Key Legal Rights and Contract Law: From Unpaid Sellers to Cheque Transactions
Unpaid Seller: Key Rights Under the Law
Right to Lien: The seller can retain possession of the goods until payment is made, provided they are in possession of the goods.
Right to Stop Goods in Transit: If the goods are in transit to the buyer and the seller has not been paid, they can stop the goods and regain possession.
Right to Resell: If the buyer defaults, the seller may have the right to resell the goods and claim any loss from the original buyer.
Right to Action for Price: If the buyer refuses
Key Concepts in Spanish Commercial Law: A Comprehensive Analysis
The Factor in Commercial Law
A factor is a manager of a company or establishment, serving as an employee authorized to manage, direct, and enter into contracts. They possess varying degrees of power and act as authorized agents, empowered to make legally binding actions on behalf of the employer. These actions pertain to the company’s or establishment’s trafficking or finances. The operations related to the company’s trafficking or finances are those common in developing activities and are considered
Read MoreEmployment Contracts: Types, Rights, and Obligations
The Employment Contract
Can you work legally without a work contract? Can a minor work legally? What is probation? Is there a single contract or a plurality?
All workers have the right to know their working conditions, even if the employment contract is verbal. They may require at any time that the labor contract be made in writing to confirm their working conditions. It is important to know, although it seems obvious, that you should not sign any document without reading it carefully, as blank documents
Read MoreApplication and Interpretation of Legal Norms
Unit 3: The Application and Interpretation of Legal Norms
1. The Application of Rules: Interpretation and Integration
Legal rules, issued through the system of sources, have the function of regulating social life. The meaning and purpose of legal norms are not exhausted by their formulation; they are satisfied when the rules apply to channel patterns emerging as the behavior of society members and to resolve conflicts in coexistence.
But to achieve this result, we need a set of operations that tend
Read MoreLabor Relations: Conflict Resolution, Strikes, and Collective Agreements
Conflict Resolution Methods
When disputes arise in the workplace, several methods can be employed to resolve them:
- Conciliation: Parties to the conflict present their claims, attempting to reach a settlement before a third party.
- Mediation: A designated body assists in conflict resolution by proposing recommendations or value-based decisions.
- Arbitration: A third party intervenes, and their decision is binding, dictating the agreement’s contents.
- Agreement Signed by Business Organizations and Trade Unions
Constitutional Court Systems: Concentrated and Diffuse Models
There are two primary systems of judicial review regarding the constitutionality of laws: diffuse (as seen in the USA) and concentrated (the Austrian-Kelsen model).
Diffuse Control (USA)
In the diffuse model, all courts can assess the constitutionality of laws. This assessment occurs incidentally during a case when a law’s constitutionality is questioned.
- All ordinary courts can rule on the constitutionality of laws.
- Differences between courts are resolved by superior courts, ultimately the Supreme