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

Triangular Operations in Intra-Community Acquisitions

These operations involve companies from three different EU member states. They consist of:

• A director company buying and selling, which must be a company not established in Spanish territory.
• A supplier that only sells, transports, and delivers the goods.
• A buying company that only acquires the property, which is the Spanish company (in this context).

Regarding the triangulated company, it must be a company not established in the EU and will have these three characteristics:

1. It performs two actions: it buys from one company and sells to another.
2. It benefits from a Community exemption on the purchase.
3. Its relationship with the Spanish company can be expressed as: "I will buy the goods to sell them

Item VI. Illegality

1. Formal and Material Unlawfulness

When conduct is unlawful, it means that it is contrary to the law. To conduct the trial of "illegality" is not enough to determine whether, formally, the accomplished fact meets the elements contained in the legal description of the crime. It should also be established that it affects the legal interests protected, which is a prerequisite for its criminal indictment. It is also accurate to say that it is not permitted by other laws, whether criminal or extra-penal.

The trial through which one assesses whether the conduct described by law legally affects the criminal protection order is called the material trial of unlawfulness and is conducted within the scope of typicity. Once the typicity...

Understanding Criminal Intent (Dolo)

Concept, Elements, and Types of Dolo

Concept of Criminal Intent

Criminal intent (dolo) is defined as the awareness and willingness to commit an act that constitutes the objective elements of a crime. If the intended result is not achieved due to factors beyond the subject's will, it may lead to consideration of responsibility for negligence (as defined in Item 5 of the original document) or attempted crime (cf. Item 11 of the original document).

Elements of Criminal Intent

• Intellect: Awareness of the factual elements of the crime.
• Volition: The will to commit the act.

Types of Criminal Intent

Depending on the intensity with which the intellectual and volitional elements appear, the following types of intent can...

The European Commission

• Headquarters in Brussels, Belgium.
• Main executive body of the EU, responsible for implementing decisions of the Parliament and the Council.
• Has representation in each of the 27 member states.
• A new Commission is appointed every 5 years, proposed by member state governments.
• Defends the general interests of the Union.

Main Features

• Proposes the elaboration of legislative texts.
• Runs and enforces EU law.
• Represents the EU in international organizations.

The Council of the EU

• Headquarters in Brussels, Belgium.
• Integrates a government representative from each member country.
• Chaired every 2.5 years by the president of a member country's government.
• Presents to member state governments.

Main Functions

• Decides with the Parliament on the adoption

Jurisdiction (Article 357)

Deprivation, suppression, and restoration of parental rights must be decided by the judge of the Trial Chamber of the Court of Protection of Children and Adolescents. The procedure follows Chapter IV of this title.

Guardianship (Article 558)

Guardianship includes custody, material assistance, supervision, moral guidance, and education of children. It also grants the power to impose appropriate corrections according to their age and physical and mental development.

Guardianship requires direct contact with children and empowers guardians to decide on their place of residence.

Guardian Exercise (Article 359)

Parents exercising parental authority have custody of their children and are legally responsible (civil, administrative,...

Government contracts are considered for award when valued at less than €50,000 in the case of works contracts, or €18,000 for other types of contracts.

Contract Award Procedures Explained

Several procedures govern the award of public contracts:

• Open Procedure: All interested contractors may submit a proposal.
• Restricted Procedure: Only employers who request to be selected by the contracting authority may submit proposals.
• Negotiated Procedure: The award goes to the successful bidder chosen by the contracting authority after consulting several candidates. Depending on the amount and specific cases stipulated in this Law, negotiations may occur with or without prior advertising.
• Competitive Dialogue: Used for particularly large infrastructure projects.

... piecework. c. Mixed Salary: part of pay per unit time and part per unit of work.

Guarantees of Wages and Worker Compensation

Wages are the compensation that gives meaning to the work performed by the worker and are crucial, often being the sole or main source of livelihood. For this reason, governments establish instruments to ensure workers receive sufficient wages.

Minimum Interprofessional Salary (SMI)

The SMI is the minimum remuneration set annually by the government for any full-time employee.

Features of the SMI

• The government sets the SMI annually.
• It can be enhanced by collective agreement or employment contract.
• It is indefeasible (non-waivable).

Wage Credit Preferences

The wages of workers have priority over any other debt.

Characteristics

Article 103: Contract Price Adjustment Conditions

Requirements for conducting appropriate price revisions:

1. The price review will take place when 20% of the contract has been executed and one review year has elapsed.
2. No price adjustment for fee-for-lease contracts, lease with option to purchase, or minor contracts.
3. The contract documents will detail the specific review formula and may specify conditions for its application.

Article 104: Price Adjustment System & Formulas

1. The price review is carried out with official formulas determined by the contracting authority. The Council of Ministers may adopt these formulas based on the report of the Advisory Board on Administrative Contracting.
2. The formulas reflect the contract price based on labor and

Cultural Freedom of Communication

Government Commitment to Culture as a Right

The Spanish Constitution recognizes culture as a fundamental right, requiring positive action from the government. This right is central to the Constitution, providing a comprehensive vision of various cultural phenomena.

The Principle of Enculturation: Democratic and Universal Culture of Fundamental Rights

Fundamental rights, embodying freedom and tolerance, are integral to culture. They represent the highest values of every culture, universally recognized through intellectual reflection.

Culture encompasses the spiritual, material, intellectual, and emotional characteristics of a society or social group. This includes arts, literature, lifestyles, fundamental rights,...