Legal Norms: Validity, Applicability, and Effectiveness
Loss of Validity
Legal norms lose validity when:
- They are repealed.
- They have a time limit.
- A provision replaces the rule with different content.
Retroactive and Irretroactive Standards
Irretroactive Standard: Does not apply to past events; has no effect backwards.
Retroactive Standard: Applies to past events. New regulations can have an effect backwards, as determined by the legislature. Art. 9.3 EC 1 states that unfavorable regulations should not be retroactive. Art. 2.2 CP 2 states that criminal laws
Read MoreUnderstanding General Principles of Law: An Analysis
The General Principles of Law
The law, as formulated in laws or customs, includes certain rules that, without relying on the authority of the state or the interests of a particular social force, possess a normative force considered the most effective foundation for laws and customs. Classical Greece recognized the existence of an unwritten law derived from equity and tradition, thus acknowledging principles and customary law based on jus naturalist. Aristotle referred to these principles when speaking
Read MoreUnderstanding Labor Strikes: Rights, Procedures, and Effects
Understanding Labor Strikes
Strike: A collective suspension of work or activity that affects the normal functioning of the production process (e.g., tortoise operation) by workers in a labor dispute. (494 LOT and 175 RLOT)
Subjects: Exerted by trade unions or coalition workers (176 RLOT)
Purpose:
- To amend or stop taking action regarding working conditions.
- To conclude a collective agreement.
- To comply with the collective agreement agreed upon.
Effects:
- Irremovability: Workers cannot be dismissed, transferred,
Payment Methods: Cash, Credit, Checks, and More
Payment Methods
Cash Payment
With cash payment, obligations under the contract “delivery of the thing and the price” are met simultaneously. The seller can dispose of their money from the moment of collection.
Deferred Payment
Deferred payment means the seller delivers the goods, but the buyer’s obligation is not met immediately. Payment takes place within a period set by the contractors. The deferral can be short-term or long-term, with or without interest:
Short-Term Payments
- The debt is split evenly
Sources of European Union Law and Spanish Constitution Reform
Sources of Primary European Union Law
Regulations
General legal provisions that are binding and directly applicable in all Member States without needing national implementation laws.
Features:
- General Scope: Regulations apply to abstract categories of persons, not specific, identifiable recipients.
- Binding: They are mandatory in their entirety across the EU.
- Direct Applicability: They automatically become part of national law without intervention by Member States.
- They function similarly to laws within
Filiation, Adoption, and Guardianship in Spanish Law
Item 23: Filiation and Parental Authority
Filiation (Descent)
Definition: Filiation is the legal determination of parentage, establishing the relationship between parents and their children.
Types of Filiation
- By Nature: Based on a biological (blood) bond.
- By Adoption: Established through a legal process.
Biological Filiation
- Matrimonial Biological Filiation: Occurs when the parents are married to each other at the time of the child’s birth.
- Non-Matrimonial Biological Filiation: Occurs when the parents