Exploring the Foundations of Administrative Law
Special Study of the Rational Sources of Administrative Law
Sound Sources
- Custom
- Jurisprudence (Court decisions are not legislation and not mandatory)
- Scientific Doctrine
A. Administrative Court
Two Accepted Perspectives:
- Legal science
- Legal interpretation
Ulpian: He equated administrative law with justice itself.
Kelsen: He discussed administrative law within the context of sociological jurisprudence.
Planiol: He focused on how courts interpret laws.
Solar Light: He highlighted the habit of consistent judgment
Read MoreUnderstanding Legal Subjects and Procedural Capacity in Litigation
Legal Subjects and Their Interests
The Parties Involved
Legal subjects are individuals whose interests are central to legal proceedings. According to Chiovenda, a party is someone who initiates a voluntary action under the law. Calamandrei describes parties as the key figures in the courtroom, with the plaintiff driving the process.
Plaintiff or Applicant
This is the individual who initiates the legal action, either personally or through a representative. They are considered a party in both a formal
Read MoreChilean Presidential Election and Powers: An Overview
Chilean Presidential Elections and Powers
The Electoral System
Chile’s electoral system, established by the 1980 Constitution (CPR), is a two-round system, also known as a double-shift system. This replaced a previous system that allowed a candidate to win the presidency with less than a majority of the electorate.
Key Features:
- Elections are held 90 days after the end of the previous president’s term.
- A candidate wins with an absolute majority of valid votes (blank and null votes are not counted).
- If
Personnel Selection, Contracts, Remuneration, and Social Insurance
Personnel Selection and Recruitment Tools
Personnel selection is the process of choosing individuals with the greatest potential to adapt to a position and meet organizational needs. The primary goal is to find the most suitable candidate, considering both company and employee requirements.
Recruitment Tools
- Capacity Test: Measures intellectual capacity or general intelligence. It’s a high-validity test assessing staff resilience, though not job-specific.
- Personality and Psychological Tests: Evaluate
Chilean Company Law & Regulations
Task Legislation
Commercial Acts
Article 3 defines acts of trade as those undertaken as part of a business by one or both contracting parties. These include:
- Purchase and exchange of movable goods intended for resale, barter, or lease, and the subsequent sale, exchange, or lease of these goods. Ancillary purchases or barters to complement core industrial operations are excluded.
- Purchase of a commercial establishment.
- Lease of movable goods with the intent to sublet.
- Commercial commission or mandate.
Collective Bargaining & Contract Law in Mexico
Collective Bargaining Agreement
Definition
A collective bargaining agreement is established between one or more trade unions and one or more employers (or employers’ organizations) to define working conditions.
Article 388: Multiple Unions
- If industrial unions are involved, the collective contract held by the union representing the largest number of workers within the enterprise prevails.
- If craft unions are involved, collective bargaining occurs with all major unions representing the professions, if