Understanding 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
Characteristics Regulated by Labor
Read MoreUnderstanding Key Contract Types: Sale, Lease, and Loan
The Contract of Sale
This contract is (i) consensual, (ii) real, (iii) bilateral, and (iv) onerous. For representation of money, we usually understand a cheque, a promissory note, or a bill of exchange.
Despite the consensual nature of the contract, the sales contract causes real effects (transfer of property). Consequently, as a result of the preceding provisions, we could distinguish two phases in a sales contract:
- Obligational
- Real
Obligation Phase
The contract is perfected when the mutual consent
Read MoreParliamentary Functions: Lawmaking, Control, and Referendums
Parliamentary Functions: An Overview
In joint session, Parliament elects the Head of State and receives their oaths, appoints 5 judges of the Constitutional Court and a third of the Supreme Judicial Council, decides on the prosecution of the President of the Republic and members of Parliament and the Government.
Parliament functions in committees that are very similar in both houses. The Standing Committees number 13, and they are represented by parliamentary groups in proportion to their seats. Both
Read More