Legal Facts, Acts, and Business: A Comprehensive Overview
Legal Facts, Acts, and Business
Legal Facts
Legal facts are events that create, modify, or extinguish legal relationships. They can be:
- Natural Facts (strictly legal sense): Occur without human interference, following natural law. Examples: birth, death, natural disasters.
- Human Acts (broadly): Depend on human will. They can be legal or illegal.
Legal Acts
Legal acts are human acts with legal consequences. They are divided into:
- Strictly Legal Acts: Effects are determined by law (ex lege). Example: changing
Spanish Legislative Procedures and International Treaties
Spanish Legislative Measures with the Force of Law
Legislative Decrees
The Spanish Constitution outlines two types of governmental actions with the force of law, similar to legislative acts of general courts. The first is the Legislative Decree, where general courts enable the government to create provisions with the force of law. Key features of legislative delegation include:
- Absolute Limit: Matters reserved to organic law cannot be delegated.
- Subject Matter: Covers the full scope of law enabled
Workplace Safety and Health: Rights and Responsibilities
Workers’ Rights
Linked employer’s liability includes:
- Right to protection for workers with temporary employment relationships.
- Right to protection for particularly sensitive workers.
- Right to regular health monitoring.
- Right to cease trading in the event of serious and imminent danger.
- Right to be provided with personal protective equipment.
- Right to use appropriate work equipment.
Information, Consultation, and Participation
These are basic workers’ rights. The employer must ensure workers receive information
Read MoreCrimes Against Sexual Freedom and Exploitation
Crimes Against Sexual Freedom
Sexual Assault
Numerous reports highlight cases of sexual assault. Sexual assault occurs when violence and intimidation are used against a person’s sexual freedom. It can manifest in many ways.
Penalties
Sexual assault is punishable by 1 to 4 years imprisonment. If the assault involves sexual intercourse, object insertion, or oral/anal penetration, the penalty is 6 to 12 years.
The sentence may increase to 4 to 10 years or 12 to 15 years, respectively, under the following
Read MoreCriminal Law, Criminology, and Criminal Policy
Civil Law vs. Criminal Law
Criminal law recognizes and protects various civil institutions (e.g., spouse, marriage) to establish certain crimes. However, sanctions in civil law are generally compensatory and reparative, while criminal penalties are repressive.
Key differences also exist regarding the interpretation of the law and the starting point of human life. Civil law admits guilt for compensation, which doesn’t apply in criminal matters. While criminal law has specific principles, it also
Read MoreRetention Schemes and Special Features in Brazilian Law
Retention Scheme (CPC art. 542, § 3)
Against Interlocutory Decisions
Retention applies only to interlocutory decisions and occurs at the time of the offense. Retaining the aggravation is the rule for challenging an interim decision. This is maintained because the principle aims to prevent harm and is held until the trial’s conclusion. The decision can be supportive, and you may not want it to be judged. An interlocutory decision causing harm is entered with the wrong instrument. Suppose an interim
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