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

Special Obligations of Headquarters

• To exercise permanent hierarchical control over the operations of institutions and the performance of their dependent staff.
• To permanently ensure compliance with established plans and the implementation of regulations.
• To monitor and control the powers they delegate.
• To perform their duties fairly and in accordance with clear, objective instructions of general applicability.

Void Appointments

The appointment of an incompetent person is void. The law mitigates the invalidating effect by recognizing that it does not require the refund of payments for services rendered, provided that the oversight regarding the appointee's incompetence is not attributable to the appointee.

Right to Employment

An individual appointed...

COREPER: Role and Composition

COREPER: This is regulated in Art. 16.7 of the TEU. It is a committee of representatives of the governments of the member states, responsible for preparing advice for the Council. The Council benefits from a homogeneous COREPER. Operating under the Treaty, COREPER prepares the work of the Council and may carry out other tasks. Therefore it has two functions: a preparatory function and other tasks. The main role of COREPER is the preparatory function, which is indispensable. It arranges all the legal-technical advice and leaves only the political decision on the issues. Among these other functions, COREPER can perform decision-making functions as well, but only in procedural matters. COREPER consists of the heads...

The European Commission

Composition and Appointment

The European Commission is the body representing the common interest of the whole European Union. It is an institution independent of the Member States, responsible for centrally managing the common affairs of the EU. Its functions are regulated in Article 17 of the Treaty on European Union (TEU) and Articles 244 onwards of the Treaty on the Functioning of the European Union (TFEU).

Article 17.1 TEU requires the Commission to promote the general interest of the Union and take appropriate initiatives to that end.

Composition

The Commission is a collegiate body consisting of as many Commissioners as there are Member States, specifically one national from each Member State. This includes the President...

Commercial Law

Commercial law is the branch of private law regulating the relations of individuals involved in commercial transactions, particularly merchants.

Characteristics

• Security and strength
• Simplicity and strictness
• Universality
• Systematized and enduring

Sources of Commercial Law

Sources of commercial law encompass any objective mandatory standard or rule from which it originates.

Scope

• Broader meaning

Purpose

• Profit-making

Economic Trade

• Exchange or intermediary activities for profit

Classification of Trade

• Domestic and foreign trade
• Land and sea trade
• Wholesale and retail trade
• Self-employed and commission-based trade

History of Commercial Law

The oldest known commercial law is the Code of Hammurabi, inscribed on Babylonian clay tablets, addressing sale,...

Title VI: Transitional and Final Provisions for National Security

Chapter I: Transitory Provisions

Article 57. Update of Data and Records

National, state, and municipal entities, or those responsible for the control and registration of persons, goods, and activities within the security zones established by this Act, shall be required to update and provide such data and information within a period not exceeding six (6) months from the publication of this Act, for submission to the National Executive. The Council of National Defense is required to create a national registry of security zones to safeguard data and information, allowing the State, through its bodies, to monitor, control, and supervise persons, goods, and activities within these zones....

Public Law and Its Branches

In public law, parties exist in a state of inequality characterized by the preeminence of the State over individuals. Key branches include:

• Administrative Law: Deals with the regime and functioning of public administrations and their relations with individuals.
• Tax Law: Aims to secure government funding through taxes and levies.
• Litigation: Focuses on the system of judicial organs, their composition, powers, functions, and the activities carried out in the exercise of judicial authority.

Private Law and Its Scope

Private law regulates relations between individuals without regard to specific personal circumstances or objectives. Its study encompasses:

• Law of persons
• Private equity law
• Family law
• Inheritance law

Additional branches...

Collective Labor Conflicts

In relations between labor and management, disputes can be categorized as:

• Individual: Involving a single worker and an employer regarding a matter affecting only those two parties.
• Collective: Pitting a group of workers against an employer or a group of employers regarding interests that affect all parties within the framework of labor relations. In this case, authorized employee representatives must initiate the collective action.

The Right to Strike

A strike is a measure of pressure used to defend the interests of workers. It consists of the temporary termination of services, agreed upon by a community of workers from one or more firms, due to a conflict that involves abandoning work and the workplace.

Illegal Strikes

Strikes...

Protection of Personal Data

The second case is the protection of Personal Data. Workers are entitled to have their Personal Data handled by the employer used only for the purpose for which it was given. It cannot be assigned to someone else and must be guarded securely.

Duties of Workers

Diligence and Good Faith

Workers are required to exercise diligence and adhere to the rules of good faith. Regarding care, the provision of services must apply all their knowledge that can be externalized in performance. Gross or qualified negligence could result in a breach that may lead to dismissal. If a worker does not reach the agreed-upon or usual performance level, it may be attributed to the employer if the employer does not provide the appropriate instruments....

Francoist Reformism vs. Immobility

During this period, the Francoist regime attempted to modernize its political structure through a policy of openness, or apertura, without implementing genuine democratic changes. The political rise of Admiral Carrero Blanco signified the strengthening of the technocrats. Successive governments from 1962 onwards incorporated new ministers from this reformist line, such as Manuel Fraga Iribarne, who held the portfolio of Information and Tourism. This new direction led to a renewal policy with measures crucial for improving social welfare.

Key Legislative and Political Reforms

Several significant legislative reforms were carried out during this era:

• 1958: Within the framework of industrial relations, the Law on

Shareholder Withdrawal Rights in S.A.s: Economic Aspects

The LSA (Ley de Sociedades Anónimas or equivalent) recognizes the right of separation for shareholders dissatisfied with an agreement adopted by the General Meeting in the three following cases:

1. Substitution of the company's legal purpose
2. Transfer of the registered office abroad
3. Transformation of an S.A. into a partnership or limited partnership, or by simple shares

Shareholders who have exercised their right of withdrawal shall be reimbursed for their shares. The determination of the redemption value of the shares is distinguished based on whether the shares are publicly traded or not.

Determining Share Redemption Value

• If the shares are publicly traded: The refund will be the average price