Spanish Social Security System: Benefits and Requirements
1.1. Definition of the Public Social Security System
The public social security system aims to protect individuals and their families against risks and contingencies leading to need.
Membership is compulsory for those residing and working in the country.
1.2. Benefit Modalities
- Contributory Budget: Features health and social services aid.
- Economic Benefits:
- Contributory: Granted to eligible workers and their relatives. Funded through worker and employer contributions.
- Non-contributory (welfare): Granted
Spanish Constitution of 1978: Articles & Historical Context
TEXT COMMENT 30: SELECTED ARTICLES OF THE 1978 SPANISH CONSTITUTION
1. CLASSIFICATION: This text presents selected articles from the 1978 Spanish Constitution. Drafted by a parliamentary assembly following King Juan Carlos I’s ascension, it’s crucial for understanding Spain’s transition to democracy. A primary legal and historical source, it offers insights into the first articles of this democratic constitution, approved on December 6th, 1978, after the Franco era, under President Adolfo Suárez’
Read MoreLegal Procedures: Evidence, Testimony, and Confessions
Legal Procedures: Evidence and Testimony
Requirements for Proving a Case
Article 161
The states what is required to prove. Accordingly, the plaintiff must prove their case, and the defendant their exceptions.
Article 162
One who refuses to testify does not have to prove anything, unless their denial implies a fact.
Article 163
Proof is also required for any denied fact that ignores a legal presumption in the litigant’s favor.
Article 164
Only facts are subject to testing; rights are not, except when based
Read MoreVicarious Liability and Criminal Law: A Comprehensive Analysis
Art. CP 121 contains specific provisions for state vicarious liability for harm caused by public employees who are criminally liable if the injury is a direct result of the operation of public services.
The text includes only vicarious liability for intentional or reckless crimes, excluding misdemeanors. Arguably, this exclusion is intended to prevent forcing criminal responsibility to qualify the event as needed solely to establish liability. However, this should be avoided by establishing efficient
Read MoreSpanish Labor Law Standards: Hierarchy, Minimum Standards, and Worker Benefits
Spanish Labor Law: Standards & Principles
This document clarifies the principles governing labor standards in Spain, focusing on hierarchy, minimum standards, and worker benefits.
Hierarchy and Minimum Standards
Spanish labor law operates on two key principles: hierarchy and minimum standards. The principle of hierarchy dictates that legal standards supersede other provisions (Art. 3 ET). The minimum standard principle ensures that collective agreements and individual contracts cannot establish
Read MoreParricide and Other Aggravated Homicides
1. Parricide
The Act of Parricide
Parricide, in a narrow sense, is the killing of a father by his son. Historically, this crime was punishable by death and severe torture.
Aggravating Factors in Homicide
Certain relationships between the perpetrator and the victim aggravate the crime of homicide:
- Father, mother, or child (legitimate or illegitimate)
- Legitimate ascendant or descendant
- Spouse
The Doctrine of Aggravation
This doctrine is based on the concept of a more culpable verdict due to the close relationship
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