Understanding Theft, Robbery, Extortion, and Fraud
Item 1: The Crime of Theft
Definition
Theft is the act of taking possession of another person’s movable property without their consent, with the intent to benefit from it.
Elements of Theft
- Actus Reus (Guilty Act): The physical act of taking possession of the property (seizure).
- Mens Rea (Guilty Mind): The intent to permanently deprive the owner of their property.
Theories of When Theft is Complete
- Apprehension Theory: When the thief touches the property.
- Removal Theory: When the property is moved.
- Ablatio
Administrative Procedures and Contract Law
Article 43: Silence Initiated at the Request of Interested Parties
Section 1
In proceedings initiated at the request of an interested party, if the deadline expires without notification of a specific resolution, the interested party is entitled to understand the request as granted or denied by the administration, subject to the resolution that the Administration should issue as provided in Section 4 of this article.
Section 2
Interested parties may generally understand administrative silence as granting
Read MoreNegotiable Instruments: Endorsements, Guarantees, and Payments
Negotiable Instruments
Cancellation of Acceptance
Remains obligated to those who know of acceptance. Charges can be applied.
Endorsement
Concept
A cambiário act where the borrower transfers credit ownership.
Abstract Act
Endorsement is an abstract, formal, and unilateral act. It’s abstract because it’s detached from its motivating factors. It’s formal because it requires a signature on the document. It’s unilateral because only the endorser participates. Successive endorsements are possible.
Character
Transfers
Read MoreWorker Participation and Labor Relations in Companies
Dismissal and Redundancy
Dismissal
Disciplinary Dismissal: Results in the termination of the labor contract.
Unfair Dismissal: Entitles the employee to reinstatement or compensation. If the employer chooses termination, compensation is 45 days’ salary per year of service, capped at 42 months. Interim wages are also due.
Redundancy
Allows employers to terminate contracts for economic, technical, organizational, or production reasons, unrelated to the worker’s performance. This can be individual or collective.
Read MoreNovation and Paulienne Action in Civil Law: A Legal Analysis
Novation in Civil Law
Novation is a mode of extinguishing voluntary obligations. An obligation is extinguished by creating a new one, effectively transforming the original obligation.
Characteristics of Novation
- Essentially extinguishes an earlier obligation.
- Requires a substantial change, such as a change in the parties involved (creditor or debtor) or the object of the obligation.
Classes of Novation
Subjective Novation
Involves a change in the subjects of the obligation, either the creditor or the debtor.
Read MoreLabor Law Fundamentals: Spain and the European Union
1. Definition of Labor Law
Labor law comprises the rules and principles governing social relations in employment, including constitutional, civil, criminal, administrative, labor, social security, taxation, finance, commercial, international, and EU employment law.
2. Employee-Employer Relations
Labor law regulates the relationship between employees and employers, originating from employment contracts or collective agreements.
3. The European Union and Labor
Spain joined the EU in 1986, which now comprises
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