Special Payments and Obligation Breaches in Law
Special Payment Methods
Allocation of Payments
When multiple obligations exist, the debtor can specify which debt the payment covers. However, interest must be covered before principal. If the debtor doesn’t specify, the law prioritizes interest payments.
Payment in Kind
Instead of the original benefit, the debtor and creditor can agree on a different form of payment.
Payment by Transfer of Property
The debtor can transfer property to creditors to settle debts.
Provision
The debtor deposits the due item
Read MoreEmployment Contract Essentials: Mobility, Suspension, Termination
Functional Mobility (FOL)
Types and Causes
- Within Professional Group: No specific reason required.
- Outside Professional Group/Non-Equivalent Categories: Requires technical or organizational justification. Lower category requires reasonable and unforeseen circumstances.
- Extraordinary Mobility: Must follow procedures for significant contract changes or mutual agreement.
Geographical Mobility
Airport Transfers
- Concept: Permanent transfer to another workplace.
- Cause: Economic, technical, organizational, or
US Political System: Structure and History
Chapter 13: The Political System of the United States
Scheme
1. Introduction
2. Historical-Political Analysis
2.1. Foundation: First Continental Congress
European heritage, the Constitution, land, resources, and frontier experience shaped the American people and institutions. English settlements began with Jamestown (1607) and Massachusetts Bay. Colonial reforms sparked reactions in the territories. The First Continental Congress (1774) in Philadelphia crystallized anti-metropolis views. The conflict
Read MoreSpanish Labor Rights: Strikes, Lockouts, and Collective Agreements
The Strike
A strike is the collective suspension of work by employees to demand benefits from their employer. The right to strike is protected, and no one can be forced to work during a strike.
Legal Strikes require a specific procedure:
- Agreement by workers or their representatives.
- Written notice to the employer and labor authorities (5 days in advance, 10 for public companies).
- Formation of a strike committee (maximum 12 workers) to negotiate and ensure essential services.
Illegal Strikes occur when:
Read MoreBankruptcy and Unlawful Detainer Procedures
1. Competition Concept in Doctrine
R = Declaration of civil obligations receivable on a non-trader with insufficient equity for multiple creditors.
2. Classes of Competition
Article 684 – Debtor’s contest can be voluntary or required. Voluntary when the debtor declares assets and liabilities. Required when multiple creditors sue with insufficient assets.
3. Subjects in Bankruptcy Proceedings
Insolvent trustee, interim final trustee, auditor, creditors, debtors, and judge.
4. Provisions for Declaring Contest
Article
Read MoreConstitutional Sources and EU Integration: Legal Frameworks
Constitutional Regulation of Sources
International Treaties
International treaties establish relationships between states, creating rights and obligations. The process includes negotiation, adoption, authentication, and consent (ratification). In Spain, treaties produce internal effects after publication, are subordinate to the Constitution, and can be modified or repealed according to international law. General Courts authorize specific treaties (Articles 93 and 94).
