The 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
Read MorePossession of State in Family Law: Elements, Significance, and Legal Actions
ITEM 2: Ownership Status
3rd Possession Elements of State (Art. 214 CC)
Possession of child status is established by the existence of facts sufficient to normally indicate parentage and kinship relations of an individual with the people brought their parents and the family that says it is.
Foremost among these developments are:
- NAME: That the individual has used the surname of one who claims to have a father or mother.
- TREATMENT: That they will have waived the treatment of a child, and he, in turn, been