Notes, summaries, assignments, exams, and exercises for Law for Secondary education

The Sources of Law

Concept of Source

When we speak of a source of law, we refer to the origin of the law. The source of the duty will arise where the norm is established. There are two main types:

• Material Sources: These are the social powers that create legal norms (society, state, international organizations, etc.).
• Formal Sources: These are the ways in which legal standards are set.

According to the civil code, the sources of law are the law, custom, and general principles of law.

Classification of Sources

Sources can also be classified as:

• Direct Sources: Those that are truly the source of law.
  • Written: Constitution, regulations, treaties, rules of Community law, etc.
  • Unwritten: Customs and general principles of law.
• Indirect Sources: These are not

Nationality and Citizenship: Core Concepts

The main links generated between a person and a country, which form part of the political society, stem from the ties of belonging, identity, citizenship, and political participation.

Nationality Defined

Nationality is the legal link between a person and a state.

Rights and Obligations Arising from Nationality

This link gives rise to:

• Rights: Calling for state protection (through legislation) and recognition of essential rights.
• Obligations: Compliance with laws, respect for the country, and defense of sovereignty and national security.

Chilean Nationality Acquisition

Chilean nationality is acquired through two primary mechanisms of origin (natural or biological):

• It operates for the simple fact of being born

Human Rights History

Though some background on the first texts (Bills of Rights) exists, such as the 1689 English Bill of Rights, which lists several human rights, it is in the eighteenth century that precedents of human rights declarations appear:

1. Virginia Declaration of Rights (USA, 1776)

   Arising in the context of the War of Independence against England, it covers the rights of citizens, although it excluded slaves and foreigners. This declaration served as a draft for the U.S. Declaration of Independence (1776).

2. Declaration of the Rights of Man and Citizen (France, 1789)

   Adopted by the National Constituent Assembly, it recognizes equal rights for all human beings, representing a significant advance compared to the Virginia Declaration. It is

Financial Discount and Credit Accounts

A financial discount clearing account credit often involves significant costs if the beneficiary does not utilize the funds in their entirety immediately throughout the term, as accrued interest applies to the whole credit amount.

Bank Deposit Guarantees

A bank guarantee is a contract where a credit institution assumes compliance with a customer's obligations as the principal debtor. These involve commitment appropriations to pay a debt if the principal debtor fails to do so. The bank charges a fee for the bond and agreed-upon interest. In the event of default, the guarantee becomes effective.

Direct Debit Charges

Depository institutions verify licenses for free services that authorize account debits. Customers...

Liabilities integrate all obligations of the entity. Unpaid balances may represent resources being transmitted to third parties or requirements for legal or contractual obligations that are generated for third parties.

Classification of Certain and Uncertain Obligations

There are certain obligations: obligations representing those facts and events in which the identified person is the creditor. These obligations include:

• Perfected (Improved): if the debtor and the creditor have agreed upon the amount of the operation.
• Unperfected (Not improved): if the amount of the obligation is not specified.

Uncertain obligations are situations in which a future obligation can be anticipated from a fact that has already been generated. They are also known as...

Formal Administrative Texts and Conventions

Formal texts are administrative documents that follow rigid formal conventions. They only hold value if they remain faithful to a specific model. These formal texts respond to a predetermined structure, which allows them to be written and interpreted easily. The most important group is formed by formal administrative texts. Forms are used to establish formal written communications between the administration, citizens, and enterprises.

Main Administrative Documents

• Minutes: A written document recording what happened, or what was treated and agreed upon, during a meeting or assembly.
• Certificate: A formal written confirmation of specific data.
• Circular: Internal communication intended for the members of

Foundations of Law and Legal Standards

The legal standard is one of the rules that govern our behavior. It is enforced compulsorily and serves as a protection mechanism of the State.

Two Meanings of 'Law'

1. Objective Law: The set of standards that is required to be performed (the body of rules itself).
2. Subjective Rights: The capacity to act that Objective Law allows us. The rules of law not only prohibit actions but also defend our freedoms. Examples: the right to life, freedom of conscience.

The Purpose of Law

The primary purpose of law is to ensure social order (security and peace), accompanied by justice.

Core Concepts in Jurisprudence

• Person: An individual with legal capacity (rights and duties).
• Capacity to Act: The ability that permits the exercise

Plurality of Parties: Essential Requirement

A contract is a legal act whose existence requires two or more people (parties). Unlike a will, which only requires the legally expressed will of the testator, a contract requires multiple parties.

The parties must also possess the capacity to contract. Incapacity can be categorized as:

• Absolute Incapacity: Those entirely incapable of contracting.
• Relative Incapacity: Those incapable only in specific, legally prohibited cases.
• Specific Prohibition: This includes, historically, professed religious individuals of either sex.

Concurrence of Wills (Consent)

The concurrence of wills is an essential element of a contract, representing the mutual intention of the parties. This intention must be demonstrated through...

Company

When two or more individuals are mutually bound, each with a benefit in order to receive any appreciable value in money, divided between them, the job they may do what they have each contributed.

Characters

• Consensual
• Plurilateral
• Expensive
• Formal
• Continuous implementation

Elements

1. Contribution of partners
2. Sharing profits and losses
3. Affectio societatis (the intention of acting in partnership association)

Object

Must be lawful and for financial gain.

Form

A civil society should be formed by public deed, and it is formal. If it falls under trade law, it is a sociedad comercial (commercial company), but otherwise, it is a civilian one.

Conclusion (Termination)

• Expiry of the agreed time
• Death of a partner in the society
• Compliance or failure to achieve the

Modificación del Contrato Laboral

Movilidad Funcional

• Dentro del mismo grupo profesional o entre categorías profesionales equivalentes.
• Fuera del grupo profesional o entre categorías profesionales no equivalentes.

Movilidad Geográfica

Traslado Individual Definitivo

Opciones del trabajador:

• Aceptar el traslado.
• Extinguir el contrato (con indemnización).
• Impugnar ante la jurisdicción laboral.

Traslado Colectivo Definitivo

Desplazamiento Temporal

Modificaciones Sustanciales de Condiciones Laborales

Se consideran sustanciales los cambios que afecten a:

• Jornada de trabajo.
• Horario y distribución del tiempo de trabajo.
• Régimen de trabajo a turnos.
• Sistema de remuneración y cuantía salarial.
• Sistema de trabajo y rendimiento.
• Funciones (cuando excedan los límites