Legal Rule Effectiveness: Application, Enforcement, and Time
Effectiveness of Legal Rules
Opting Out of Applicable Law
Opting out of the applicable law may be valid only when not contrary to public order or injurious to third parties. This rule presupposes the impossibility of excluding the applicability and validity of decision rules for stakeholders. The proper understanding of the possibility of excluding the application of a rule—a principle applicable to a situation but whose application is precluded by stakeholder decision—requires placing this matter
Read MoreEssential Contract Types and Legal Definitions
Contract Definition
An act by which one party undertakes to another to give, do, or not do something.
Unilateral Contract
One in which one party undertakes to another to give, do, or not do something.
Bilateral Agreement
One where the contracting parties mutually undertake obligations.
Imperfectly Synallagmatic Contracts
Contracts initially appearing unilateral but later generating obligations for the party originally not bound.
Plurilateral or Associative Agreement
An agreement with two or more parties
Read MoreCollective Bargaining Dynamics & Employment Law Principles
Individual and Collective Autonomy
Article 37.1 of the EC recognizes the right to collective bargaining. It’s important to consider that the rights of workers and employers are on the same level, and neither should be paramount over the other. This recognition must have a material translation: unions, through guarantees, will carry out the negotiation. On occasions, the interests of one group may conflict with the interest of an individual worker; that is, the collective interest represented by a
Read MoreMaternity Rights: Leave, Protection, and Allowances
Maternity Rights and Protections
Rights are seen as maternity protection. The rights covered by the Labour Code are:
- Pre- and postnatal Rest (maternity leave)
- Permit for child’s health if less than one year requires home care.
- Allowance for rest periods and leave.
- Outside employment regulations.
- Prohibition on work harmful to their health during pregnancy.
- Right to nursery.
- The right to food.
Right to Maternity Leave Extension
Maternity leave includes pre- and postnatal periods. The prenatal period is 6 weeks
Read MoreCanon Law and Royal Power: A Historical Analysis
- The emperor tried to establish a guardianship of the Church.
- Pope: Church sought to protect itself.
Pope Gregory VII established a set of policy proposals:
- The primacy of the Pope over the bishops.
- The autonomy of the Church and the clergy against temporal powers.
- Their subordination to the protection of Rome.
The autonomy of the Church and the clergy against temporal powers justified the waiver/privilege of the clergy in relation to the temporal forum and the claim of a “special forum” or “privileged
Read MoreRoman Law: Rescripts, Jurists, and Edicts in the Principate
Rescripts in Roman Law During the Principate
Similar to the Rescripts (epistulae), anchored in the time of Hadrian, have special importance for the development of the private law of the second and third century AD. The rescript is the opinion of the princeps at the request of a particular legal question. The answers were added to the same request submitted by the petitioners and subscribed by the emperor. They were displayed in public, and the person concerned could apply for a copia. The emperor
Read More