Notes, summaries, assignments, exams, and exercises for Law for University

Mercantile Companies

Classification of Companies

Companies can be classified as either civil or mercantile. Partnerships can be further categorized into the following types:

• Collective Company
• Limited Partnership (Comanditary Company)
• Limited Partnership by Shares
• Limited Liability Company
• Anonymous Company (Corporation)

Companies can also be classified based on whether they are person-based or stock-based.

Concept of Mercantile Company

Article 35 of the Civil Code (CC) states that legal persons include associations of private interest, whether civil, business, or industrial, to which the law grants legal personality independent of that of each member. According to Article 36 of the CC, these legal persons are governed by the provisions relating to the...

Free and Legal Evaluation of Evidence

Free and legal evaluation is the mental activity by which the Judge decides which fact is true or false. The Judge shall interpret and then evaluate.

• Interpretation: To comprehend the meaning of evidentiary results. You can’t assess anything if you don’t understand the meaning of an evidentiary result; you need to understand in order to evaluate.
• Evaluation: Assuming the Judge has understood the objective meaning, to which rules should the Judge adhere, to decide if a fact is true or false?

The general rule is the free evaluation of the evidence; the Judge is free to choose the rule of logic.

Free evaluation is a system in which the Judge is left to choose among the rules of human criteria and reason. The...

The UK Court System

The County Court

Deals with civil matters such as:

• Claims for debt repayment
• Personal injury
• Breach of contract concerning goods or property
• Family issues
• Housing disputes (mortgage, council rent arrears, repossession)

Most County Court cases are between people and companies who believe that someone owes them money.

The Crown Court

Deals with more serious criminal cases (murder, rape, robbery) which are on appeal or referred from the Magistrate's Court.

• Deals with cases transferred from Magistrate's Courts
• Hears appeals against decisions of the Magistrate's Courts
• Deals with cases sent for sentence from Magistrate's Courts

Trials are heard by a judge and a 12-person jury.

There are 77 Crown Courts across England and Wales.

The Supreme Court

In...

SA8000 Certification: Social Accountability in the Workplace

The SA8000 Social Accountability certification standard focuses on workplace values. The standard is based on international workplace norms of International Labour Organization (ILO) conventions, the Universal Declaration of Human Rights, and the UN Convention on the Rights of the Child.

Key Elements of SA8000

A brief summary of some of the SA8000 elements follows:

• Child labor
• Forced labor
• Health and safety
• Freedom of association and right to collective bargaining
• Discrimination
• Discipline
• Working hours
• Compensation
• Management systems

The Ten Principles of the UN Global Compact

The UN Global Compact outlines ten principles related to human rights, labor standards, the environment, and anti-corruption:...

Preliminary Observations on Constitutional Amendments

Key considerations include:

• Finding a proper balance between rigidity and flexibility in the amendment process.
• Avoiding two potential pitfalls: rules for constitutional change being either too rigid or too flexible.

Initiating Constitutional Amendments

• Typically, the Parliament holds the right to initiate the amendment procedure.
• Individual members of parliament may have this right in some constitutions, but not in others.
• Some constitutions grant this right to the Government, the Head of State, or local authorities.
• Several constitutions allow citizens to initiate a proposal through popular vote or initiative.
• Some constitutions mandate a specific time interval between the initiative and the parliamentary

Item 6. SA and Limited Partnerships

1. Company Types

SA (Sociedad Anónima)

• Ideal for accessing capital markets.
• Mandatory for large companies.
• Minimum capital: €60,000.
• Partners choose the company's social purpose at incorporation.

Limited Partnership (Sociedad Limitada - SL)

• Suitable for small and medium-sized companies.
• Minimum capital: €3,000.

2. Characteristics of Corporations (SA)

1. Share Capital: Divided into shares, each representing a part of the social capital and granting ownership.
2. Social Capital:
   • Determined in the company's statutes.
   • Must be stable, with a minimum of €60,000.
   • If half the equity capital is lost, it may lead to bankruptcy.
   • Key Aspects:
     • Existence and Determination: Social capital must be established and divided into shares.
     • Stability

Jurisdiction (Article 357)

Deprivation, suppression, and restoration of parental rights must be decided by the judge of the Trial Chamber of the Court of Protection of Children and Adolescents. The procedure follows Chapter IV of this title.

Guardianship (Article 558)

Guardianship includes custody, material assistance, supervision, moral guidance, and education of children. It also grants the power to impose appropriate corrections according to their age and physical and mental development.

Guardianship requires direct contact with children and empowers guardians to decide on their place of residence.

Guardian Exercise (Article 359)

Parents exercising parental authority have custody of their children and are legally responsible (civil, administrative,...

Cultural Freedom of Communication

Government Commitment to Culture as a Right

The Spanish Constitution recognizes culture as a fundamental right, requiring positive action from the government. This right is central to the Constitution, providing a comprehensive vision of various cultural phenomena.

The Principle of Enculturation: Democratic and Universal Culture of Fundamental Rights

Fundamental rights, embodying freedom and tolerance, are integral to culture. They represent the highest values of every culture, universally recognized through intellectual reflection.

Culture encompasses the spiritual, material, intellectual, and emotional characteristics of a society or social group. This includes arts, literature, lifestyles, fundamental rights,...

Removal and Appointment Authority

The Comptroller General may be removed from office following a court ruling in a trial of removability, a process involving the Supreme Court. In the event of impairment, the Sub-Comptroller shall assume the role. The Comptroller holds sole authority to appoint and remove staff, independent of any other authority.

A. Control of Legality

The Comptroller is responsible for reviewing supreme decrees and resolutions issued by ministries to ensure legality. According to Resolution 1.600/2008, which outlines actions subject to examination, the Comptroller may represent the illegality of a decree. In such cases, the President of the Republic may issue a decree of insistence signed by all ministers, except when the decree...