delivery of goods made to the customer.

Invoice: A document that legally proves services rendered or the sale of goods.

Types of Payments & Checks

Cash Payment: A payment that takes place at the same time as the delivery of goods or services.

Term Payment: A payment that is made at a later, agreed-upon time.

Understanding Checks

Check: A document instructing a financial institution to pay a certain sum of money to the person designated as the payee or the bearer.

• Bearer

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

1st Period: Classical Liberalism or Constitutionalism

Ages:

As we increased the power of the king, some of the earliest antecedents of constitutionalism arose to limit royal power. For example, the Magna Carta, Habeas Corpus, and the Bill of Rights.

Start and Spread of Constitutionalism:

It begins: with the French Revolution and U.S. independence, leading to the birth of a system of laws based on tabs.

The spread: of constitutionalism stems from the ideas of Montesquieu (regarding the separation and balance of powers to avoid despotism). Its expression peaked in the U.S. Constitution.

This period was related to the 18th and 19th-century Enlightenment and Liberalism.

The Enlightenment: recognized that individuals and society predate the state and assigned...

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...

Understanding Core Criminal Law Concepts

Formal Criminal Law

Formal legal norms define and regulate specific human behaviors. These norms are extensive and visible, outlining the legal aspects that are proper and exclusive to certain actions. Formal criminal law specifically identifies human behaviors (crimes and misdemeanors) that result in a unique legal effect, namely the imposition of a penalty or security measure by the Criminal Law (DP).

Substantive Criminal Law

Substantive criminal law is an autonomous sector of the legal system, belonging to public law. It protects fundamental interests of individuals and the community by threatening or imposing punishment for behaviors that endanger these interests. It documents behaviors that go against...

Introduction to Roman Law Concepts

This document provides a framework for fully mastering key legal principles.

Key Elements of Roman Law Obligations

• Contract
• Stipulation
• Definition
• Delict

Contract Types in Roman Law

• Contract of Sale
• Lease
• Mandate
• Partnership

Consensual Contracts Defined

These contracts are perfected by the mere agreement (consent) of the parties. For instance, in a sale, the agreement covers both the delivery of the thing and the promise to pay the price.

The Roman Contract of Sale

The Contract of Sale is a consensual contract between a buyer and a seller, requiring a specific thing and a monetary price. It generates reciprocal obligations to provide the thing and pay the price. The contract is perfected by the consent of the parties, which...