Understanding the Legal Nature of Marriage
The Legal Nature of Marriage
The term “marriage” is ambivalent, applying equally to two distinct concepts:
- Marriage in fieri: This refers to the legal act whereby spouses mutually consent to form the marital union. It is equivalent to the ceremony or the moment when the marriage becomes legal.
- Marriage in facto esse: This refers to the conjugal relationship or the community formed by the husband and wife, that is, the legal relationship between spouses.
This duality of meaning is the basis of two classical
Read MoreKey Labor Laws and Employee Benefits in India
Salient Features of the Employees’ Provident Fund (EPF)
1. Mandatory Contributions: Employees contribute 12% of their basic salary, and employers match this amount. A portion of the employer’s contribution goes to the Employee Pension Scheme (EPS) and Employee Deposit Linked Insurance (EDLI).
2. Interest: EPF balances earn annual interest, typically between 8-9%, which is tax-free.
3. Employee Pension Scheme (EPS): A part of the employer’s contribution provides a pension for employees after retirement.
Read MoreUnderstanding Legal Personhood: Rights and Obligations
Person: It’s all being (all that exists or can exist) layers of acquiring rights and obligations.
Types of People
- Natural person: All integers with characteristic signs of humanity without distinction or physical accidents are people visible.
Beginning and End of the Existence of a Natural Person
The existence begins at conception in the womb. Since then, rights can be acquired (e.g., an unborn child already has the right to life). It is considered a birth when the birth attendants are signs of life.
Read MoreUnderstanding Criminal Act Stages and Attempted Crimes
Unit 22: Degrees of Performing a Crime
Successive Steps in the Consummation of a Crime
The commission of an offense is displayed in a general process that consists of stages, from the purely subjective to the full implementation of the action described by law.
Internal Phase: Ideation, Deliberation, Resolution
The internal phase comprises the ideation process, deliberation, and resolution to do the criminal act that occurs in the psyche of the agent. The crime remains without exceeding the inner stage,
Read MoreLabor Unions and Collective Bargaining Agreements in Mexico
Labor Unions and Collective Bargaining in Mexico
Understanding Unions
A union is an association of workers or employers formed to study, improve, and defend their respective interests. No one can be forced to join a union. Unions must have a minimum of 20 active workers or 3 employers. Individuals under 16 and foreign nationals may not be part of the union leadership. Public meetings must be held at least every 6 months.
The General Secretary is the representative of the union. Unions may form federations
Read MoreAcquiring Property: Legal Methods and Key Considerations
Abstract: Legal Ways to Acquire Property
A mode of acquiring property is a fact or juridical act to which the law grants the virtue of operating in the generation, transfer, and transmission of domain and other real rights.
Features
- It is a fact or juridical act.
- Its origin is in the law.
- It operates in the generation, transfer, and transmission of property.
Theories
Traditional Doctrine: It has its origins in Roman Law. It distinguishes between:
- Title or remote cause of acquisition: The factual or legal