Understanding Different Types of Laws and Legal Principles
Common Law
Common law is the standard ordinary legal status, usually the second step in the legal hierarchy of a state’s laws, following the Constitution and in parallel with organic laws or equivalent (which often have unique requirements for approval and deal with specific matters). It is at the same hierarchical level but with different powers. However, Spain’s Constitutional Court held in its Judgement of February 13, 1981, that the relationship between regular and organic law is not one of hierarchy,
Read MoreMexican Civil Code: Sales, Leases, Donations, and Other Contracts
Purchase
Article 1397.- The purchase is a contract whereby one party transfers ownership of one thing or all of the right and the other pays a certain price in money.
Article 1398.- The sale is binding on the parties by agreement only them in the thing and the price, although the first has not been delivered, nor the second satisfied.
Article 1399.- If the price of the thing sold be paid partly in money and partly in value otherwise, the contract will be for sale when the share of cash, equal to or
Read MoreEmployee Dismissal: Legal Consequences and Procedures
Dismissal: Legal Consequences and Procedures in Spain
Determining the Procedure
In the event of a dismissal, the judge shall determine the procedure as appropriate, inappropriate, or null (108.1 LPL).
Appropriate Dismissal
An appropriate dismissal occurs when the employer is credited with alleged non-compliance in the written communication (55.4 ET 108.1 LPL). Legal requirements regarding the gravity and culpability of the breach of contract by the worker are considered, with guilt not being supported
Read MoreKey Concepts and Elements of Roman Law
1. Unilateral Legal Act
Unilateral legal acts are those that, to be born into the life of the law, require the concurrence of the will of one party or author. Examples: Testament, recognition of a child.
2. Bilateral Contract
A bilateral contract is one in which both parties are mutually bound. Examples: Sales, leasing, etc.
3. Conditions Precedent
A condition precedent is one on which the extinction of a right depends. It depends on the cessation or termination of the effects of a legal transaction
Read MoreMexican Labor Law & INFONAVIT: Rights and Obligations
Mexican Labor Law: Key Articles
Article 21. The existence of a contract and a working relationship are presumed between the individual providing personal work and the individual who receives it.
Article 23. Individuals over the age of sixteen can freely provide their services, with the limitations specified in this Law. Child workers can receive payment of their salaries and exercise their respective actions.
Article 24. Working conditions should be documented when there are no applicable collective
Read MoreConstitutional Reform in Spain: Processes and Procedures
The Initiative to Reform
The initiative to reform forwards Article 166, the provisions of Article 87.1 and 2, for the legislative initiative. In accordance with this reference, the following have a constitutional reform initiative:
- The Government
- The Congress of Deputies
- The Senate
- Legislative Assemblies of the Autonomous Communities
Legislative initiative on constitutional reform is excluded, except in cases accepted by the Constitution.
- Government: The initiative takes shape in a project approved reform