The 1978 Spanish Constitution: A Comprehensive Overview
The 1978 Spanish Constitution
Key Features
The 1978 Constitution is characterized by its consensual nature, resulting in a lengthy text and a slow legislative process, sometimes causing public discontent. Influenced by various international constitutions, it demonstrates originality while acknowledging the historical impact of the 1812 and 1831 Spanish Constitutions, incorporating elements like the constructive vote of no confidence. Its innovations address crucial matters such as the protection
Read MoreCanadian Legal System: An Overview
Introduction to Law
What is Law?
Law is a set of rules generally obeyed and enforced within a politically organized society (Stephenson & Shears).
- Cicero: Laws ensure citizen safety, state preservation, and societal happiness.
- Blackstone: A law must conform to divine law.
- Coke: Law is the perfection of reason.
Rule of Law
The Rule of Law ensures everyone is treated equally under the law, and power should not be used arbitrarily. It originated from the Magna Carta (1215).
Enforceability
Laws are created
Read MoreRoman Law of Obligations: A Comprehensive Guide
Roman Law of Obligations
Item 33: Long Lease and Surface
Enfiteusis
Enfiteusis is a real right, transmissible both during life (inter vivos) and upon death (mortis causa), that allows the holder to cultivate another’s land in exchange for an annual fee (rent).
Superficie
Superficie differs from a lease by allowing building on land outside the payment of an annuity, also called pensio or salarium.
Item 35: Obligatio
General Theory
According to Justinian, obligatio is a legal relationship by which we are
Read MoreStatus Libertatis: Causes and Extinction of Slavery in Rome
Legal Capacity and Slave Status
In ancient Rome, individuals could be either free or enslaved. Only free persons possessed full legal capacity. Who were considered slaves? Individuals could be born into slavery, or they could fall into slavery after birth. Children born to enslaved mothers inherited their status. Only the mother’s status was considered, as slaves could not legally marry, and the father was deemed unknown. Later, however, it was accepted that a child would be free if the mother had
Read MoreIndian Law: A Comprehensive Guide to its History and Sources
Indian Law: A Comprehensive Guide
Introduction
Indian law refers to the set of legal rules applicable in India, or in the territories of the Americas, Asia, and CEANI dominated by Spain. (A. Dougnac)
Scope
- Municipal Law: Rules created specifically for the Indies (Creole law).
- Castilian Law: Applied in the absence of specific legislation.
- Indigenous Law: Applicable provided it did not undermine natural law, the Crown’s rights, or the Catholic religion.
The Recopilación de Leyes de Indias (RLI) contains
Read MoreWorkers’ Rights, Duties & Contracts: A Comprehensive Guide
Workers’ Rights and Obligations
Basic Rights
- Worker status
- Meeting and organizing freely
- Striking
- Free choice of profession or trade
- Collective bargaining
- Collective conflict measures
- Information, consultation, and company participation
Rights and Duties of Workers
Rights:
- Work and free choice of profession or trade
- Free association
- Collective bargaining
- Collective conflict measures
- Striking
- Meeting
- Information, consultation, and company participation
- Effective occupation, promotion, and on-the-job training
- Non-discrimination
- Adequate