The Institutional and Technical Significance of the Idea of Person
PART TWO: “RIGHT OF THE PERSON”
THEME 4: THE INSTITUTIONAL AND TECHNICAL SIGNIFICANCE OF THE IDEA OF PERSON
1. THE CONCEPT OF PERSON
Today, no one doubts that all human beings are persons. Words “subject to noteholders must recognize and respect the social organization and especially the state as an expression of an organized social group in which we move (Forestry).
This idea is the basis of the law and especially the Civil Code. So says Article 10 of the Spanish Constitution: “The dignity, the inviolable
Read MoreLabor Mobility and Contract Termination in Spain: A Comprehensive Guide
Labor Mobility
Functional Mobility
- In-professional group or equivalent professional categories: Law does not require cause for this mobility.
- Out-professional group or between categories that are not equivalent: There must be technical or organizational reasons, produced by essential time. If the time is inferior, unpredictable reasons are required.
- Outstanding mobility: Carried out under the procedure established for substantial modifications of the conditions of the contract or agreement between parties.
Nationality: Definition, Importance, and Modes of Acquisition and Loss
Nationality
1. Introduction:
Nationality is status of a person who is attached to a state by the tie of allegiance. It is a relationship between a state and individual. The fundamental basis of a nationality of a person is membership of an independent political community. The question of determination of nationality comes within the doctrine of municipal law.
The Hague conference (1930) while adopting convention of the conflict of nationality laws left to each state to determine as to “who are its
Bankruptcy Proceedings: A Comprehensive Guide
Dispossession: Concept and Legal Precedent
Article 64 regulates the specific representation of the trustee in the property and interests involved in the bankruptcy, stating that:
Once the declaration of bankruptcy is pronounced, the bankrupt is fully inhibited from administering all present property, except those which are unalienable.
The dispossession does not transfer ownership of the assets of the bankrupt to his creditors, but only the power to dispose of them and even pay off their loans.
The
Read MorePrivate Autonomy in Spanish Civil Law
ITEM 8: PRIVATE AUTONOMY
PRIVATE AUTONOMY IN GENERAL
We start with the concept of subjective rights: the power to act in legal life attributed to an individual to satisfy their own interests.
This action of individuals in legal life requires an area twice free of autonomy to the government and against the rights of other subjects.
The problem is how to reconcile the rights of all, and usually, the solution is not in one system like that in another.
(In the previous lesson, we said that collisions with
Read MoreInstrumental Personifications of a Corporate Nature in Public Administration
The Personification of a Corporate Nature
Instrumental Personifications
Initial Considerations
Instrumental personifications of a corporate nature are organizations that have legal personality created by the combination of two or more public bodies. This is done to develop a public service of common interest, connect related entities, or manage an activity of general interest.
Two key points:
- The association between entities is performed under a public form of personification.
- The association takes place