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

Removal of Obstacles

Article 79

Administrative authorities or enforcement bodies within their jurisdiction are empowered to remove obstacles, construction, vehicles, or objects that are located, parked, presumed abandoned, or are held in public, in prohibited areas or places that hinder the normal development of vehicular and pedestrian circulation. The Rules of this Act shall establish the procedure to be followed in these cases.

Responsibility for Removal of Vehicles

Article 80

The power to remove vehicles parked by the Administration does not relieve responsibility for damage caused to them due to wrongful action in the operation completed. In any case, the administration, the owners of the trailer units, and their guarantors are jointly responsible...

Temporary Occupation by Force Majeure (Art. 59 LE)

In cases of force majeure or absolute necessity (fire, flood, earthquake, etc.), the state or municipality may temporarily occupy property. Compensation to the owner is due, considering the circumstances.

Transfer of Property During Expropriation (Art. 10 LE)

Property transfer during expropriation proceedings doesn't stop the process. The new owner assumes all obligations and rights of the previous owner. The real action is intent upon the good that is the case of expropriations, not interrupt the expropriation proceedings may not Prevent Its Effects

Release of Charges on Expropriated Property (Art. 11 LE)

No action can be taken on expropriated property after the expropriation judgment. Creditors...

Illicit Drug Trafficking

Legal Objectivity and Public Health

The primary legal objective is the protection of public health. The definition of illicit drugs is established by executive power, as outlined in Article 1.

Understanding Multiple Action Crimes

This is a crime of variable conduct, also known as a multiple-action offense. If an individual performs all the criminal actions described (e.g., buying, storing, and selling), they are charged with a single crime. This principle is also known as ante-factum or post-factum unpunishable acts, where preparatory or subsequent actions are absorbed into the main offense. For example, if a person arranges to buy drugs and pays after receiving them, it constitutes a single crime.

A driver who knowingly...

Working Classes of Contracts

Associate Assistant: As stated in article 10, paragraph 3 of the Workers' Statute (Estatuto de los Trabajadores - ET), an employer may hire a worker who requires an assistant to perform their services. The employer then hires another worker specifically to assist the first. If the primary worker's contract is terminated, the assistant's contract is also terminated.

Contract Group: (Article 2.10 ET) The worker is considered a group of workers, breaking from the traditional concept of the worker as an individual. This is common in fields like construction and for musical groups. The working group must appoint a representative, who must be a member of the group. This group leader acts on behalf of the group. If a member...

Legislative Decrees

According to Article 85 of the Spanish Constitution, legislative decrees are government regulations containing delegated legislation. For the government to issue a legislative decree, Parliament must authorize it through a law delegating the exercise of legislative power.

The Constitution permits the delegation of rule-making power, but only under specific circumstances and limitations. The government exercises delegated legislative power within the bounds authorized by Parliament.

Classes of Delegation

There are two classes of delegation according to their intention:

• Basic Law:

  This type of delegation aims to empower the government to create a new text of articles. Basic laws cannot be approved by Commission. They also cannot,

Understanding Social Security Benefits

Social Security provides essential support through various benefit programs. These programs are broadly categorized based on how they are funded and accessed:

Contributory Benefits

These benefits are received by individuals who have contributed to the social security system. They are financed through contributions from both workers and employers.

Non-Contributory Benefits

These benefits are provided to individuals who have not contributed sufficiently to the Social Security system. They serve as a safety net for those who do not meet the contribution requirements for contributory benefits.

Temporary Disability

Temporary Disability refers to a situation where an individual is temporarily unable to work and requires...

The Single Business Window (FUE)

The Single Business Window (FUE) is an initiative launched in 1999. It was jointly established by various ministries (Justice, Economy, Finance, Labor and Social Affairs, Public Administration), autonomous regions, municipalities, Chambers of Commerce, and the Higher Council of Chambers of Commerce. Its primary goal is to facilitate the creation of companies through two main objectives:

• Inform and Advise Entrepreneurs: Provide comprehensive advice on various aspects of company creation, including required formalities for constitution, suitable legal forms, potential funding sources, public subsidies for firms, and job creation incentives.
• Facilitate Processing: Streamline the administrative procedures involved

Royal Decree 1201/1981: Correctional Regulations

Summary of Offenses and Disciplinary Actions

Article 108: Very Serious Offenses

• Participating in riots, collective disturbances, or inciting them if they have occurred.
• Assaulting, threatening, or coercing any person within the establishment, or authorities, judicial, or penal institution personnel. This includes actions both inside and outside the establishment if the inmate was out for a legitimate reason, and applies to those acting in their official capacity or in connection with it.
• Grave assault or coercion of other inmates.
• Active and serious resistance to compliance with orders from authority or officers in the lawful exercise of their powers.
• Attempting, facilitating, or committing evasion

Understanding Business Entities and Legal Structures

Core Business Classifications

Businesses can be broadly categorized based on their primary activities:

• Industrial Companies: These entities produce consumer goods or capital goods by transforming raw materials into finished products.
• Commercial Businesses: Primarily involved in the buying and selling of goods.
• Service Providers: Companies that offer expertise, such as consultants, insurers, banks, and other professional services.

Company Registration and Legal Formalities

After registration with the Board of Trade, the social contract of a company must be referred to the Federal Revenue Service (for CNPJ registration), the State Secretariat of Finance (for state registration), and the Municipal...

Legal Provisions for Child Protection and Custody (Law 54/2007)

Article 172, Paragraph 3: Implementation of Custody

The custody assumed at the request of parents or guardians, or the guardianship role of the Ministry of Law, shall be implemented through foster care or residential care.

• The foster care shall be held by the person or persons identified by the Public Entity.
• The residential care shall be exercised by the Director of the institution that has taken the child.

Parents or guardians may object within two months of the administrative decision regarding the placement, if they consider that the agreed modality is not best for the child, or if there are other designated persons within the family circle who are better suited.

Article 172, Paragraph