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

Collective Bargaining and Agreements

Collective bargaining: A written agreement detailing the terms and conditions of employment, conducted between a corporate employer or organization and a workers' representative organization.

Collective agreement:

1. A collective agreement is reached when a majority vote is obtained from each negotiating party.
2. To be legally binding, the agreement must be written.
3. The agreement must be submitted for registration with the competent authority within 15 days of signing.

Performance Strikes: Requirements

1. Declaration: A direct declaration of a strike by employees.
2. Communication: Notification to the employer and labor authority representatives, with 5 days' notice (calendar days) and 10 days' notice if they are public sector

Individual Companies

• Members: 1
• Capital: Low
• Liability: Unlimited
• Registration: Not registered in the commercial register
• Decision-making: Employer/Manager
• Administrative Body: Entrepreneur
• Capital Transfer: Not applicable
• Taxation: Personal Income Tax
• Advantages: Less paperwork, quick decisions
• Disadvantages: Limited support, potential personal liability

Civil Society (Public and Private)

• Members: Minimum 2 partners
• Capital: Low
• Liability: Limited or unlimited
• Registration: Not registered
• Decision-making: Employers
• Administrative Body: Employers
• Capital Transfer: Not applicable
• Taxation: Personal Income Tax
• Advantages: Support, quick to assemble
• Disadvantages: Requires partner agreement, potential liability

Mercantile Collective Society

• Members: Minimum 2 partners
• Capital:

What is Adoption?

Adoption is a protective measure of excellence, which applies to benefit the family of origin when they have exhausted all possibilities for a child to return to or remain under the care of their biological parents or family.

The objective of this measure is to provide a child or adolescent who has been legally declared "capable of being adopted" (whether by assignment, inability, or neglect of parental care), a stable family that will allow proper growth and development in an environment of protection and affection. This is expected to repair, if possible, the impact they have had on their experiences related to abandonment.

Adoption reinstates the child to their right to a permanent family by offering quality childcare for...

What is the penalty for the disposal of inherited real estate when the registrations required by Article 688 are omitted?

Thesis 1: Absolute Nullity for All Sales

The penalty is absolute nullity because it violates the mandatory rules of the Conservador de Bienes Raíces (CBR). This applies to both voluntary and forced sales.

Thesis 2: Absolute Nullity Limited to Voluntary Sales

The penalty would be absolute nullity, but only for voluntary sales and not forced ones. This is based on two reasons:

• Article 688 specifically refers to "the heirs," a limitation that cannot be extended to the justice system.
• If absolute invalidity were applied to forced sales, the heirs of a debtor could refuse to register the property to paralyze all execution against

Historical Evolution of Procedural Law

The Ancient Period and the Magna Carta

Ancient Period: This era includes historical periods from Antiquity, the Middle Ages, and Modern Times. During this time, there was no independent or autonomous judiciary. The governmental authority, often a priestly monarchy, exercised that function directly or through other organs and services that depended on it. The procedure was essentially formalistic, and its object was to decide and settle disputes. It is noteworthy in this period that the Magna Carta of 1215 established, as a fundamental guarantee, that "no one could be seized, stripped of their property, or killed, except under a trial and under the law of the country."

The Modern Period and Separation of Powers

Modern

Legal Interventions: Telephone Communications

The doctrine and jurisprudence have largely addressed the omissions of the legislature regarding telephone communications. Such interventions may involve listening to or recording conversations, or simply monitoring calls made to or from a telephone. Once an order is issued, it shall be submitted directly to the telephone service provider for implementation. The outcome of the intervention must be presented to the court at the time ordered by the judge, and all relevant documentary data, along with any information for media dissemination, must be submitted.

Legal Interventions: Opening of Mail

Correspondence seized and referred to the judicial authority shall be opened for its content. This must be...

Ordinary Trial: Discussion Phase

• Initiation (judicial order)
• Notice (personal or by public edict)
• 15-day term for Plaintiff's Reply (dilatory exceptions)
• 6 days for Rejoinder
• 6 days for Surrejoinder
• Conciliation

Conciliation Phase

• Evidentiary Stage begins
• Evidence received
• Judicial Order for Evidence [20 days]
• 5 days for witness list submission
• Day 20: Conclusion of Evidentiary Stage
• 10 days for observations on evidence
• Parties summoned to hear the case
• [60 days] Case Deliberation

Judgment

• Notification by writ
• 10 days for appeal

Regular Trial for Major Claims

• Initiation: Preliminary measures requested (Article 254 CPC)
• Initial review for admissibility (claim may not be immediately processed)
• Resolution admitting the claim for processing ('transfer' order)
• Applicant

Classification of Civil and Commercial Obligations

Joint and Several Obligations

Joint (Mancomunada)

This occurs when there are two or more creditors or two or more debtors in a compulsory relationship. The provision is divided:

• Each obligor is only required to meet part of the provision.
• The creditor(s) cannot require any single debtor who has met their part to fulfill the entire benefit.
• If the obligation is inherently indivisible, it must be considered Joint and Several (Solidaria).

Joint and Several (Solidaria)

Involves several people acting as both debtor and creditor. This structure governs the internal relationship between debtors and creditors:

• Any creditor may require a debtor to fulfill the whole provision.
• The debtor who has paid the entire

Labor Code Fundamentals

1. Definition of Employment Relationship

The employment relationship between employers and workers is governed by this Code and its complementary laws. (Art. 1)

2. Employer Definition

The natural or legal person who uses the intellectual or material services of one or more persons under a labor contract. (Art. 3)

3. Worker Definition

Any natural person performing personal services — intellectual or material — under dependence or subordination, and under a contract. (Art. 3)

Labor Contract Essentials

4. Labor Contract Overview

(Art. 7, 8, 9, 10)

4.1. Types of Labor Contracts

• Individual: Between an employer and an employee.
• Collective: Between employers and one or more worker organizations or associations.

4.2. Key Elements of

Unit 7: Limited Liability Societies

The law provides citizens with the ability to form unitary legal entities.

1. General Features

The law governing limited liability companies was established on 23 March 1995. Its salient features include:

• Capital Structure: In an SL, capital is divided into shares, comprising contributions from all partners who are not personally liable for company debts.
• Company Name: The name must contain "Limited Liability Company," "Limited Company," "SRL," or "SL." It cannot be identical to an existing society.
• Commercial Character: Regardless of their object, SLs have a commercial character.
• Minimum Capital: Capital shall not be less than 3,000 euros and must be fully paid from its origin.
• Registered Office: The SL must establish