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

Employee Representation in the Workplace

The participation of workers in the company to defend their interests is conducted through several channels:

• Unions: Through their affiliates, unions are entitled to intervene in the workplace via trade union branches and shop stewards.
• Staff Delegates and Committee Members: Representatives of Company K are elected by their fellow workers through elections held every four years in the workplace.

The Concept and Rights of Unions

A union is a permanent and autonomous non-profit association of salaried workers dedicated to the economic and social progress of its members. Its primary focus is the maintenance and improvement of working conditions through collective bargaining. Everyone has the right to organize...

Employee Leave: Rights and Categories

Leave is a right for workers to temporarily not provide their labor services to the enterprise. Unlike employment contract suspensions, leave does not always guarantee job reservation. In some cases, workers only retain a preferential right to re-enter the same or similar vacancies within their category that may arise in the future within the company. Types of leave are classified as:

• Compulsory Unpaid Leave Explained

  Occurs when a worker assumes a public office or association role that prevents attendance at work. The law preserves the job during the contract suspension, with a duty of reinstatement within one month after leaving the office. This period counts towards seniority.

• Parental Leave for Child Care

  This

Business Succession and Article 44

Article 44 states: "There shall be regarded as business succession when the transmission affects an economic entity which retains its identity, meaning an organized grouping of resources to carry out an economic activity, essential or ancillary." Essentially, what determines the applicability of this article is the transmission of a set (more or less, total or partial) of elements organized for production and productivity.

Causes of Business Transmission

The cause of transmission is indifferent. Article 44 speaks in very broad terms of a "change of ownership of whatever cause or motive." It may, therefore, be a sale, assignment, exchange, or corporate merger.

Effects of Transmission on Workers

The new employer...

Public Administration Bodies

Administrative Doctrine: An administrative body is an organizational unit, distinct from a legal person's apparatus, responsible for specific functions. These bodies operate under regulations outlining their powers, functions, resources, and leadership.

Types of Administrative Bodies

1. Sole Proprietorships and Corporate Bodies

2. Collective Bodies Classification:

• State Government committees
• Delegated government and governing bodies of Autonomous Communities
• Governing bodies of local entities
• Bureaucratic bodies
• Administrative bodies

Structure of Collective Bodies

a) Chairman

• Appointment: Designated according to procedure.
• Functions:
  • Represents and communicates for the body.
  • Convenes and sets the agenda for meetings.
  • Ensures compliance

Procedure Definition and Elements of Administrative Action

The administrative procedure is a formal series of acts by which a concrete administrative action is implemented to achieve a finality.

1. Administrative activity determined to establish the factual assumptions from which it must proceed.
2. The participation of a plurality of individuals or bodies that have a particular intervention within the administrative procedure.
3. The need to adopt certain forms of action.
4. Participation of people with the status of parties in different procedures where the administration is acting.

Types of Administrative Procedures

Administrative procedures are classified as follows:

By Plurality of Activities:

• Special: Established by statute in certain sectors of administrative

Sources of Roman Law: Iura and Leges

Leges: Imperial Constitutions

The term Lex refers to the imperial will and rules. It was considered the only living source of Derecho (law) after other sources had been exhausted.

Classes of Laws:

• General Laws (including orationes edictales ad senatum)
• Special Laws (Rescripta and Adnotationes)
• Pragmatic Sanctions (an intermediate genre)

Iura: The Right of Jurists

Iura refers to the right derived from lawyers' opinions, encompassing the entire mass of earlier right enshrined in legal literature.

The Crisis of Legal Sources (3rd and 4th Centuries AD)

• Mid-3rd Century AD: Corruption of legal literature.
• 4th Century AD: Rise of Derecho Vulgar (Vulgar Law) in provincial courts.

This period was marked by a chaotic situation...

Attributable Breach

A breach of duty may be attributable to the debtor due to fraud, fault, or default.

Non-Attributable Breach

A breach is not attributable to the debtor if it is due to unforeseen circumstances or force majeure. As stated in Article 1105 of the Civil Code, no one is responsible for events that could not be foreseen and were inevitable (except in cases expressly mentioned in the law or obligation).

Causes of Breach

A) Attributable to the Debtor (Art. 1101 CC)

• Fraud (Dolo)
• Fault (Guilt)
• Default (Mora)

B) Not Attributable to the Debtor (Art. 1105 CC)

• Fortuitous Event
• Force Majeure

Note: Fraud implies malice, deceit, while guilt refers to negligence and carelessness.

Fraud (Dolo)

A conscious will to produce an unjust act (Definition within...

The Royal Charter of 1834

The Royal Charter of 1834 took place during the transition phase between Ferdinand VII's absolutist state and the liberal reign of Isabella II (1833–1835). It represented a "third way" between liberalism and absolutism. Rather than a constitution adopted by Parliament, it was a granted charter (Estatuto Real). It functioned practically as a regulation to convene the courts, possessing an advisory character; they could not pass laws, although the Queen could make requests to the courts.

The courts consisted of two chambers:

• Estate of Peers (Próceres): Comprised of the nation's personalities and heroes, appointed by the Queen in unlimited numbers. This was a life-long, hereditary position.
• Estate of Procurators (Procuradores)

Election of the Audit Opinion: Audit Report

Definition and Standards to be Followed

The Audit Report on Annual Accounts is a commercial document that shows the extent of the work and the professional opinion of the auditor on them. In its preparation, the following technical standards must be met:

• First: It is presented according to Generally Accepted Accounting Principles (GAAP).
• Second: If they have been applied uniformly.
• Third: If the financial statements express, in all material respects, fairly the assets, liabilities, financial position and results, and the resources obtained and applied.
• Fourth: The auditor will express an opinion and the reasons that support it, if applicable, or the claim that they cannot express it and the causes that

Labor Law and the Legal System

Law consists of a series of rules and principles that the State may impose coercively if not fulfilled voluntarily. These serve to regulate the interests that arise in any society, guaranteeing mutual coexistence.

Sources of Law

Sources of law refer to the origins or foundations from which legal norms derive.

Interpretations of Sources

• Material Source: Refers to the legislative body or social group (e.g., businesses, trade unions, parliament) from which a norm originates. For example, the material source of a law is the Parliament where it is created, or for a collective agreement, it's the parties who subscribe to it.
• Completeness of the Regulatory System: The legal system cannot exist without regulation. In cases