Commercial Law: Understanding Delays, Bankruptcy, and Bills of Exchange
What is a Delay?
A merchant whose assets exceed their liabilities, but who, due to unforeseen events or excusable circumstances, anticipates the need to delay or postpone payments, may be considered in a state of backwardness. They may request authorization from the competent court to proceed with a friendly settlement of their business within a period not exceeding twelve months. During the resolution of their request, they are restricted from engaging in any operations other than simple retail.
Read MoreEmployment Contracts and Labor Laws: Types, Rights, and Regulations
**Employment Contracts**
An employment contract is defined as the expression of intent from both sides of the employment relationship, employer and employee, on the conditions under which to develop the work.
Form and Validity of the Employment Contract
Can be written or verbal, except for specific cases. All contracts are presumed indefinite unless proven otherwise. Written contracts are required for temporary contracts and full-time, indefinite contracts for specific circumstances of production lasting
Read MoreMining Rights and Regulations: Understanding Land Use for Mineral Extraction
**Mining Rights and Regulations: Understanding Land Use for Mineral Extraction**
**Article 14: Right to Taste and Dig**
Everyone has the right to *taste* and *dig* in the land of any domain, except those covered by the limits of a mining concession of others, in order to find minerals. The damage that is caused by reason of the exercise of this power should be compensated. The respective trial will be processed in accordance with Article 233.
**Article 15: Permission Requirements for Tasting and Digging*
Read MoreCommercial Registry in Spain: Operations and Legal Framework
Concept and Character of the Commercial Registry
The Commercial Registry is a public office under the Directorate General of Registries and Notaries, which depends on the Ministry of Justice. The Registry is committed to a registrar, who assumes the office through a competitive examination. These competitions should be made public to ensure transparency in commercial activities.
- Seating: Article 35 to 37 of the Mercantile Registry Regulation (MRR).
- Registry: Article 14 to 15 of the MRR.
- Books: Article
Juvenile Justice: Understanding Adolescent Criminal Liability
System of Adolescent Criminal Liability
- Section of Adolescent Criminal Court
- Criminal Chamber of the Supreme Court
- Attorney General
- Public Defenders
- Police Research
- Programs and Support Bodies
Youth Section of the Criminal Court
- Control Tribunal
- Trial Court
- Mixed (composed of a judge and two lay judges)
- Sole (one judge, provisional)
- Implementation Tribunal
- Court of Appeals
Criminal Penalties
Article 253. Torture
Any public official who, personally or through another, inflicts severe suffering or pain on a child
Read MoreDue Process of Law: Rights, Procedures, and Judicial Error
**The Art of Due Process of Law**
Article 19, Number 3, subsections 4 and 5 of the Constitution guarantees the right of any person to appear before a court. Upon exercising the right of action, individuals are entitled to be tried by a tribunal established by law, within the timeframe stipulated by the Constitution. This process must be legally conducted, rational, and just.
Key Elements of Due Process
- Right to prior action.
- Courts legally established to adjudicate cases. This is derived from CPR section