Legal Principles of Rights: Acquisition, Loss, and Prescription
Acquisition of Subjective Rights
Acquisition of a right is when a person becomes its holder. It can be:
Original Acquisition
If not based on any previous law, one becomes an ex novo holder; the thing does not belong to anyone prior.
Derivative Acquisition
When the right is based on the loss of it by the previous owner. There are two types:
Translational Acquisition
This occurs when the buyer purchases the property derivatively because the seller is deprived of it; i.e., the same right is transferred from
Pakistan’s Constitutional Framework: Amendments, Orders, and Judicial Precedents
Eighth Amendment: Presidential Powers and Assembly Dissolution
Total Amendments in Pakistan’s 1973 Constitution
Water Use Rights Registration: Legal Framework & Procedures
Understanding Water Use Derivative Rights & Registration
These are referred to as Derivative Rights because their registration requires a foundational background, stemming from an initial, original registration. Such rights are recorded in various registries: some in the Water Property Registry, others in the Mortgage and Taxes Registry (Water), and still others pertain to interdictions and prohibitions on the transfer of water rights.
Registration of Water Use Rights for Individuals & Organizations
The
Read MoreLabor Law Principles: Favorable Provision & Inalienable Rights
2. The Principle of More Favorable Provision
This principle applies when two or more rules are in force, requiring a selection between them based on which provision is more favorable to the employee. The most favorable rule is applied, while less favorable rules are deferred but not eliminated from the system.
To apply this criterion, a comparative analysis is necessary, using one of the following methods:
- Block Comparison: Legally recognized, preferring the block that is most beneficial.
- Selection
Federal Electoral Appeals: Challenging Administrative Acts
Electoral Review Appeal: Administrative Remedy
The Electoral Review Appeal is an administrative remedy designed to ensure the legality of acts issued by federal authorities in electoral matters. It is characterized as:
- An ordinary remedy: It confirms, amends, or revokes the contested decision.
- A vertical remedy: The reviewing body is different from the judge who issued the resolution, and is also the immediate superior of that judge.
- An interim action: It arises during the administrative stage, between
Business & Worker Registration: Social Security & Labor Compliance
Company & Worker Registration Requirements
Company Registration with Social Security
The employer must request their own registration. This registration is a prerequisite and essential for the initiation of activities. It must be performed at the Territorial Treasury of Social Security in the province where the employer’s address is situated. A numerical quote account code will be allocated for employer identification. The employer must indicate if they opt for mutual insurance with the INSS or
Read More