Spanish Labor Law: Sources and Constitutional Framework
Concept of Labor Law
Labor law is defined as the set of rules governing paid, voluntary, and dependent work. Key concepts that frame this work activity include:
- Compensation: The employee receives payment for performing work.
- Voluntariness: The worker provides services freely, without coercion or pressure.
- Dependency: Work is performed for an employer, meaning the worker is subordinate and not self-employed.
- Alienation (Fruit of Labor): The results of the worker’s efforts belong to the employer; the
Public Office Plant Positions: Holders, Substitutes, Surrogates
Public Office Plant Positions Explained
Public office positions can be categorized, with one type being Plant positions. These represent the set of permanent positions legally assigned to each institution, forming a permanent staff structure (e.g., managerial, professional, administrative, technical assistants).
Individuals holding these Plant positions can be classified as:
Types of Plant Position Occupants
Holders
Officials appointed to fill a vacant office permanently.
Substitutes
Officials designated
Read MoreKey Laws and Concepts of Francoist Spain
Key Francoist Spain Legislation and Concepts (Item 14)
The Franco Regime
The Franco regime, instituted after the Spanish Civil War, established a state characterized by extreme authoritarianism. Its most important features included:
- Totalitarianism: Inspired by Italian and German fascism.
- Abolition of the 1931 Constitution and all individual and collective guarantees.
- Closure of Parliament.
- Banning of all political parties and trade unions, except for a single official party (Falange Española Tradicionalista
Understanding Roman Law and Legal Theory: Key Concepts
Roman Law: Core Principles
The concept of legal obligation is a relationship where one party, the debtor, must observe a behavior or provision (doing or not doing) in the interest of another party, the creditor.
The object of the obligation is to give, do, or perform a specific behavior.
A source of obligation is the fact, act, or legal provision that gives rise to obligations.
The foundation of quasi-contracts lies in the principle that no one should enrich themselves without cause or harm to another.
Read MoreUnderstanding Food Law in Chile: Key Regulations and Rights
Food Law
Chilean law • A. • The Civil Code arts. 321 and 337 of Title XVIII of Book I regulate essentially the following subjects:
- 1. Who and under what circumstances should food (art. 321)
- 2. How to proceed when you have multiple titles to request food (art. 326)
- 3. Grounds for disqualification from food (art. 324)
- 4. Criteria to assess food (articles 329, 330, and 333)
- 5. When and to whom to provide food (art. 327, 331, and 332)
The other provisions of the Civil Code relating to food are:
- 1. The relationship
Understanding Intent (Dolo) in Criminal Liability
Forms of Guilt in Criminal Law
Among the most burdensome forms of guilt is intent (dolo). Generally, all crimes described in the Penal Code are considered malicious (intentional), with the exception of reckless or negligent crimes (culpa), which are typically less severe. However, between intent (dolo) and negligence (culpa – note that recklessness and blame are often synonymous terms in the Penal Code), there are several scales of responsibility. Responsibility is graduated within intentional
Read More