Business Entities and Corporate Governance in Spain
Associations and Foundations
Associations and foundations are legal entities without profit in mind:
a) Associations (Organic Act)
- Composed of at least three members (physical and legal entities).
- Members contribute with knowledge, means, and activities to reach common legal targets of particular and general interest.
- Its legal identity (personality) is acquired at the foundation minutes.
- Associations will jointly respond to all obligations against third parties. In particular cases, members will jointly
Non-Contractual Liability Requirements in Spain
Requirements of Non-Contractual Liability
Article 1902 of the Spanish Civil Code establishes four general requirements:
- Human Behavior: A positive (action) or negative (omission) human behavior. In the case of a duty to act, the act should be voluntary and unlawful (antijurídico).
- Existence of Damage: An impairment of a legally protected interest (property or personal damage).
- Property damage (daño patrimonial): If assets are harmed.
- Moral damage: If the personal sphere is affected (e.g., the pain
Understanding Criminal Law Interpretation
Interpretation of Criminal Law
The interpretation of legal rules is defined as the discovery and determination of the law’s meaning in order to apply it to specific real-life cases. Rules are not always clear, which necessitates a proper understanding of legal interpretation to ensure justice. Several theories of statutory interpretation exist:
Theories of Statutory Interpretation
- Subjective Theory: According to this theory, the meaning of the law must be sought in the legislature’s intention (mens
Economic Crime and Penalties: An Analysis of Compliance
Continued economic crime in the Jump-type: no penalty should be applied at the upper, lower, or higher grade to prevent bis in idem.
This regulation raises several questions:
- Establishing what the most severe penalty is in a continuing offense may be difficult. In many cases, they cannot prove each and every one of the violations, what the law calls “indeterminacy procedural violations.” It will be necessary to know all penalties for comparison, and the proven violations may be taken into consideration.
Employer’s Duty to Protect Workers: Safety and Maternity Rights
Employer’s Duty to Protect: Ensuring Worker Safety and Rights
The law mandates employers to fulfill a ‘duty of protection,’ requiring them to implement measures that effectively safeguard workers while performing their duties.
Key Aspects of the Duty to Protect
- Protecting Life and Health of Workers: This is a broad obligation, requiring employers to take necessary precautions based on the specific tasks performed.
- Maintaining Hygiene and Safety at the Project Site: Employers must ensure workers operate
Provincial and District Elections: Key Differences
Provincial Elections
Provincial Election: Your home is in the relevant province.
Features:
- Your area is provincial.
- They are temporary, active only during the electoral process and disappear afterward due to economic reasons.
- They relate to the provincial government, which provides materials, venues, etc.
Composition:
There are only 5 members, of which 3 are Provincial Court judges. They are appointed by lot. The other two are appointed by the Central Electoral Board from professors or renowned lawyers.
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