Understanding Obligations and Liabilities in Civil Law
Concept and Classification of Obligations
Credit Rights: The powers that allow a person (creditor) to require another person (debtor) to act in a certain way. An obligation is the legal relationship whereby a person, called the debtor, is subject to performing a specific action that another person, named the creditor, has the right to demand.
Elements of an Obligation
- Real Elements: The content of the material or performance obligation on which the obligation rests.
- Personal Elements: Debtor and creditor.
Civil Procedure: Jurisdiction and Legal Actions
Study these procedures to obtain a positive legal outcome.
Jurisdiction: Voluntary and Contentious
Next to the action, we have jurisdiction. Law enforcement is carried out only by the judiciary. The rite is the determination of the action, applicable to the case. Jurisdiction can be:
- Voluntary: Refers to cases in which the judge is involved, not to resolve a conflict, but only to authorize it. Examples include marriage and adoption.
- Contentious: Requires the intervention of the judiciary to resolve
Labor Rights and Social Security: Key Concepts
What is a Union?
A union is a democratic organization composed of workers in defense and promotion of their social, economic, and professional interests related to their work activity, relative to the center of production (factory, shop, company) or employer with whom they are contractually related.
What is a Collective Agreement?
A collective agreement is an agreement between the representatives of workers and employers to determine working conditions and productivity in a given workplace. To be meaningful,
Read MoreRoman Property Law: Rights, Limits, and Defense
Item No. 3: The Property
Property is the power that belongs to a person, named the owner, to directly obtain from a certain thing all the legal use this thing is likely to provide.
Characters
-
It was an absolute right, not because it may have limitations, but because the powers of the owner are not prohibited or limited exhaustively and are therefore indeterminate. The advantages of ownership are reduced to three:
- Jus utendi: the right to use the thing.
- Jus fruendi: the right to obtain fruits and revenues.
Understanding Legal Decrees in Chile: Enactment and Publication
Punishment, Enactment, and Publication
Once all previous steps have been completed, the President of the Republic approves and enacts the law. It is then an order to be fulfilled as the law of the Republic and is published in the official gazette. The promulgation is made through a Presidential Decree, which mandates compliance as the law of the Republic and its publication.
Between the sanction and promulgation, the Comptroller reviews the constitutionality and legality. If it is approved, it is
Read MoreUrban Planning and Construction: Systems, Contracts, and Regulations
Actuation Systems in Urban Planning
Compensation System
Run by the owners themselves, who also create cost estimates for planning. The Junta de Compensación (JC) has legal personality.
Cooperation System
The council aims to acquire market territories.
Expropriation System
Owners are deprived of ownership in exchange for compensation.
Forced Execution System
Applied to owners who fail to comply with the Compensation System.
Developer Concession System
Benefits and burdens are shared.
Property Registration
A
Read More