Debt Extinguishment: Compensation, Confusion, Remission, and More
Compensation
Compensation is the extinguishment of obligations that occurs when two people are both debtors and creditors to each other in their own right.
Effects of Compensation
- Extinguishes two debts by operation of law to the amount of the lesser debt (partial compensation).
- If both debts are equal, it completely extinguishes the legal bond and the obligation (total compensation).
- Extinguishes accessory obligations in the same proportion, including ancillary debt, interest expenses, and personal
Spanish Constitution Article 41: Social Security Rights
Article 41 of the Spanish Constitution: Social Security Rights
The public authorities shall maintain a public Social Security system for all citizens, guaranteeing adequate social assistance and benefits in situations of need, especially in case of unemployment. The assistance and benefits shall be optional.
Constitutional Principles
This article contains the outlines of a potential model for Social Security.
- Principle of Publicization of the System: This interpretation can be reached to the extent
Understanding Employee Mobility and Contract Changes
What is Functional Mobility?
Functional mobility refers to an employee’s ability to move freely between different jobs within the same company. These changes are made to perform functions that fall within the same or an equivalent professional level. It is also possible to change positions to perform functions of different categories, but this must be supported by technical or organizational reasons, and its duration must be strictly necessary. If an employee performs functions of a lower category,
Read MoreSpanish Public Administration: Structure and Functions
The Spanish Civil Administration
I. Levels of Public Administration in Spain
- General State Administration (central, peripheral, external, public agencies)
- Regional Administration (autonomous communities)
- Local Administration (provinces and municipalities)
II. The State General Administration
A) Central Bodies
Their jurisdiction extends throughout the country (Government).
B) Peripheral Organs
Their jurisdiction includes part of the territory (representatives of the Government in the regions, sub-delegates
Read MoreUnilateral Acts of States and International Law
Unilateral Acts of States
However, unilateral acts of States are not mentioned in Article 38 of the Statute of the Court as a source on the basis of which this body can resolve a dispute. In practice, the existence of unilateral acts of States as a formal source of international public law is fully recognized and accepted by both the doctrine and the case law.
Conceptually, we can say that the unilateral acts of States is a unilateral expression of the will of States made by its representative on
Read MoreCompany Formation and Types of Companies in India
According to Section 2 (20) of the Company Act 2013, a “Company” means a company incorporated under this Act or any previous Company Law. In general, a company is an artificial person, created by law, that has a separate legal entity, perpetual succession, a common seal, and limited liability. It is a voluntary association of persons who together contribute to the capital of the company to do business. Generally, the capital of a company is divided into small parts known as shares, the ownership
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