Notes, summaries, assignments, exams, and exercises for Law for Vocational training

Obligations and Rights

A person (the debtor) has bought an item and has not yet paid the seller (the creditor).

An obligation is a legal bond that links two or more people. At least one of them, known as the debtor, is subject to performing a benefit for another, called the creditor.

The obligation and the right to credit represent two sides of the same reality.

Content of the Obligational Relationship

The debtor and creditor are united by a bond that is composed of two elements: debit and responsibility.

• Debit: This requires the debtor to perform a benefit, which the creditor can demand to fulfill a legitimate interest under their credit right. Debit must be accompanied by responsibility.
• Responsibility: This has a patrimonial character; it is a

Classes of Official Duties

Economic, non-economic, and social union.

A) Economic

Officials are entitled to basic pay, salary and bonuses, triennial bonuses, and additional remuneration for extra allowances, specific productivity, and gratuities.

B) Non-economic Rights

At the office, career development, appropriate treatment, dignity and privacy, leave, etc.

C) Trade Union Rights

To self-organize, to strike, and trade union participation and representation.

D) Social Rights

Contingencies and benefits in general, basic and complementary.

Duties of Officials

The duties of officials are understood as the legal obligations they have regarding the services provided in public administration.

Classes of Duties of Officials

From a moral, professional, and political...

Promissory Notes

Functions similarly to a postdated check regarding the current account. It serves as a payment document delivered to a holder, who cannot make it effective until the date shown on it. Promissory notes are standardized and are issued by banks or companies with a format similar to a check.

A promissory note should contain:

• Title of note
• Pure and simple promise to pay an amount
• An indication of maturity
• Place of payment
• The name of the person to whom payment is to be made

Checks

A very useful method of payment, as its mere delivery transfers the amount of money it represents to another person. The recipient can cash it at the issuing bank or deposit it in another bank for collection.

From a legal point of view, a check is a valuable instrument...

Starting a Business in Chile: A Step-by-Step Guide

1. Time to Set Up a Company in Chile

The process may take more than 6 months, approximately 130 days.

2. Costs Associated with Starting a Business

Costs vary depending on the type of company, with a fixed value of approximately $550. Examples:

• Industrial Company: $1,350
• Food Company: $1,270

3. Limited Liability Company Procedures

An individual limited liability company is a legal entity with limited liability. The owner's personal assets are only liable to the extent of their capital contribution. The company is liable with all its possessions.

A company is an association of individuals or legal entities engaged in commercial activity, pursuing a profit or gain shared among partners based on their contribution....

Civil Servants (Funcionarios)

Individuals employed in public administration roles, operating under a statutory appointment. This typically involves permanent service and a fixed salary. They may serve the administration on a temporary or statutory basis.

Selection Systems

• Opposition (Oposición): Candidates undergo one or more tests to demonstrate their capacity for the vacant position.
• Contest (Concurso): Candidates are selected based on the assessment of their merits (e.g., experience, qualifications) without competitive examinations.
• Contest-Opposition (Concurso-Oposición): A combined procedure involving both the assessment of merits and the successful completion of specific tests.

Career Progression

Professional Classification

Jobs are classified...

Defining Legal Persons and Entities

Natural Person (Individual)

A natural person is defined as a human being who is alive (often legally defined as having survived more than 24 hours after birth).

Legal Person (Entity)

A legal person or entity is an organization or association (often requiring members to be 18 years or older) capable of forming a company or undertaking legal obligations.

Individual Entrepreneur (Sole Proprietor)

An Individual Entrepreneur is a natural person who is of legal age and possesses full legal capacity to act.

Key Characteristics of Sole Proprietors

• Requires the existence of habitual (regular) business activity.
• Always acts on their own behalf and assumes personal liability.
• Subject to Individual Income Tax and other applicable

Social Security:

A set of rules and institutions aimed at assisting and protecting citizens against certain claims or states of need, ensuring their prevention.

Entities and Solicitors:

• INSS (National Social Security Institute): The organization responsible for the recognition and management of the right to economic benefits within the Social Security system during its contributory phase. It also recognizes the right to family benefits and healthcare, except for unemployment benefits. It manages the Social Institute of the Navy.
• IMSERSO (National Institute of Migration and Social Services): Manages the rights to economic benefits of the Social Security system during its non-contributory phase. IMSERSO is also responsible for managing complementary

Business Structures Explained

Sole Proprietorship

The simplest form of business organization is the sole proprietorship. This structure requires one person to provide the capital, control the business, keep all the profits, and accept unlimited liability. There are no special legal requirements, except that the business name must be registered if it differs from the owner's name.

It is easy to start this type of business, but it can be difficult to compete with large firms and challenging to raise money for expansion. When people open small shops, they are usually sole proprietors and may employ others.

Partnership

To form a partnership, at least two people are necessary. They contribute capital to the business and share profits in agreed proportions....

Contracts for Work in Public Administration

Contracts for work are formal agreements between a public administration entity and a contractor. These agreements primarily involve:

• The construction of real estate.
• The performance of work to alter the form or substance of land or subsoil.
• Land reform, repair, maintenance, or demolition of properties defined above.

Awarding Public Works Contracts

Public works contracts are typically awarded through several established procedures, designed to ensure transparency and competitiveness:

• Open Procedure: This method allows any interested economic operator to submit a tender.
• Restricted Procedure: Only those economic operators specifically invited by the contracting authority may submit tenders.

Both open and restricted...

Employment Contract Definition

An employment contract is an agreement between an employer and an employee, establishing the obligation to provide specific services under the employer's direction in return for remuneration.

Forms of Employment Contracts

• The employment contract can be written or verbal.
• If the written requirement is not observed, the contract is considered signed for an indefinite time and full-time. However, this presumption can be countered by proof certifying the temporary or part-time nature of the service.
• Either party may demand that the contract be formalized in writing, even during the course of the employment relationship.

Contracts That Must Be Written

Certain contracts are required to be formalized in writing, including:

1. Indefinite