Understanding Obligations and Contracts: Key Elements
Obligations
Class:
- Dar: Refers to the delivery of things, including money.
- Hacer: Refers to providing a service.
- No Hacer: Forbids the carrying out of certain conduct.
Obligations are subject to these rules.
Condition
A condition is a clause by which the acquisition or loss of a right depends on an uncertain future event that may or may not occur.
Term
A term is a clause that postpones the effects of an obligation. The term may be:
- True: When the date of compliance is determined, such as in a lease (for a
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Right to Stand for Election: An Overview
The right to stand for election is a fundamental aspect of political participation, enshrined in Article 23 of the Spanish Constitution (EC). This right is intrinsically linked to the principles of political pluralism and popular sovereignty, as outlined in Article 1 of the EC.
The ability to stand for election is subject to self-conceptualization and equal treatment, with requirements stipulated by the Electoral Law. Those who have been proclaimed candidates,
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Moreover, the multitude of decisions to be undertaken by the State means that much scrutiny occurs subsequently, greatly reducing the ability to influence it. Furthermore, current parliamentary control of the government, specifically the communication of government (and opposition) policy to the public, depends heavily on the media. It can even be concluded that the real work of controlling the government’s executive outcomes falls primarily to the media, with citizens exercising control only indirectly.
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Effectiveness of Legal Rules
Opting Out of Applicable Law
Opting out of the applicable law may be valid only when not contrary to public order or injurious to third parties. This rule presupposes the impossibility of excluding the applicability and validity of decision rules for stakeholders. The proper understanding of the possibility of excluding the application of a rule—a principle applicable to a situation but whose application is precluded by stakeholder decision—requires placing this matter
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Contract Definition
An act by which one party undertakes to another to give, do, or not do something.
Unilateral Contract
One in which one party undertakes to another to give, do, or not do something.
Bilateral Agreement
One where the contracting parties mutually undertake obligations.
Imperfectly Synallagmatic Contracts
Contracts initially appearing unilateral but later generating obligations for the party originally not bound.
Plurilateral or Associative Agreement
An agreement with two or more parties
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Individual and Collective Autonomy
Article 37.1 of the EC recognizes the right to collective bargaining. It’s important to consider that the rights of workers and employers are on the same level, and neither should be paramount over the other. This recognition must have a material translation: unions, through guarantees, will carry out the negotiation. On occasions, the interests of one group may conflict with the interest of an individual worker; that is, the collective interest represented by a
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