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

Understanding Employment Contracts

A contract, in general, is an agreement between two or more parties on a certain subject or facts. An employment contract is an agreement to provide labor in exchange for money. The employment status of workers is regulated to meet specific characteristics: personal, voluntary, dependent, and paid.

Key Parties in an Employment Contract

The Employee

Any individual able to work. Exceptions include:

• Age: Individuals under 16 cannot work, except for participating in public performances authorized by the labor authority.
• Disability: A person may be declared disabled due to physical, mental, or other reasons.
• Qualifications: Certain jobs require specific degrees or certifications.
• Nationality: EU citizens have freedom of

Movable vs. Immovable Property

Movable property is an asset that can be transported without losing its integrity (e.g., appliances, vehicles). In contrast, immovable property is an asset that cannot be transported entirely to another location (e.g., housing, commercial premises).

Defining a Contract of Sale

A contract of sale is an agreement in which one party (the seller) agrees to convey a specific item or right to another party (the buyer) in exchange for a sum of money, known as the price.

Criteria for a Commercial Contract

• The contract must involve movable property.
• The property acquired must be for resale for profit.

Key Elements of a Commercial Contract

• Personal: Refers to the seller and buyer. For a contract to be valid, the contracting parties

Removal and Appointment Authority

The Comptroller General may be removed from office following a court ruling in a trial of removability, a process involving the Supreme Court. In the event of impairment, the Sub-Comptroller shall assume the role. The Comptroller holds sole authority to appoint and remove staff, independent of any other authority.

A. Control of Legality

The Comptroller is responsible for reviewing supreme decrees and resolutions issued by ministries to ensure legality. According to Resolution 1.600/2008, which outlines actions subject to examination, the Comptroller may represent the illegality of a decree. In such cases, the President of the Republic may issue a decree of insistence signed by all ministers, except when the decree...

Error of Law

Error of law is the ignorance of the law or its interpretation. It does not invalidate a contract. Article 141 of the LICC (Law of Introduction to the Civil Code) requires good faith. Article 141 - Transmission of the will by an intermediary may be canceled. Article 142 - Does not become addicted when... Article 143 - The miscalculation is accidental.

Deceit (Dolo)

Dolo is the error caused by the bad faith of others.

• Principal Deceit: Represents the determinant of the transaction.
• Incidental Deceit: Not a decisive reason for the legal business. It only requires the satisfaction of losses and damages.
• Positive Deceit: Resulting from an action.
• Negative Deceit: Resulting in an omission.
• Bilateral Deceit: Given the bilateral turpitude, deceit

Indefinite Contracts

These contracts have no termination date and may be oral or written.

Class: Indefinite Contracts - Ordinary

Promoting Employment

Aimed at groups most affected by unemployment:

• Unemployed individuals over 45 years old.
• Youth up to age 30 seeking their first job.
• Long-term unemployed (more than 6 months).
• Unemployed women.
• Disabled individuals.

Companies that utilize this type of contract receive bonuses.

Fixed Batch Contracts

These are fixed-term contracts performed discontinuously.

Fixed-Term Contracts

These contracts have a set end date.

Class of Fixed-Term Contracts

By Job or Service

• Purpose: For work or services not part of normal business activity.
• Duration: Indefinite.

For Reasons of Production

• Purpose: When a company is increasing production.

Working Hours and Labor Regulations

The legal maximum working week is 40 hours (annual total). Note that children under 18 years of age are prohibited from working overtime or performing night work.

Expansion or Reduction of Working Hours

• Extension: Can be achieved by agreement between the parties.
• Reduction: May occur due to force majeure, such as childcare needs, or other justified reasons.

Periods of Rest and Compensation

According to Articles 34 and 37 of the Workers' Statute (ET), every worker is entitled to rest periods. All these breaks, including monthly rest days, are compensated as part of the monthly salary.

Defining Working Hours

Working hours are defined as the time (daily, weekly, or yearly) that the worker must dedicate to fulfilling...

Concept and Nature of Employment Contracts

An employment contract is an agreement of wills between a company and an employee. The employee undertakes to personally provide services for the company in exchange for payment, while acting under the company's direction and transferring the results of their activity from the outset.

The company acquires the fruits or results produced by the worker immediately, without waiting for the task to be completed.

The existence of an employment contract is not optional. If an employee provides results to an employer and acts under their direction, an employment contract exists by law.

A common illegal practice involves avoiding employment contracts by signing civil or commercial agreements, forcing employees...

What facts make an appeal for review?

An appeal for review can be made based on the following:

1. That the decision was rendered without due process.
2. That, in passing, a manifest error of fact has been committed, and it has been crucial to the decision, or valuable documents essential to the resolution of the matter, ignored when issuing the act, or have not been possible to accompany the administrative record at the time.
3. That a final sentence declares that the act was passed as a result of corruption, bribery, violence, or other fraudulent scheme.
4. That crucial documents or testimonies, declared false by final sentence after that resolution, or earlier still, had not been known in due course by the applicant, and have influenced the decision.

What

Constitutional Rights: Classification and Protection

Classification Guarantees for Rights

The constituent power, when establishing the catalog of rights and freedoms, also establishes a classification based on their guarantees. In other words, the constitutionally established levels of protection for them. Clearly, some rights are more important than others, and it seems logical that they are subject to greater protection.

Rights with Strengthened Safeguards

These are rights to which the constitution intended to provide a kind of special armor. They usually coincide with those that common sense finds most important: the rights of personality and civil rights in general, with some exceptions. For example, the right to marriage or property are not...

Credit Assignment and Subrogation in Civil Law

• Change of creditor.
• Assigned.

It is a voluntary act. It is a legal transaction: a transfer of a credit title to a new creditor. The assignment is a business transaction between the assignor (original creditor or transferor) and the transferee (new creditor).

The assignment can be for consideration (the assignor receives payment, which will be paid by the transferee) or gratuitous (the assignor receives nothing in return).

The debtor may or may not have knowledge of or consent to the transfer of credit. Knowledge is irrelevant to the validity of the transfer, although it affects its legal effects. The main effects are:

Payment of the obligation

• Payment of the obligation: If the debtor, without knowledge