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

Error of Law

Error of law is the ignorance of the law or its interpretation. It does not invalidate a contract. Article 141 of the LICC (Law of Introduction to the Civil Code) requires good faith. Article 141 - Transmission of the will by an intermediary may be canceled. Article 142 - Does not become addicted when... Article 143 - The miscalculation is accidental.

Deceit (Dolo)

Dolo is the error caused by the bad faith of others.

• Principal Deceit: Represents the determinant of the transaction.
• Incidental Deceit: Not a decisive reason for the legal business. It only requires the satisfaction of losses and damages.
• Positive Deceit: Resulting from an action.
• Negative Deceit: Resulting in an omission.
• Bilateral Deceit: Given the bilateral turpitude, deceit

Credit Assignment and Subrogation in Civil Law

• Change of creditor.
• Assigned.

It is a voluntary act. It is a legal transaction: a transfer of a credit title to a new creditor. The assignment is a business transaction between the assignor (original creditor or transferor) and the transferee (new creditor).

The assignment can be for consideration (the assignor receives payment, which will be paid by the transferee) or gratuitous (the assignor receives nothing in return).

The debtor may or may not have knowledge of or consent to the transfer of credit. Knowledge is irrelevant to the validity of the transfer, although it affects its legal effects. The main effects are:

Payment of the obligation

• Payment of the obligation: If the debtor, without knowledge

Rules of Operation for Unitary Representation Bodies

Operational Procedures

• Staff Delegates: Delegates act in conjunction with the employer. Agreements do not require unanimity; a majority vote is sufficient.
• Company Committee: Members must elect a president and a secretary. The works council establishes its own rules of operation:

• A copy of these regulations must be submitted to the labor authority and the company for registration, not for legality control.
• Regulations cannot expand the legal powers of the works council or the collective agreement.
• The committee may establish commissions for specific functions. No union member may be excluded from these commissions, and their composition must maintain proportionality based on the number of representatives

Electoral System and the Electoral Process

The electoral process consists of the following stages:

1. Calling of elections.
2. Presentation and announcement of nominations:
   • a) Candidates.
   • b) Entitled to nominate candidates: Parties and federations, coalitions, and groups of voters who meet the requirements set by the special provisions of the Act.
   • c) Publication and announcement of nominations.
   • d) Appeals against the proclamation of candidates.
3. The electoral campaign:
   • a) General meaning and features: Free communication of ideas, equality of opportunity, institutional development to encourage participation in elections, political neutrality of public authorities, and the prohibition of electoral propaganda for members of the armed forces, state security bodies,

Understanding the Evolution of Public Law

The Principle of Legality (Top Juridica)

• Originates from the Constitution of 1833 (Art. 160).
• It is the basis of the Chilean government.
• Currently enshrined in Article 7 of the Constitution (CPR).

This principle establishes requirements for acts of public bodies. Public bodies must behave differently than private entities; their actions are more limited. Public bodies can only act if the law permits it.

The principle "under the Constitution or laws" means public bodies can only do what the Constitution or laws permit.

Differences between Public and Private Law:

• Private Law: You can do everything that is not prohibited.
• Public Law: You can do only what is permitted.

State Responsibility and Judicial Review

Individuals...

Complementary Expertise in Legal Proceedings

In cases where the court determines a defendant's obligation but not the exact amount or value, complementary expertise becomes crucial. The court may quantify the evidence precisely after evaluating the experts' performance, undertaking actions that the judge might otherwise be unable to perform independently.

This principle is underscored in the final part of Article 159 LOPT, concerning the publication of a sentence. It states that the judge may, if necessary, order additional expertise on the subject, to be conducted by a single expert appointed by the Court.

Understanding Ultrapetita in Court Judgments

A judge commits the vice of ultrapetita if, in their sentence, they decide issues extraneous to...

True or False Statements

• Arthur Kaufmann stated that the ontological structure of law required the essence and legal existence, in other words, natural law and positive law. True

• Pachioni and Wing, regarding relative equity, and Rotondi deny the possibility of identifying the general principles of fairness. True

• Statement: The effectiveness of the precepts of the law does not depend on legislation, implementing acts, and acts of obedience. (False)

  Clarification: The effectiveness of precepts depends not only on law and implementing regulations but principally on acts of obedience. (See page 417)

• Subjectivity is one of the key positions regarding the axiological problem. True

Multiple Choice Questions

1. Who called social order 'the right'?
   a) [Name]
   

What is a Vacation Cash Payment (Abono Pecuniário)?

A vacation cash payment, also known as abono pecuniário, corresponds to the conversion of one-third (1/3) of the vacation period into money. This conversion must be requested by the employee up to fifteen (15) days before the expiration of their acquisition period.

Which Employees Are Entitled to Concurrent Vacations?

Certain employees have the right to take their vacations simultaneously:

• Student employees under the age of eighteen (18) are entitled to align their vacations with school holidays.
• Family members working in the same establishment may take leave concurrently, provided it does not disrupt service operations.

Is it Possible to Split Individual and Collective Vacations? Please Substantiate

Procedure Definition and Elements of Administrative Action

The administrative procedure is a formal series of acts by which a concrete administrative action is implemented to achieve a finality.

1. Administrative activity determined to establish the factual assumptions from which it must proceed.
2. The participation of a plurality of individuals or bodies that have a particular intervention within the administrative procedure.
3. The need to adopt certain forms of action.
4. Participation of people with the status of parties in different procedures where the administration is acting.

Types of Administrative Procedures

Administrative procedures are classified as follows:

By Plurality of Activities:

• Special: Established by statute in certain sectors of administrative

Sources of Roman Law: Iura and Leges

Leges: Imperial Constitutions

The term Lex refers to the imperial will and rules. It was considered the only living source of Derecho (law) after other sources had been exhausted.

Classes of Laws:

• General Laws (including orationes edictales ad senatum)
• Special Laws (Rescripta and Adnotationes)
• Pragmatic Sanctions (an intermediate genre)

Iura: The Right of Jurists

Iura refers to the right derived from lawyers' opinions, encompassing the entire mass of earlier right enshrined in legal literature.

The Crisis of Legal Sources (3rd and 4th Centuries AD)

• Mid-3rd Century AD: Corruption of legal literature.
• 4th Century AD: Rise of Derecho Vulgar (Vulgar Law) in provincial courts.

This period was marked by a chaotic situation...