151 hasil
Menampilkan 1–20 · 0,48 detik · RSS
Revista Facultad de Jurisprudencia
ISSN 2588-0837 · Pontificia Universidad Católica del Ecuador · 151 artikel di indeks
-
Artikel Jurnal
The Italian Law of Obligations from the Civil Code of 1942 to today profiles of an evolution
This article examines the category of obligations and its evolution from the Italian civil code of 1942 to the present day. It mainly focuses on the figure of the non-performance obligation due to its theoretical and practical relevance. He then tackles the currently debated topic of recoding.
-
Artikel Jurnal
Reflections on ethnic inequality, recognition, distributive justice and participation in Latin America
The normative framework proposed by Nancy Fraser integrates the politics of redistribution and the recognition of difference. This framework of social justice allows us to analyse social agreements and their institutions to determine to what extent they can guarantee parity in participation, given…
-
Artikel Jurnal
The imprevision in the reformed Civil Code
The research, based on the examination of the traditional orientation established in the Canal de Craponne arrêt, traces the evolution of the French system concerning the institution of imprévision. We know, art. 1195 of the reformed civil code, highlighting critical issues especially regarding…
-
Artikel Jurnal
Derecho Constitucional y Economía
El derecho constitucional y la economía plantean preguntas como: “¿Cuál es el alcance del poder del Congreso de los Estados Unidos para regular el comercio?”; “¿Cuánta autoridad legislativa se puede delegar a los adminis tradores?”; y “¿Cuándo debería ocurrir un cambio constitucional a través de…
-
Artikel Jurnal
Human Rights and Gender Perspective
Talking about the idea of gender equity throughout history is very complex because this concept only began to emerge in the mid-1970s as a response to the asymmetry and inequality existing between men and women according to their sex. However, to investigate the origin of this idea, we can note the…
-
Artikel Jurnal
The importance of proportionality in penalties in the Ecuadorian Penal Code for violence against women and family members
Violence against women or members of the family is an act that affects society in every corner of the world, because it destroys the family in many ways, such as morally, physically, psychologically, and even intellectually, as in the case of children or adolescents who are underachieving at…
-
Artikel Jurnal
Conflicts of application of the Organic Administrative Code in Ecuadorian Competition Law
La entrada en vigor del Código Orgánico Administrativo ocasionó una diversidad de interpretaciones respecto de la aplicabilidad de sus disposiciones a los procedimientos de investigación y sanción a cargo de la Superintendencia de Control del Poder de Mercado. Varias disposiciones de este cuerpo…
-
Artikel Jurnal
Progressivity of marriage, history and new paradigms in Family Law
Traditionally, the family model established in the Ecuadorian state was built on the fusion between Roman marriage and canon law, rooted in this concept since 1563, through the Council of Trent, which imposed the obligation to formalize the relationship between man and woman before the…
-
Artikel Jurnal
At the eye of the pandemic hurricane: What have we learned about the control of the public administration in Brazil?
The scope of this essay is to analyze some decisions of the Brazilian federal administration concerning actions to minimize the current pandemic of COVID-19 to understand to which extent such discretionary decisions could be subject to a judicial review.
-
Artikel Jurnal
Recovery of Archaeological Property from the Perspective of the Venezuelan Legal System: The Case of the Kueka Abuela Sacred Stone
This paper develops the idea that the donation made by Héctor Hernández Mujica to Germany, in his capacity as president of INPARQUES in 1998, violated several legal provisions in force nationally and internationally, which protect the Canaima National Park, a UNESCO Natural World Heritage Site…
-
Artikel Jurnal
Equal protection for differentiated con sumers: The paradox of Heterogeneity in Consumer Law
Consumers have different preferences, needs and limitations. Despite this unquestionable fact, consumer protection systems tend to bet blindly on egalitarian protection schemes. Even more seriously, many egalitarian schemes operate as mandatory schemes. In this work, it is argued that such schemes…
-
Artikel Jurnal
Bankruptcy of creditors for breach of obligations
This article analyzes the state of insolvency or bankruptcy that may be incurred by those who default or fear default on their obligations. This breach is the source of a new legal situation and an economic and patrimonial state of the debtor, which is declared judicially to organize its creditors…
-
Artikel Jurnal
Notes regarding transparency in the exercise of public functions and the right of accessto public information
The objective of this paper is to present a series of elements that allow a conceptual and theoretical approach to be carried out on the principle of transparency as a guideline for the exercise of public function within the framework of a democratic system and the right of access to public…
-
Artikel Jurnal
Social security for unpaid domestic workers: Death benefits, relevant protection in the pandemic
This article analyzes the current protection of unpaid domestic workers through social security. The Organic Law for Labor Justice and Acknowledgement of Unpaid Domestic Work has included unpaid domestic workers in social security, thus assuring them financial protection against old-age…
-
Artikel Jurnal
When conceptual autonomy leads to in the (autonomous) absence: Where is moral damage going? A revision of Italian case law
The starting point of this brief itinerary within the jurisprudence of legitimacy is constituted by the famous sentences of San Martino, pronounced by the United Sections in November 2008, a true and proper crucial moment concerning the subject matter of attention. If this is the starting point, it…
-
Artikel Jurnal
Self-Defence against Non-State Actors: Possibility or reality?
The United Nations Charter has enshrined the general prohibition of the use of force as well as the exception to it through the inherent right of States to defend themself if an armed attack occurs under article 51. However, the proliferation of non-State actors and the response given by States to…
-
Artikel Jurnal
“Constitutional” public policy making in context: the peruvian experience
In this article the authors will identify how the reform of the “new” Peruvian Constitution policy was implemented, with particular emphasis on the influence of the Constitutional Court of Peru. At last, using the theory of public choice, we will present three cases that allow them to conclude that…
-
Artikel Jurnal
Preventive detention in flagrante delicto in the Metropolitan District of Quito during the second half of 2019
Precautionary measures are mechanisms of criminal procedural assurance established by the State in order to protect the rights of the victim and the effectiveness of the process. They imply strict respect for principles and normative parameters because they constitute restrictions on the rights of…
-
Artikel Jurnal
Growth and Institutions in Latin American Countries: An Experimental Review for the XXI Century
Institutions have been widely studied as triggers of economic growth. Latin American countries in the XXI century have shown an increment in State interventionism; nevertheless, the region exhibited an average annual growth rate around 3.31 percent in the first seventeen years. This research is…