Understanding Civil Procedure: Applications, Process, and Jurisdiction
Types of Legal Applications
Procedural Applications
An application directed to the process is therefore governed by procedural law, which dictates the sequence of acts and the necessary steps. Examples include:
- Citation of the defendant
- Gathering evidence from case to case
- Pleading a skill
- Designating an audience
- Defining the return period
- Inclusion of witnesses
Substantive Applications
An application directed to the substance (or merits) aims to resolve the core dispute. The merit involves the assessment
Read MoreLegal Procedures for Seizure and Asset Liquidation
Administration of Seized Assets
Generally, the depositary is responsible for their administration, either temporarily or permanently. The depositary may only carry out administrative acts (maintenance, operation, and repair of the seized goods), and only exceptionally dispose of them, with prior judicial authorization, and only in the following cases:
- Movable assets subject to spoilage.
- Movable assets prone to rapid deterioration.
- Movable assets difficult or costly to store.
The depositary must make
Read MoreSpanish S.L. Company Formation and Key Features
Spanish Limited Liability Company (S.L.)
Regulated by CCL. Their origin dates back to the end of the nineteenth century.
Typical Features of an S.L.
- No minimum number of partners is required by Spanish law to incorporate an S.L.
- Their capital is divided into “participaciones” (instead of shares or “acciones”) and their members are called partners or “socios” (instead of shareholders or “accionistas”). (Article 1 CCL)
- The capital is composed of investments made by partners comprising goods
Constitutional Court: Structure, Powers, and Rulings
The Constitutional Court
Constitutional Justice: General Approach
- Constitutional jurisdiction is defined as the system that seeks to decide fairly, in accordance with fundamental law, through established procedures and special bodies, the enforcement, supervision, and application of constitutional legal norms.
- The origin of the Constitutional Court is often traced to the United States.
- In Europe, Kelsen’s theory is based on the idea of the legislative pyramid, under which the legal system is a coordinated
Union Representation in Spanish Companies
Enterprise Union Sections
Applicable Rules
A dual channel of representation exists. According to Article 8 of the LOLS (Organic Law on Trade Union Freedom), there is unitary representation (works council or staff representatives) and union representation (trade union branches).
Constitution
No specific prerequisites are set; constitution is usually defined by the union’s statutes. Only workers can be union members, not the union itself. Membership does not affect the number of representatives or members
Read MoreUnderstanding Worker Obligations and Employer Rights
Power directly. Obligations and duties obligate the worker to perform the work agreed under the direction of the employer. The duty of care and collaboration of work is marked by laws, collective agreements, and orders or instructions adopted by the employer. The employer has the right to take any action it deems appropriate for surveillance and monitoring to verify compliance by the employee with their obligations and work duties, keeping in consideration due to human dignity. The employer may
Read More