Sources of International Law: Treaties, Custom, and General Principles
General Principles of Law
This expression, used in the strict sense, refers to principles common to the legal systems of various states. Some are adaptable to the needs of the international legal order. Among these general principles of law, we can mention pacta sunt servanda (agreements must be kept). Another general principle of law is that no one can transfer more rights than they possess. Additionally, unlawfully caused harm should be fully repaired, and nobody can benefit from their own misconduct.
Read MoreThe Employment Relationship in Labor Law
Read MoreITEM 7: THE EMPLOYMENT RELATIONSHIP
7.1. Personal Elements of the Employment Relationship
An employment relationship arises between an employer and an employee. Labor law defines the employer as a natural/legal person/community property receiving paid services from those who voluntarily work in the area of their organization and adhere to the same direction. A worker is considered a natural person who provides services under the orders of an employer, yielding the fruits and risks of the activity.
The Preliminary Question in Private International Law
Plea
Introduction
In a recent study, the German doctrine of the preliminary question has been gaining attention. It is a relatively rare occurrence, but it is not uncommon to encounter a preliminary question in the context of private international law.
A preliminary question arises when a court is faced with two or more legal relationships that are intertwined in such a way that it is impossible to resolve one without addressing the other. The court must then determine which relationship is the “main”
Read MoreThe Government in Spain: Constitutional Position, Composition, and Members
Lesson 13: The Government
I. Government’s Constitutional Position
In Spain’s political system, the government holds a dominant position, enshrined in the 1978 Constitution. This hegemony stems from:
- Parliamentary Government: The President is indirectly elected by Congress, providing democratic legitimacy.
- Political Stability: Mechanisms for political accountability are difficult to implement, making it unlikely that Congress can force the government’s resignation through a vote of no confidence.
- Importance
The Evolution of Mexican Constitutions: From Apatzingán to the Plan of Iguala
The First Constitution of Mexico: Apatzingán (1814)
On October 22, 1814, the Congress of Apatzingán, fleeing persecution by Calleja’s troops, promulgated the first Constitution of Mexico, titled Constitutional Decree for the Liberty of Mexican America. Inspired by the principles of the Spanish Constitution of Cádiz, it established a republican system of government, popular sovereignty, and the right to change government. It also proclaimed the separation of powers into executive, legislative,
Read MoreThe Claim Procedure: A Comprehensive Guide
Ball 3
Claim
Preliminary notions:
Elements of the process:
Every process has a subjective and an objective element, and also imports a particular activity.
The subjective element,
is represented by the persons empowered to start it, drive it to demand it and say it.
In the primary subjects contentious proceedings are judicial or arbitral body and parts.
The judiciary as the holder of a public (or possibly comparable to that), is in a superordinate level in relation to the latter, as it may impose, through
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