Legal Profession in Spain: Attorney’s Role, Requirements, Rights
The Attorney’s Technical Defense Role in Spain
An attorney alone cannot validly take a procedural step. The personal involvement or signature of the Advocate, who holds the technical and procedural direction of the defense, is also required in legal writings.
According to the Ley de Enjuiciamiento Civil (LEC – Civil Procedure Law), “the trial will be conducted by qualified lawyers authorized to practice in the court hearing the case; no application may be provided that does not bear the signature
Read MoreFoundations of Law: Systems, Concepts, and Historical Evolution
Understanding Legal Systems: Core Concepts & Structure
Law is a system of rules designed to maintain order, protect rights, and regulate behavior in society. It establishes norms, maintains social order, and provides a framework for resolving disputes between individuals or entities. The legal system is the infrastructure within a society that interprets, applies, and enforces its laws.
- Collective enforcement
- Positive law
- Legal certainty: Legal certainty has at least three aspects:
- Certainty about
Spain’s 1876 Constitution and the Canovista System
Understanding Spain’s 1876 Constitution
Source Analysis and Historical Context
Type of Source and Primary Nature
The document in question is a primary source, specifically the Spanish Constitution of 1876. It is a public and political document. The articles referenced within it pertain to the state’s confessional nature, fundamental freedoms (expression, assembly, association, and petition), and the legislative branch’s division into two houses of parliament: the Congress and the Senate.
Historical
Read MorePrivate International Law: Core Principles and Legal Frameworks
Sources of International Law
- Internal Sources
- Treaty Sources: Agreements among states.
- Institutional Sources: Events created by international organizations.
- Transnational Law: Such as Lex Mercatoria.
- Soft Law: Non-binding recommendations and opinions, lacking direct legal force.
Sources and Techniques in Private International Law (DIP)
- Primary Law (Original Law): Founding treaties, agreements, and amending or accession acts.
- Secondary Law (Derived Law): Measures adopted to comply with treaties and objectives,
Legal System Basics: Sources and Branches of Law
Legal System Fundamentals: Sources of Law
The rules that comprise the legal system originate from various sources:
Law
Refers to any general and binding law, enacted by a state organ in accordance with the national constitution. Rules can be found at national and provincial levels. Key features include:
- Mandatory: Laws must be obeyed by all inhabitants of the country, whether Argentine nationals or foreigners.
- General: They govern all similar situations described within the text of the law.
- Stable: Laws
Labor Law: Wage Compensation & Benefits Regulations
Compensation and Wage Regulations
Article 129: Salary Determination
The salary shall be freely determined, but in no case shall it be less than the minimum fixed by the competent authority as prescribed by law.
Article 130: Wage Fixing Criteria
In fixing the amount of wages for each type of work, the quantity and quality of service shall be taken into account, as well as the need to ensure a humane and dignified living for the worker and their family.
Article 131: Worker’s Right to Dispose of Wages
The
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