Contracts with Consumers and Users
1. Contracts with Consumers and Users
Contracts between consumers or business users are governed by the LGDCU (General Law for the Defense of Consumers and Users), as well as special regulations that may exist for particular types of contracts. In the absence of specific regulations, civil and commercial law applies. They are also subject, where appropriate, to the LCGC (Commercial Code) (art. 59.2 and 3).
Key Aspects of the Regulation:
Information: In addition to being a basic consumer right, information
Read MoreFundamental Rights in the European Context
Fundamental Rights
Concept
Fundamental rights differ from human rights in their international scope. At the international level, rights are less protected. The law defines a fundamental right based on two perspectives:
- Material Character (Luigi Ferrajoli): A right is fundamental if it has a universal character, applying to all persons or entities. This criterion suggests that even countries without a constitution could have fundamental rights (e.g., the United Kingdom). However, this theory has limitations,
Introduction to the State and Rule of Law
Lesson 1: The State and the Rule of Law
I. The State
1. Historical Origin and Concept
The modern state emerged as a counterpoint to medieval feudalism, characterized by absolutism. Three key authors inspired its creation: Machiavelli (“The Prince”), Bodin (“The Six Books of the Republic”), and Hobbes (“Leviathan”). These thinkers placed the state above all other institutions and even the people themselves.
Despite the liberal revolutions, the state’s core structure as an organization of social domination
Read MoreGrounds for Termination of Employment According to the Labor Code
Grounds for Termination of Employment
Legal Framework
The grounds for termination of employment are outlined in Articles 159, 160, and 161 of the Labor Code. These articles cover grounds for revocation, dismissal due to company needs or job mismatch, and termination by mutual agreement.
Types of Termination
Objective Causality
Objective causality refers to situations that lead to the dissolution of the employment contract due to external factors not attributable to either the employer or the employee.
Read MoreProcedural Law: Action, Execution, and Criminal Proceedings
PART IV: ACTION
The Emergence of Procedural Law
The subject of action marked the movement of procedural law as an autonomous branch. Procedural law began to recognize that the rights exercised in legal proceedings are distinct from private subjective rights. The initial question is how procedural law was established. The concept of subjective action seeks to explain the judge’s right and obligation to protect the rights of litigants, essentially explaining the initiation and operation of judicial
Read MoreEmployment Contracts and Conditions
Classification by Length of Day
Full-Time
Hiring for full working days, depending on the worker’s status. The maximum workday is 40 hours. Contracts may be indefinite or fixed-term, allowing for a maximum of 80 overtime hours.
Part-Time
Contracts for working days less than full-time. These can be indefinite or fixed-term and must be in writing. Overtime is generally not allowed, except under force majeure.
Indefinite-Term Contracts
Common Contract
Concluded without a set time limit. Can be formalized in
Read More