Spanish Audiovisual Law and Intellectual Property

ITEM 1. Division of Powers and the Composite State

Division of Powers

Spain is a social and democratic state under the rule of law. Power is divided among the Crown, the legislature (Parliament, Ombudsman, and Court of Auditors), the Executive (Government, Administration, and State Council), the judiciary, and the Constitutional Court.

The Crown

The King is the Head of State, a symbol of unity and permanence. The King arbitrates and moderates institutions, represents Spain internationally, and exercises

Read More

Check Relationships: Drawer, Payee, Holder, and Drawee Obligations

A) Relationship Between Drawer and Drawee

The internal relations between the drawer and drawee are governed by contract. This agreement is normally part of a broader banking contract and includes the provision of a checkbook and the bank’s obligation to honor validly issued checks if sufficient funds are available.

The key issue between drawer and drawee is the effectiveness of check revocation (covered in Art. 138.1). Revocation has no effect until after the submission deadline. If the drawee bank

Read More

Police Arrest, Detention, and Habeas Corpus in Spain

Police Arrest

It is the obligation of all police officers to detain a person involved in the criminal process for the time required to carry out the relevant proceedings. Unlike detention by private individuals, this is a legal obligation. Under Article 492 LECrim, the authority or police officer is obliged to arrest any person found in any of the cases of Article 490 LECrim. As for misdemeanors, arrests will not be made unless the person has no known address or does not offer sufficient security,

Read More

Intermediate Phase and Compliance in Criminal Proceedings

Empirical Concept

This phase encompasses various processes and content, extending from the conclusion of the investigation or research activity until the commencement of the trial and before the practice of proof begins.

Key Exhibits

  1. Decision on Adequacy of Training: Determines if training is sufficient or needs further development. Includes indictment completion.
  2. Trial: Judicial oversight of the factual and legal basis, ensuring sufficient consistency to justify proceeding to trial. Assesses the reasonable
Read More

Contract Amendments, Functional & Geographic Mobility

Contract Amendments, Functional & Geographic Mobility

Item 5 – Contract Amendment

1. Substantial Contract Changes

Substantial employment contract changes may occur due to: a) New laws altering contract terms; b) Mutual agreement; c) Business reasons (justification required). Modifiable conditions include work schedule, shift patterns, remuneration, and functions (when exceeding functional mobility limits as per Article 39). Change of venue constitutes a contract modification requiring employer

Read More

Employment Contracts and Labor Relations

Track 1: The Employment Contract

Art. 1.1: Definition of an Employment Contract

An employment contract exists when an individual voluntarily provides services under the direction of another person (employer) in exchange for payment.

Provision of Services

The provision of services includes both manual and intellectual work. It emphasizes activity, not results. The worker must fulfill their hours, not necessarily achieve a specific outcome. The service must be voluntary; if the employee’s consent is

Read More