Contract Invalidity and Annulment: Causes and Effects
Contract Invalidity or Annulment: Legal Concept
Characteristics and Causes
Doctrine and jurisprudence establish annulment as a protective measure for specific interests. Only the holder of these interests is entitled to exercise the corresponding action, not anyone with a legitimate interest. These interests are those of the contracting party who seeks annulment under the law.
The Civil Code does not explicitly state the reasons for requesting contract annulment. However, they can be inferred from
Read MoreUnderstanding EU Directives on Immigration and Employment
EU Directives on Immigration and Employment
IV. Directive “Return” This directive establishes common rules and procedures to be applied in Member States for the return of third-country nationals in an irregular situation, in accordance with fundamental rights as general principles of Community law and international law, including obligations for refugee protection and human rights.
Definition of irregular situation: The presence in the territory of a Member State of a national of a third country that
Read MoreUnderstanding Pardons and the Vicarious System in Spain
Understanding Pardons in Spain
Pardon: Regulated by law of June 18, 1870, as amended by the Act of January 14, 1988. It represents a waiver of the *ius puniendi* by the state. It is a right of pardon and representative of executive interference in judicial functions (Delas).
Its purpose is to soften the penalty’s excessive rigor, both in general terms in the law itself (amnesty) and as a result of applying this general law to a specific case (pardon). Criminal records do not disappear, and it does
Read MoreUnderstanding Business Structures: LLC, SLNE, and Corporations
Business Structures: LLC, SLNE, and Corporations
This document outlines the key characteristics of three common business structures: Limited Liability Companies (LLC), Sociedad Limitada Nueva Empresa (SLNE), and Corporations.
Limited Liability Company (LLC)
- Number of Partners: One or more individuals or entities.
- Liability: Limited to the capital invested.
- Capital: Minimum of 3,005.06 EUR, divided into shares. Can be in cash, property, or rights.
- Company Name: Trade name + “Limited Liability Company”
Understanding Employment Contracts: Key Aspects
Employment Contract: Key Elements
An employment contract is an agreement between two parties where one party, the worker, agrees to provide services under the direction of the other, the employer, in return for guaranteed remuneration. This remuneration is independent of enterprise risks.
Essential Elements of an Employment Contract
- Consent: The manifestation of the will of both parties to enter into a contract. Consent given by force or fraud, or by individuals lacking legal capacity, is invalid.
Understanding Public and Private Law: Labor Regulations
Public and Private Law
Public law: Its rules are intended to regulate the activity of the state and public organisms. It includes:
- International Public Law
- Political Law
- Administrative Law
- Criminal Law
- Procedural Law
- Financial Law
- Community Law
- Labor Law
Private law: Regulates relations between individuals, or between individuals and the state/public bodies when the latter are acting in a private capacity. It includes:
- Private International Law
- Labor Law
- Civil Law
- Commercial Law