Legal Capacity, Family, and Inheritance in Civil Law
Person and Legal Capacity
Legal Capacity and Capacity to Act
The law considers every person a subject of rights. A person has legal capacity and capacity to act, determined by birth (Articles 29 and 30 of the Civil Code).
Article 30 states that a fetus is considered born if it has lived for 24 hours entirely detached from the womb. This article raises two points:
- The outdated notion that a woman could conceive a monster.
- The conflict between a woman’s right to bodily autonomy and the right to abortion.
Commercial Sales Contracts: A Comprehensive Guide
1. Introduction to Contracts
A contract is an agreement between two or more parties (individuals or entities) to fulfill specific conditions during a defined period. Contracts create legally binding obligations. Key aspects of contracts include:
- Contracts are binding only on the involved parties.
- Contracts are formed through mutual consent.
- Contracts require adherence to both explicit and implicit terms.
- Unauthorized representation of another party in a contract is prohibited.
2. Contract of Sale
A contract
Read MoreJurisdiction, Procedural Principles, and Rights in Civil Proceedings
Jurisdiction
State courts hold the power to judge and execute judgments fairly, ensuring independence and objective disinterest. This power aims to perform legal proceedings and achieve res judicata. Constitutional Principles of Jurisdiction:
- State monopoly.
- Reserved jurisdiction.
- Exclusive jurisdiction.
- Unity of jurisdiction.
The Legal Process
The legal process comprises a series of events and phases in the exercise of the judicial function. Classes of Processes:
- Declarative and advisory process.
- Execution
Labor Law and Procedures in Mexico
Labor Law and Procedures in Mexico
True/False Questions
- Conciliation meetings take place in the city of Merida. False
- Labor inspectors can impose fines. False
- Training provided by a national employment service depends on the Federal Board of Conciliation and Arbitration. False
- The Council of Representatives of Workers (CNSM) has fifteen representatives. False
- Work standards are requested. True
- The timber industry falls under state jurisdiction. False
- It is the labor attorney’s function to advise workers
Workers’ Rights, Employer Duties, and Strike Regulations
Worker Duties
Duty of Good Faith and Diligence
Contracts rely on the good faith of both parties, avoiding unfair advantage or misleading. This includes acting efficiently for satisfactory work results. Good faith also involves improving productivity, upholding health and safety, complying with employer orders and agreements. Breaching this duty justifies disciplinary dismissal without compensation.
Covenant Not to Compete and Stay with the Company
The duty not to compete during employment is legally
Read MoreEmployee Rights and Regulations: Workday, Leave & More
Employee Rights and Regulations
Working Hours and Schedules
Night Work
Work performed between 10 PM and 6 AM is considered night work. A night worker is someone who performs at least 3 hours of their daily work or one-third of their annual work during this period.
Workday Limits and Breaks
The maximum workday is generally 40 hours per week. Agreements between the company and workers or collective agreements can allow irregular distribution of daily working hours, provided there is a minimum 12-hour rest
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