Television format and protection of its owner

Idea vs. Format.

Ideas can often be confused with the works that develop them.

In our legal system, ideas are free, in such a way that they are not susceptible to appropriation, which would be a limit to creativity.

In relation to television formats, an audiovisual project idea, even if it is novel, and even if it is written, does not always constitute an audiovisual format.

Increasing my business productivity over time (II)

Burnout syndrome, work exhaustion.

Today the World Health Organization has already recognized work-related stress as one of the main problems both for the health of workers and for the good functioning of the entities for which they work. What is work-related stress? What does work-related stress consist of? . Work stress is defined by the WHO as the reaction […]

Do I have to pay alimony in a shared custody?

Is it possible to compel the payment of alimony in a divorce case with shared custody?

The answer is yes.

The agreement of a shared custody does not imply that the payment of alimony is not necessary, since it is one of the main obligations of the parents and a right of the minor children, protected by our legal system.

What is included in the alimony?

Article 142 of the Civil Code understands the obligation of alimony as everything indispensable for sustenance, room, clothing and medical assistance. It is, therefore, a right of the children to receive what is necessary to cover their needs related to food, housing, clothing and medical assistance, as well as all the expenses related to their education (school, extracurricular activities, etc.) while they are minors. Likewise, it also corresponds to children of legal age when they have not completed their education for a reason not attributable to them.

How is it calculated?

On the other hand, Article 143 establishes the obligation of both parents to provide alimony to their children. Regarding the amount to be paid as alimony, Article 146 establishes that the amount will be proportionate to the wealth or means of the giver and the needs of the recipient and will be established in the divorce settlement agreement or in the court decision. The amount will depend on factors such as, among others:

The number of children.
The needs of the children.
Economic income of the parent who must pay it and the needs of the one who must receive it.
Place of residence of the minor children.

The alimony will be reduced or increased according to the increase or decrease suffered by the needs of the provider and the fortune of the one who would have to satisfy them.

Compulsory nature of its payment

The Supreme Court, in its judgment 55/2016, of February 11, determined the obligation of the parent to pay alimony to the mother for the children of both and over whom they shared custody, due to the fact that the parent was unemployed, thus pursuing the High Court to avoid a situation of disproportionality when the children were with one or the other parent.

In any case, it is clear that divorce does not exempt the parents from their obligations towards the children (article 92.1 CC) and that it is an unrenounceable obligation: any agreement to the contrary is null and void. It will be the Judge who, in any case, determines the contribution to be paid by each parent and adopts the convenient measures to assure the effectiveness and accommodation of the benefits to the economic circumstances and needs of the children. The Judge will be able to extend the obligation to the children of legal age when they lack own income not being economically independent, and they cohabit in the family domicile.

Failure to pay the alimony established in the judicially approved agreement or in the judicial resolution during two consecutive months or four non-consecutive months can suppose a crime, typified in our legal system and that can be punished with the penalty of prison from three months to one year or a fine from six to 24 months.

No-deal Brexit: what are the consequences?

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How to avoid an Internet scam?

Scams on the Internet are an issue we need to be aware of and European regulations are here to stay. Durante el año pasado hicimos mención en este blog de las características de la nueva normativa europea sobre servicios de pago, también conocida como PSD2, así como que el cambio en las pautas […]

Lawyou, the independent lawyers’ office

«We want to be the big law firm for independent lawyers».
We publish the interview to Lawyou CEO Ignacio Martínez Fonseca in lexgoapp.com on December 17, 2019.

Contest results of national police examination

IMPUGNATION OF THE SPELLING TEST RESULTS IN THE SELECTIVE PROCESS OF OPPOSITION TO NATIONAL POLICE BASIC STAGE . PROBLEM STATEMENT By Resolution of May 30, 2019, of the DGP the competition for admission of 2506 persons to the Basic Scale, category of Police, of the National Police Corps was convened. According to the bases of […]

Who pays the mortgage in divorce

Who is responsible for the mortgage in case of divorce? . The contribution to the «burdens of marriage» . After separation or divorce, the obligation is imposed on the former spouses to regulate, in the regulating agreement, the contribution to the burdens of marriage and alimony, as well as their basis for updating and guarantees […]

ERTE for a company

What does the ERTE achieve?
The pandemic seems to be sufficiently widespread to require extraordinary containment measures in order to guarantee the company and employment in the aftermath of the pandemic. That said, a company can take, in the event of a health alert situation, a series of measures to mitigate the consequences of these exceptional cases.

We do not intend to alarm or cause fear with the spread of the Covid-19 virus, but to follow the indications published by the Ministry of Labor in the «Guide for action in the workplace in relation to the new Coronavirus».

The first forecasts indicate that, if the crisis continues, 10% of the small and medium-sized companies surveyed – 1,088 in total – are planning to resort to Temporary Layoffs, while 15% are considering the possibility of initiating partial stoppages of activity. This is a situation that could easily be reached, since 35% of this type of companies are registering a drop in sales or cancellation of bookings of between 10 and 15%.

It is necessary to differentiate the figure and separate it from the general approach of an ERE, or an ERTE, as a process generated only by adverse economic situations, of crisis, recession or accumulated drop in income. However, this can also be triggered by exceptional situations of force majeure:

Direct epidemiological causes, which generate a situation of absenteeism that makes the continuity of the service provided, or of production, impossible.
Due to the shortage or total lack of supply of elements or resources necessary for the development of the business activity as a consequence of the coronavirus affecting supplier or supplying companies.
Due to a decrease in the demand, the impossibility of rendering the services that constitute its object or an excess or accumulation of manufactured products, as a consequence of the decrease of the activity on the part of client companies.
What is an ERTE?

It is an Expedient of temporary regulation of employment) enables us to:

Suspend several work contracts for a determined period of time.
Or reduce for a period of time the working hours of some workers.

With it your companies will be able to reduce part of the loads in the period of inactivity. If we imagine an average wage cost of 2,000 € in a month of partial stoppages on half of a workforce of 16 workers, we will have:

2,000 € x 8 workers x 30 days = 16,000 € less burden to maintain the company and employment after the period of inactivity.

In addition, in order that this situation does not leave the workers unprotected, the Social Security and the Ministry of Labor have foreseen that there will be no consumption of unemployment during this period of suspension due to the causes derived from the Coronavirus.

The ERTE measure is regulated by the regulation of the procedures of collective dismissal, suspension of contracts and reduction of working hours, which establishes a procedure whose cause has to be established by the Labor Authority and after a report from the Labor Inspection, and any additional reports considered essential.

How to create an organization in 2020

Let’s see in this post how to create a foundation in 2020. What is the purpose of creating one, and what advantages does it have. Regulatory framework for foundations . The Article 34 of the Spanish Constitution recognizes the right of foundation for purposes of general interest in accordance with the law, provided that they […]