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

Understanding Hereditary Delation: Concept, Nature, and Rights

Hereditary delation encompasses the concept, nature, content, and various classes of the call to inheritance, along with the crucial right of transmission.

Concept and Modes of Succession

The modes by which succession is conferred are:

• Succession is conferred by agreement, by will, or by operation of law.
• The different modes of delation are compatible with each other.

The Call to Inheritance: Delation and Acceptance

As previously stated, hereditary delation is the actual call made to a person's successor, enabling them, through acceptance, to acquire the inheritance. It is clear that delation presupposes a prior call and will be extended to all potential heirs with a hereditary vocation,...

Opening of Succession and Hereditary Vocation

The Opening of Succession

The succession opens solely upon the death of the deceased. Unlike historical precedents involving criminal convictions, religious profession, or civil death, modern law relies exclusively on the fact of death.

Our legal system recognizes the opening of succession in cases of both proven death and presumed death. The date of opening must correspond to the time the death is understood to have occurred, as established by court declaration. Ultimately, Article 657 states: "The rights to the estate of a person are transmitted from the time of his death" (LS Art 5.1 and 6.1).

Legal Significance and Jurisdiction

The timing of the opening is critical for determining the existence,...

Administrative Silence: Concept and Scope

Unlike expiration, administrative silence provides an answer on the substance of the matter.

Types of Administrative Silence

• Negative Administrative Silence: The interested party may consider their claim rejected by silence, allowing them to file administrative or judicial appeals as appropriate (Art. 43.3).
• Positive Administrative Silence: The perfection of administrative silence implies the approval of the claim made by the individual.

Cases of Silence

• Article 43.1 establishes that in proceedings initiated at the request of the interested party, if the maximum deadline for notification passes without a resolution, the request is understood to be estimated or rejected by administrative silence, as appropriate.

American Legal Realism: Llewellyn and Frank

American Legal Realism (ALR), championed by figures like Karl Llewellyn and Jerome Frank (the more radical proponent), represents a proactive defense of the law, emphasizing its operation in the hands of legal practitioners.

ALR is not a homogeneous school but rather a heterogeneous movement. Its proponents did not aim to create a finished, abstract theory of what is right, but rather to influence the practical application of law in America. This movement is fundamentally based on pragmatism and characterized by a deep distrust of abstract reason.

Pragmatism and the Instrumental View of Law

Pragmatism, the philosophical foundation of ALR, holds that:

1. The truth of a statement depends on the usefulness of

Understanding the Spanish Limited Company (SL)

Legal Framework and Definition

• The Limited Company (SL) is primarily regulated by Law 2/1995 of March 23 on Limited Companies and Law 7/2003 on New Limited Companies (SLNE).
• An SL is a company constituted by one or more partners, who can be either individuals or legal entities. It requires a minimum capital of €3,002.06, which is divided into shares, and features limited liability.
• The Limited Liability Company (SRL/SL) is a common legal form for businesses in Spain.
• Its regulations are flexible and adapted to current business needs.

Key Characteristics of the SL

• Limited Liability: The liability of partners is limited to the capital contributed; they are only liable for the capital invested.
• Capital

A standard collective agreement is very unique. Its uniqueness lies not only in its origin outside state regulatory power, but it is also complex and mixed.

In effect, the collective agreement is at the same time a contract and a standard. The collective agreement, by its origins, is a contract, agreement, or covenant, but its effect is a standard for the purpose of regulating working conditions.

And this resulted in a series of consequences (its dual nature).

Collective Agreement as a Covenant

As a pact, it creates certain obligations that the parties arrange. These obligations are what has become known as the "obligational content of the agreement". This "obligational content" is in any agreement, meaning that parties to it are bound by the agreement....

Extraordinary Board

The board may not meet all requirements initially established. Therefore, variations may occur in the Board of Directors at any time (Art. 96 TRLSA).

Universal Board

The Universal Board is validly convened and constituted to address any issue, provided that all capital is represented and those attending accept the meeting unanimously (Art. 99 TRLSA).

Board Administration

Administration may be entrusted to a single person or a group of people, such as a Board of Directors, where decisions are taken by absolute majority.

Shareholders

Shareholders are individuals or entities that own one or more shares of a company. By virtue of this ownership, they possess specific rights:

• Right to participate in the distribution of social benefits.

Item 2: Understanding Labor Strikes

Definition of a Strike

The strike is the most significant form of pressure available to workers. It is defined as a collective suspension of work, previously agreed upon by the employees. During a strike, the employer is not obligated to pay wages to those participating. Furthermore, the employer must respect the right to work of employees who choose not to join the strike.

Illegal Strikes

Strikes are considered illegal under the following circumstances:

• Strikes held for political reasons unrelated to worker interests.
• Solidarity or support strikes, unless they directly impact the professional interests of those promoting them.
• Actions seeking to alter terms already established in a collective agreement.
• Rotating

Legal and Operational Steps for Starting a Business

When starting a business, decision-making involves both structural and operational planning. The following procedures are essential for establishing the legal status of an enterprise:

Structural and Legal Procedures

• Negative Certification of Name: Verification that the business name is unique.
• Grade for Social Enterprises: Determining the classification for social entities.
• Public Deed of Incorporation: Formalizing the company before a notary.
• Tax on Capital Transfers and Documented Legal Acts: Handling applicable ITP and AJD taxes.
• Tax Identification Code (NIF/CIF): Obtaining the official tax ID.
• Entry in the Registry: Finalizing the start-up registration in the Mercantile Registry.

Start-up and Municipal