Fundamental Principles of Procedural Law: A Comprehensive Analysis
Fundamental Principles of Procedural Law
1. The Public Interest in the Process
The process has an eminently public or general interest since, by its nature, it guarantees respect for life, peace, social harmony, and justice.
2. The Exclusive and Mandatory Role of the State
The judicial function is a power of the state, prohibiting private justice. This determines the obligation of citizens to submit to state judicial decisions. The state is the sole administrator of justice.
3. Independence of the Judicial
Read MoreBusiness Structures and Operations: A Comprehensive Look
Company
Definition: An economic unit that combines different factors of production, producing and making goods and services publicly available to meet demand. Firms produce goods and services using several factors of production:
- Labor: The physical and intellectual personnel performing in the production process.
- Natural Resources: Resources that nature makes available to humans to produce what they need.
- Capital: Produced goods that are used to produce other goods.
All these factors combine to:
- Produce:
Separation of Powers and Legal Framework in Spain
Rule of Law
The Rule of Law originated with the French Revolution and is based on the separation of powers into three branches.
The Division of Powers
Legislative Power
The Cortes Generales represent the Spanish people through the Congress of Deputies and the Senate. There are 350 Congressmen and 259 Senators. They are elected every four years by universal, free, equal, direct, and secret suffrage. The Cortes Generales exercise the legislative power of the State, approve the General State Budget, control
Read MoreLegal Measures: Protecting Victims and Criminal Procedures
Measures to Protect Victims: Purpose and Classes
The court can take measures such as the prohibition of residence, movement, and communication in proceedings for crimes of homicide, abortion, injuries, torture, crimes against freedom, against moral integrity, sexual freedom, against the right to privacy, to honor, heritage, and socio-economic benefits. These measures are based on a prima facie case (circumstantial complaint), not on the existence of a periculum in mora (risk of delay), but on the
Read MoreEmployment Contracts and Labor Relations in Spain
What is the Termination of an Employment Contract?
The termination of a contract of work includes the completion of the employment relationship and all its effects. This termination may occur for different reasons:
- The Will of the Workers:
- Resignation
- Breach of obligations by the employer
- The Will of the Employer (Dismissal):
- Disciplinary
- For objective reasons
- Collective
- Force majeure
- Other Causes: Death, retirement, or incapacity of the employee or employer.
What are Processing Salaries?
Salaries during the
Read MoreUnderstanding National Identity, Rights, and Venezuelan Law
National Identity
National identity refers to the material, immaterial, moral, and spiritual interests of a nation. Its knowledge, love, and solidarity in defense make time and space, life and death, to the core population that makes it up. Dr. Maritza Montero defines national identity “as a set of meanings and representations, permanent throughout time, which allows members of a social group to share a common history and territory as well as other socio-cultural factors such as language, religion,
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