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

Employee vs. Self-Employment: A Deep Dive into EU Labor Law

In the 19th century, the FCC recognized two types of renting agreements: one for things and one for works. Contracts for renting work (louage) assumed that workers trade the abstract and commodified aspects of their working activity. Workers, considered free and equal to their counterparts, could consent to unilateral control over their labor. This led to the development of labor protection to react to the harsh consequences of labor, questioning the idea of labor as a commodity separate from humans and recognizing the personal involvement of workers in the performance of the contract.

Personal Value: Fundamental rights (freedom of association and collective bargaining, no discrimination,...

The Genesis of Magna Carta

King John's Reluctant Concessions

Though King John spoke of advising, he favored the barons only because he had no other choice after losing a civil war. The first and most important declaration was the liberty of the Church: from 1215 onward, the king was not to interfere with the Church. Pope Innocent III, with whom John had famously quarreled, played a significant role. Despite the king's assertion that his decision was voluntary (“of our own free will”), it is known he was forced to sign the Great Charter after a war with the Church and the barons.

Enduring Principles for Future Monarchs

The rules in this document applied not only to John but to all succeeding monarchs. This is why it reads “for us and our heirs...

Constitutional Role of Civil Justice

The state acts as the executioner of the law of nature, following the rule of decretum divi marci by utilizing remedies provided by the state. This notion of the state's duty to provide justice is expressed in Article 8 of the UDHR: everyone has the right to an effective remedy. Providing citizens with an effective justice system allows them to enjoy their rights, ensuring such a system is fair, impartial, and efficient. These specific provisions are further complemented by more general ones. Locke suggests what happens when a government fails. The right of action is a consequence of substantive rights; Savigny suggests that legal protection shall be granted, with the right of action provided by public law....

Defining EU Citizenship and Belonging

Citizenship encompasses both legal status and the affective dimension of belonging within a political community.

EU Citizen Population

The European Union currently encompasses approximately 450 million citizens.

Fundamental Elements of Citizenship

• Contractual: Legal and constitutional elements reinforcing mutual obligations.
• Historical: A shared past, often summarized by the concept of Civis Romanus sum (I am a Roman citizen).
• Ontological: The identity and affective dimension of civic identity and belonging.
• Normative: The established standards and rules governing citizenship.

Key Rights for European Union Citizens

Established by Article 20 of the Treaty on the Functioning of the European Union (TFEU)

1. Right to Petition

   Citizens

Claiming an Interest in Property

In advising [the claimant], the question arises as to whether she would be able to claim any interest in the flat which [the landowner] stated in his will was to be given to a charity. It is quite obvious she wants to continue staying in the flat and, therefore, she needs to establish a beneficial interest in the property. If she only has a license, that would serve her no purpose, as it is purely personal permission and does not bind any third party.

The best avenue for her to establish an interest in the property is to prove she has a claim based on Proprietary Estoppel. Raising a Constructive Trust or Resulting Trust might be quite difficult, as she had not made any direct financial contribution to the property'...

Types of Credit Instruments

Drafts and Promissory Notes

1. Notes: A promise to pay, known as a promissory note.
2. Drafts: An order to pay, including bills of exchange and checks.

Detailed Analysis of Drafts

1. Drafts
   1. Definition: An unconditional order in writing addressed by one person to another, signed by the person giving it (the drawer), and requiring the person to whom it is addressed (the drawee) to pay on demand or at a fixed or determinable future time a certain sum of money to, or to the order of, a specified person (the payee) or to the bearer.
   2. Bills of Exchange: A bill of exchange is used to finance the sale of goods. Rather than paying the draft when it is presented, the drawee accepts the draft by signing it and adding the word “accepted,”

Commercial Transactions: Legal Foundations

Defining a Commercial Transaction

The definition of a commercial transaction is founded upon a special Commercial Code and typically combines two core elements:

1. Definition of a merchant
2. Definition of a commercial transaction

Commercial Transaction Definition: Germany and France

In certain countries—Germany, for example—the emphasis is placed on the definition of the merchant; in others, such as France, the emphasis is on that of the commercial transaction. This latter criterion, the so-called objective test, was adopted in the 19th century for ideological reasons, as the French wanted to avoid any repetition of the pre-Revolutionary differentiation of legal rules according to the social condition of...

Characteristics of Injunctions

Any injunction should consist of an order that relates to the assets and rights of the defendant. No provisional measures can affect the person of the defendant; they are strictly patrimonial in nature.

These measures should be aimed exclusively at guaranteeing the effectiveness of the judicial protection that may be granted in a possible favorable judgment.

Examples of Provisional Measures

• Pre-judgment attachment
• Deposit of a movable asset

Legal Requirements under Article 726 CPA

There is no closed list of injunctions; any measure deemed adequate to protect a future judgment is considered a provisional measure, provided that it meets specific requirements. According to Article 726 of the Civil Procedure Act (CPA), a...

Modernization process in Iran began in 19th century by Iranian officials like Abbas Mirza Ghaem Magham and Amir Kabir in order to change the traditional structure of government and replace it with a new and modern one. After the establishment of Pahlavi dynasty, the process of modernization continued by Reza Shah and Mohammad Reza Shah. After the victory of Islamic revolution of 1979 modernization didn’t stop and continued until now. Some argue that  “Becoming modern meant destroying religious tradition” in the context of Reza shahs power. This is argued based on the multiple norms set in place which undermined islamic traditions, such as the when shah made the religious court subservient to civil courts thereby secularizing justice...