Spanish Advertising Law: Misleading, Unfair, and Unconstitutional Ads
Misleading Advertising
Misleading advertising, defined in Article 4 of the Act, can induce or mislead recipients, affecting their economic behavior and potentially harming competitors. It can also omit key information. There are three types of misleading advertising:
- Misleading to recipients, either by using a similar brand to a prestigious one or by other means.
- Harmful to a competitor, making reference to another brand.
- Omitting essential product details (e.g., selling a component separately).
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Read MoreLegal Acts: Conditions and Validity
Legal Acts Essentials
A legal act manifests human will to produce legal effects. A legal fact triggers legal repercussions.
Key Concepts
Legal consequences include law creation, termination, or amendment. A convention amends or terminates rights and obligations. A contract creates rights and obligations (Article 1438).
Act Existence Elements
For a legal act to exist, it requires:
- Will
- Aim
- Cause
- Solemnities
Act Validity Conditions
For validity, a legal act must have:
- Defect-free will
- Capacity
- Lawful object
- Lawful
Understanding Indefinite and Fixed-Term Employment Contracts in Spain
Indefinite Contracts & Bonuses
Permanent Labor Agreements
Permanent contracts have no set termination date. They are presumed indefinite unless a temporary nature is explicitly stated. Indefinite contracts are assumed in the following circumstances:
- The worker hasn’t been discharged from Social Security after the trial period.
- The contract wasn’t made in writing when required.
- Contracts are entered in fraud of law (e.g., fixed-term for continuing needs).
- The company doesn’t end the contract upon completion,
Criminal Investigation Procedures: Statements, Witnesses, Evidence
T7: Acts of Concrete Research
Statements by the Accused
One of the citizens’ fundamental rights, recognized in Article 24.2 of the Constitution, is the right not to self-incriminate and not to plead guilty. If arrested, an initial statement, known as an inquiry, is taken within 24 hours of detention, extendable for another 48 hours with just cause. This process is repeated as often as the instructor, prosecutor, or other parties deem necessary. The first interrogation aims to determine personal circumstances,
Read MoreLegal Subjects: Natural Persons in Chilean Law
Subjects of the Law: Natural Persons
Concept and Classification
Article 55: “They are all individuals of the human species, whatever their age, sex, race, or status.”
A person or entity is any being capable of acquiring rights and obligations. These may be Natural (human) or Legal (moral or legal fiction).
Natural Persons
a) Existence: Natural Birth and Legal Existence
e) Presumed Death
Natural Existence: (Art. 75) The law protects the life of the unborn (e.g., suspending the punishment of pregnant women)
Read MoreCriminal Liability and its Consequences
Liability Arising from Crime and Death Accessory Consequences
1. Concept and Nature of Liability
The commission of a crime gives rise to criminal liability. This liability can arise ex delicto, where the individual responsible for a crime faces penalties defined by the state. These penalties serve preventive purposes, both general and specific. While the criminal is responsible to the state and community for punishment, liability also involves repairing or compensating the victim for the effects of
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