Moonlighting, is a concept that applies to the case that a person performs, in more than one paid job on behalf of third parties, in the same period of time, for different employers, being included in the same Social Security regime, which grants protection by the State, to the worker and his family against contingencies of a social nature, for which they must make contributions.
This crime is contemplated in the Spanish Penal Code, in its article 298, which punishes the willful conduct of someone who, for profit, helps those who have committed a crime against property, or the socioeconomic order, to take advantage of its effects, or acquire such things or hide them.
National pensions in Argentina must be updated in terms of the amount of assets, to maintain the income of the passive class, within certain parameters that equate them to inflation, although this does not happen in practice and various mechanisms were used for this, unsuccessfully, over time.
Roman society, from the beginning of its history, established a social stratification, which was varying in its conformation; but that remained inexorably. The traditional difference was between patricians and plebeians, which was established from the very creation of the Roman State, being the patricians, descendants of the "
The amnesty implies a legislative act that erases the crime, and, therefore, the criminal responsibility of its authors. For amnesty to occur, there must be a law, which may have retroactive effect, that eliminates criminal responsibility for certain acts committed, which, in general, have been carried out for political purposes, against the government in power.
Expropriate, implies that the State, prior compensation, and with the existence of a law that authorizes it, in order to the social function of property rights, coercively seizes a private good and transfers it into the hands of the State. Rules of an administrative nature are involved, when the State and Constitutional Law intervene.
The hereditary collation is a legal remedy that favors forced heirs, safeguarding their Legitimate portion, if it has been reduced by donations made during life by the deceased, to another or others, forced heirs. With collation, it is pursued that those who received property free of charge during the life of the deceased, and attend the inheritance with other forced heirs, contribute them to the estate, considering that these assets have been an advance of the inheritance,
A criminal proceeding follows a path destined to reach a sentence, where it will be determined whether the person accused of a crime is guilty or innocent. There is a first stage called summary or instruction, where the evidence is collected in order to determine if the act existed, if there are sufficient reasons to consider the accused as the perpetrator and if the statute of limitations has not passed Of action.
Ulpiano was an outstanding Roman jurist, originally from Phoenicia, who lived between the 2nd and 3rd centuries, during the imperial stage of Rome, displaying his greatest activity during the government of Emperor Caracalla. His precepts, loaded with moral content, were also applied to his personal life, which did not make his existence easy, but on the contrary, very complicated.
The summary stage, or investigation, in criminal proceedings, precedes the oral trial, in the case of an investigative instance, given the alleged existence of an illegal act and possible perpetrators. Differs the way according to the procedural norms, of how the summary is instructed;
All rules regulate conduct. They tell us what is possible or necessary to do, or not do, in certain circumstances. These rules are necessary to achieve a harmonious social coexistence. There are different types of rules depending on the source from which they arise (who created them) and the consequences they entail.
It is a de facto or factual union, by which a man and a woman live together without being legally married, that is, without constituting a legal or de jure union (in some countries it is a de jure union, and in Argentina the new Civil Code contemplates it as such) as marriage is.
When we speak of the existence of subjective rights, recognized by objective law, we refer to the powers of acting of people within the scope of their personal freedom, with the sole limit of conduct prohibited by law, for injuring the rights of third parties, or collective morality.
The great traditional division of law distinguishes between Public Law and Private Law, known since ancient Roman Law. According to the definition of Ulpiano, contained in the Digest of Justinian, Public Law refers to "the state of public affairs in Rome"
Within the legal acts, with which they share all their characteristics for being a kind of them (they are voluntary, of a legal nature, and their purpose is to create, modify or extinguish rights) the commercial acts, add certain particularities that make them such:
Every event or event, whether produced by nature or by man, are facts. In the first case they will be natural events (the rain, the earthquake, the eclipse), in the second, they will be human events (painting a house, taking a means of transport, driving a car).
The recognition of human rights as natural rights of man, was an arduous conquest of humanity, and was achieved after the French Revolution of 1789. Until then, it was the ruler who decided on the rights of people, who had to passively accept their demands, whether they were fair or not.
As we said when we talked about the types of norms, legal norms, that is, those written rules, dictated by the state through its legislative bodies, should take into account the ethical norms, that is, those values, which the universal consciousness considers desirable.
Together with people, both natural and legal, there are some attributions or properties that are linked to their nature or essence, in such a way that they are inseparable from it, being both rights and duties, since although they can enjoy its benefits, these are inalienable.
Luis Jiménez de Asúa (1889-1970), an opponent of the Franco regime, who therefore had to go into exile in Argentina, distinguishes political crimes from common or atavistic ones, classifying them, in turn, in political crimes in the strict sense (executed to change the form of government and create a new one);
When we talk about sources of law, we refer to all those rules that make up the regulatory framework, which impose positive or negative conduct (to do or not to do) to the inhabitants of a state. In other words, to that from which the Law arises or is born.
Chapter XIII of the Argentine Penal Code, en titled Concealment and Laundering of Assets of Criminal Origin (name given by law 25246/00) is located within Title XI: Crimes against the Public Administration. The commission of the crime of concealment supposes the previous commission of another crime.
The criminal action is the one that invokes the jurisdiction, putting into operation the organisms of the state power destined to judge the concrete cases by virtue of the application of the norms (criminal judges) exercised against the presumed author of a crime, with punitive intent.
It was known in Roman Law as "bonorum possessio" to the legal means that the praetor granted through the edict, to certain relatives, upon their request, to take possession of hereditary assets, without considering them heirs. These people had been excluded from the inheritance by the strict application of the archaic civil law that was contrary to equity, since it left the emancipated sons, the married daughters, without enjoying their father's assets "
The property right is being reformulated in current times, seeing it with a function not only of particular interest and defense of its owner as it was conceived by the liberalism that motivated the French Revolution, but also in its social function or community interest.
The objective or material Criminal Law establishes observable rules of conduct, which it typifies as crimes and to which it assigns a sanction. For example, "whoever kills will receive from 8 to 25 years in prison." Once the punishable act has occurred, then the Criminal Procedural Law intervenes, with its secondary norms of the materials, so that what is established in the precept of the objective law can be fulfilled in practice.
It was one of the private crimes known to the Romans. The others were: robbery, wrongfully caused damage, and insult. The furtum consisted of the illegitimate seizure of someone else's movable thing, without the consent of its owner, in order to obtain a pecuniary advantage with its use and possession (animus lucrandi).
According to what Justinian teaches us in the Digest (D.9.2.1.1) the lex Aquilia was actually a plebiscite that was voted on the proposal of the tribune Aquilio, around the third century BC, and that came to fill the existing legal vacuum with respect to unfairly caused damage, a civil offense that the Romans called "
This principle, applicable to public officials, requires them to be honest and loyal when performing their duties. It is a postulate, which is considered obvious, but in practice it is very difficult to verify compliance, seeing examples to the contrary on a daily basis, proliferating corrupt officials.
Teachers, like any person in the exercise of a function in which they have people in charge, have responsibility, that is, they must answer for their actions or omissions, when they cause damage. The liability that arises may be criminal when those actions or omissions typify (effectively correspond to) a crime or misdemeanor, and may also, or only if the conduct does not constitute a misdemeanor or crime, be civil, when compensable damage is generated.
The Ministry of Labor, Employment and Social Security of the Argentine Nation fulfills important functions with respect to individual and collective labor relations. In the individual, it controls compliance with labor, legal and conventional standards through the National Inspection Service, with preventive, educational and repressive functions, which it exercises with ample freedom and may require the collaboration of the force public;
Administrative Labor Law is the set of regulations governing labor activity emanating from the Executive Branch, which acts as custodian of rights and mediates in labor conflicts, in the exercise of its police power, complementing the judicial function, being their decisions in case of ignorance of subjective rights, reviewable by justice, to ensure compliance with labor standards.
Deforestation in Argentina is a very worrying issue, being in a forestry emergency. Native forests have been lost by 70%. At the end of November 2007, Law 26,331 on Minimum Budgets for Environmental Protection of Native Forests was approved, which was only regulated in February 2009, under pressure from environmental organizations and after the avalanche occurred of Tartagal, where the clearing had a lot to do with the tragedy.
It is the set of legal norms that regulate air navigation, both as passenger transport, for tourist purposes, as well as for commercial or military purposes, and the use of airspace by the various states, in the exercise of their sovereignty over that airspace, which is over its territory, according to international agreements (Paris Convention of 1919, and Chicago of 1944).
The agricultural company is that organized entity, which uses the productive factors (natural resources, capital and work) and technology, to create goods and services, maximizing profits, referring to agricultural and related activities, in a process productive economic, have high, low or no yield, as in the case of subsistence agriculture, requiring professionalism and responsibility (taking charge of the risks).
The agricultural labor contract is regulated in the Argentine Republic by Law 22,248 and its regulatory decree bearing number 563, applicable to contracts entered into within the country, and to those entered into abroad, but executed in Argentina, in terms of its validity, and the rights and obligations of the parties.
Although the concept and delimitation of the field of agrarian contracts is discussed in doctrine; Following Fernando Brebbia, who in turn is based on the Italian Code of 1942, we can say that agrarian contracts are those whose purpose is to set up an agrarian company and regulate it functionally, and those that are entered into by an agrarian businessman to serve the operation of your business already running.
The forest area is a real right incorporated into the enumeration formulated in article 2503 of the Argentine Civil Code, as of the year 2001, since Vélez did not consider it expressly in the exhaustive enumeration that he made, explaining his reasons in the note to that article.
Leonine contracts are those where one party abuses the others, seriously harming them. The name comes from a fable by Aesop, which relates that the lion with the cow, the goat and the sheep were associated to hunt together, but once a deer was obtained as prey, the lion kept all the portions, arguing, that he was strong, powerful and that, if he did not accept his conditions, he would devour them.
Since the end of the Middle Ages and with the growth of urban life, commercial activity spread in the West and laws specifically regulating the subject were born. In Argentina, the Commercial Code and special laws on the matter had that purpose, until Law 26,994, effective as of mid-2015, unified the Civil and Commercial Codes, treating both fields jointly, without allocating any title or chapter to deal with commercial issues separately, although many commercial laws, not spec