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

Lex Mercatoria: International Commercial Law

The Lex Mercatoria is a set of rules governing international commercial transactions.

Key Features of Lex Mercatoria

• Multiple participants.
• Multiple regulatory techniques.
• Standardization of multiple procedures.

Operators leverage the legal autonomy recognized in international law to self-regulate their contractual relations. This self-regulation is achieved by incorporating the following elements into contracts:

1. General Conditions and standard clauses.
2. Standard contract models (e.g., charter party).
3. Internationally accepted business practices.
4. Principles and rules of conduct elaborated outside state frameworks by various agencies and professional associations.

The possibility of recourse to international arbitration...

System Security: Prevention and Relief

The security system is an integrated package for the prevention and relief of personal risks through individualized and measurable economic benefits.

General System Eligibility

• Persons aged 16 years and foreigners residing in Spain.
• Employed workers, salesmen, bullfighters, artists, professional athletes, prisoners, clergy.
• Individuals working in roles that necessitate inclusion in special work schemes.
• Individuals with marginal employment that does not constitute a primary way of life.

Special Arrangements

• Agrarian workers.
• Self-employed workers (autónomos).
• Special Scheme for domestic employees.
• Special Scheme for coal mining.

General Social Security Scheme

A) Company Registration

Any employer recruiting workers...

Public Administration Control Bodies

The Public Administration serves the general interest with objectivity and operates in compliance with the principles of efficiency, hierarchy, decentralization, and coordination.

• Judicial Control: The courts oversee regulatory power and the legality of administrative actions.
• Council of State: As the supreme consultative body of the government, it is regulated by organic law. It issues opinions on topics proposed by the Prime Minister or ministers and provides the possibility for private hearings.
• Economic and Social Council: Established to fulfill the constitutional function of reinforcing the participation of economic and social actors in national life. It serves as a government advisory body on socioeconomic

Geographical Mobility: Transfers and Displacement

Transfers

A transfer involves moving an employee to another permanent workplace that necessitates a change of residence. Causes must be economic, technical, organizational, or production-related. The employer must communicate this move to the worker and their legal representatives 30 days before the effective date of the transfer.

Displacement

Displacement refers to moving a worker to another temporary workplace. This must be communicated early enough; it cannot be less than 5 days if the displacement is less than 3 months.

Effects and Causes of Suspension

Effects

Suspension results in the temporary disappearance of work obligations and the wage, along with the right to return to the reserved workplace....

Spanish Social Security System

In the Spanish social security system, there are two primary modes for benefit purposes: contributory and non-contributory.

A. Contributory Mode

This mode integrates all workers and their families. Individuals must be included under one of the following categories:

• Employees
• Self-employed workers
• Members of worker cooperatives
• Public officials (civilian and military)
• Non-resident Spanish nationals in specific situations
• Students
• Foreigners with valid residence and work permits in Spain

B. Non-Contributory Mode

This mode includes all Spanish residents who do not qualify for the contributory regime due to insufficient or non-existent contributions. Benefits include:

• Health care
• Disability support
• Retirement pensions
• Dependent child

Limits on Religious Freedom

The exercise of religious freedom is not absolute and is subject to specific legal constraints.

Article 3.1 LOLR: Fundamental Rights and Liberties

• Protection of others: The exercise of religious freedom must respect the fundamental rights and liberties of others (Articles 15-29 of the Spanish Constitution).
• Public Policy: Protected by law (Articles 16.1 and 10 EC), public policy acts as a guarantor of the legal system. It is interpreted narrowly and positively, focusing on the protection of individual development rather than mere restriction. Any limitation must be clearly motivated.

International Standards

International frameworks establish public order as a legitimate limit to fundamental rights, including:

• Universal

Legal Claim Filing Requirements

According to Article 340, a legal claim must state:

1. Court Jurisdiction: The statement of the court before which the application is proposed.
2. Parties' Identification: The full name, surname, and address of both the applicant (plaintiff) and the defendant, along with their legal capacity or role.
3. Legal Entity Details: If the plaintiff or defendant is a legal person, the application must contain its name or business name and data relating to its creation or registration.
4. Purpose and Object of the Claim: The purpose of the claim, which must be accurately determined. This includes indicating the location and boundaries for immovable property; marks, colors, or indicia for self-propelled vehicles; signs, signals, and features

Illegal Labor Transfer: Key Legal Aspects

Our legal system strictly prohibits the hiring of temporary workers with the intent to transfer them to another company, unless this process is carried out through duly licensed temporary employment agencies. This practice involves an interposition in recruitment, where an employer uses services, and another entity appears as the sole employer of these workers.

Defining Illegal Assignment

In general terms, jurisprudence understands that an illegal assignment occurs when the supposed contracting company (the "assignor") appears to lack its own structure, assets, real estate, or business organization, thereby concealing a mere provision of manpower.

However, an illegal assignment can also occur even if the...

The Mendizabal and Madoz Disentailment Laws

The Liberal Progressive Secularization, also known as Desamortización, was a transformative period in Spanish history. This process was driven by specific socio-economic factors and legislative actions.

Causes of the Secularization Process

• A critical lack of public finance and state revenue.
• A liberal ideology that prioritized and defended the private property of the individual.
• The bourgeoisie's desire to imitate the status and land-owning power of the nobility.

Mendizabal's General Disentailment Law

Under this framework, two major structural changes were implemented regarding property ownership in Spain:

1. The Amendment of Noble Property

The Law of Alienation of Noble Heritage was passed in 1836. This...

Types of Legal Company Forms

1. Individual Company

1.1 Self-Employed (Sole Trader)

• Work for oneself: Suitable for individuals.
• Liability: Unlimited liability for debts.
• Taxation: Your profit is taxed via Income Tax.
• Minimum Capital: No minimum capital required.
• Name: Must be the name of the owner.
• Activity: The activity should be profitable.

2. Social Enterprise (Company)

2.1 Capitalist Societies

Sociedad Anónima (SA)

• Members: At least 1 member.
• Minimum Capital: €60,101.21, divided equally into shares.
• Taxation: Corporation tax.
• Name: Name + "SA".
• Liability: Limited liability.

Limited Liability Company (SL or SRL)

• Partners: At least 1 partner.
• Minimum Capital: €3,005.06.
• Taxation: Corporation tax.
• Name: Any name or "SL" + "SRL".
• Capital Structure: Capital divided