Executive Trials in Civil Procedure: Key Concepts
Executive Trials: Essential Concepts
1. Concept of Executive Trial
An executive trial is a particular litigation that seeks to obtain evidence by compulsion, the performance of an obligation as agreed, or a declaration that the debtor failed to comply in due course.
2. Requirements of the Executive Trial
The basic conditions of an executive trial are:
- Executive Action Prescribed: No
- Obligation Callable Currently: Yes
- Duty Liquid: Yes
- Existence of an Executive Title: Yes
3. Classification of Executive Titles
Executive
Read MoreLegal Terms Glossary: Definitions for Lawsuits
Legal Terms Glossary
General Legal Terms
Actual cause: The event directly responsible for another event or injury.
Advocacy group: Works to uphold the rights of a particular party or cause.
Affidavit: A written document in which the signer swears that the statements are true before an authorized person, such as a notary public.
Allegation: A formal accusation against someone.
Alternative: The opportunity to choose between two or more options.
Amicus brief: A type of brief which is filed by people who are
Read MoreUnderstanding Employment Contracts: Types, Requirements, and Bonuses
Interim Contract for Replacement: Characteristics
An interim contract for replacement must be in writing and should include:
- Company and worker data: Information about the company, the replaced worker, and the replacement worker.
- Reason for replacement: Clearly state the reason for the replacement, as it covers the replacement period and the nature of the recruitment.
- Employee’s right to retain the post: The aim is to replace an employee who is entitled to retain their position.
- Duration: The contract
Employment Contract Termination: Grounds, Dismissal, and Legal Consequences
Unit IX – Termination of Employment Contract
Grounds for termination of employment contracts are specifically provided for in them, if they are not contrary to law. The mutual agreement must be formalized in the presence of a notary public or a representative of the Labour Management Authority or the Clerk of Court Work in the Labour Court of a shift or two witnesses to the act. Other grounds include:
- The worker’s death or physical or mental disability that makes it impossible to fulfill the contract.
Common Law vs. Civil Law Systems & EU Law
Common Law vs. Civil Law
Common Law &
Read MoreColonial America: Government and Administration
Government and Administration in the Colonial Empire
From an institutional point of view, America was integrated into the Crown of Castile, which caused the institutions to be similar to the Castilian ones, but with some peculiarities. Therefore, the trend was centralized and authoritarian, but limited by distance and slow communications. This led to the famous formula, “It is obeyed, but not fulfilled.”
The institutions were distributed among those in the peninsula, the House of Trade and the Council
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