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

Legal Business Organization

A company is a set of tangible and intangible assets whose primary objective is to achieve an economic objective.

The legal system, in regulating business, offers two main options:

Single Enterprise vs. Joint Venture

Single Enterprise

Refers to an individual who develops a business. In this case, the employer is often confused with the company.

Joint Venture

Consists of a fictitious person composed of natural persons, possessing legal personality and its own patrimony. This category includes different types of companies covered by law, such as limited liability companies, partnerships, and public limited companies (SA). Currently, there is also the Individual Limited Liability Company.

Defining the Sole Trader

When we discuss...

Inspection of Work

The labor administration body monitors compliance with labor legislation. Inspections are initiated through:

• Own initiative
• Employer applications
• Higher-order directives
• Complaints from any individual

Inspectors may enter the workplace to investigate, revise, or suspend work that does not satisfy safety rules. They are authorized to issue warnings, order liquidations, or address obstructions.

Functions of Labor Inspectors

• Advising employees and employers on their rights and obligations.
• Mediating conflicts.
• Investigating violations within the company.
• Reporting workplace accidents.

Employee Rights in the Workplace

• Effective occupation.
• Promotion and professional training.
• Respect for privacy.
• Protection against harassment based on age, sex,

Active Parties (ACUS)

These include the Public Prosecutor (MF), the private accuser, the civil actor, and any particular civil party. They are natural or legal persons, or institutional bodies, seeking satisfaction for a particular interest.

The Public Prosecutor (MF)

The MF is in charge of promoting the course of justice in defense of legality and the rights of the citizen. It is responsible for exercising prosecutions before the courts. For impartiality, it is imperative that the sentencing judge does not know anything about the instruction phase conducted by the MF. The MF works to ensure justice but is not part of the judicial power.

Principles of Action of the MF:

• Legality
• Impartiality
• Unity of action
• Hierarchical dependence

The MF is recognized...

Licensing Jurisdiction and Procedure

The appropriate licensing jurisdiction lies with the municipalities. Within the municipality, that power is typically attributed to the mayor, except in cases of counties with large populations (57/2003), where it may be attributed to the plenary or the local governing board. Therefore, the possibility of licensing rests with the mayor, the plenary, or the local governing board, according to the sectoral rules that govern it, and it is delegable. The procedure for granting licenses is regulated in Article 9 of the Regulations for the Service of Local Corporations.

Intervention Licenses

The recording of licenses is a mission of the administrative police, most often performed to verify whether activities comply...

Item 17 - Breach of Contract: Understanding Work Absences

Types of Absences from Work

• Absences
• Suspension of Contract
• Paid Leave

Suspension of Contract

Suspension of contract detracts from the obligations of work and remuneration of labor while maintaining the right to reinstatement.

Grounds for Suspension:

1. Mutual agreement of the parties.
2. The inability of the worker. This includes temporary disability leading to permanent disability. The process concludes with either: a) discharge of the worker; b) qualification of permanent disability.
3. Maternity, paternity, risk during pregnancy or breastfeeding of a child under 9 months, and adoption or fostering. The maternity suspension lasts for 16 weeks.
4. Suspension for paternity. A continuous period of 13 days,

Public Sector Contracts: Definition and Scope

A Public Sector Contract is an agreement where a party, known as the employer or contractor, using its own organization and resources, undertakes to perform a specific work, provide a service, or make a provision intended to satisfy a public interest. This is done in exchange for a determined monetary price paid by the Public Power Authority.

Public Power Authority Entities

The Public Power Authority is understood to include:

• Government, autonomous agencies, universities, and public agencies.
• Public entities, Social Security, labor mutual funds, and business-managing entities.
• Public institutions of any kind.
• Any bodies financed or controlled by public-sector subjects.
• Concessionaires (e.g., property developers)

The Institution of Marriage: Definitions and Functions

Defining the Marital Bond

Marriage is a social institution that establishes a marital bond among its members. This bond is socially recognized, either legally or through custom.

Legal and Social Obligations

Marriage establishes a series of obligations and rights between spouses and, in many cases, also between their families of origin. These rights and obligations are typically set by law and vary depending on the society.

Furthermore, marriage can legitimize the affiliation of children born to its members, according to the rules of the prevailing kinship system.

Perspectives on Marriage

As an institution that is extremely widespread globally, though not universal, the definition of marriage is...

Specific Content of Marriage Records (Art. 89)

The marriage record, or minutes, must contain the following specific information:

1. The full name, identification (ID), age, profession, place of birth, and address of each of the parties.
2. The full names, professions, and domiciles of the father and the mother of each of the parties.
3. The declaration made by the husband and wife, confirming their intent to marry.
4. The statement made by the contracting parties regarding the recognition of children, if applicable.
5. The full name, identification (ID), age, profession, and address of each of the witnesses.

Provisions for Deaf or Mute Parties in Marriages

In cases involving deaf or mute individuals, their expression of consent must be in writing if they are able...

Classification of Legal Acts

Legal acts can be classified based on various criteria:

• Positive or Negative: Acts necessary to conduct an action or omission of a right to start or finish.
• Unilateral: When the will of one person is sufficient to form the act.
• Bilateral: When two or more people are required to form the act.
• Acts During Life (Inter Vivos): Those whose effectiveness does not depend on the death of those whose will they emanate from.
• Testamentary Provisions (Mortis Causa): Those effects that produce after death.
• Onerous: Acts in which the provision of one party corresponds to a consideration from the other.

Vices of Legal Acts: Causes for Invalidation

Vices are causes for which legal acts lose their efficacy or validity. Some of these include:...