ISSN: 2310-2799
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546,196 artículos
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Año:
2023
ISSN:
1390-8014, 2631-2573
Borja, Carolina
Universidad San Francisco de Quito USFQ
Resumen
The use of photographs that contain copyrighted objects that have been digitally manipulated and published on digital networks may constitute a copyright infringement. This essay carried out an analysis of the parameters and limits that must be taken into consideration to determine an infringement of copyright due to the usage and modification of copyrighted works in photographs published in the digital world under Ecuadorian law. The deductive methodology and the descriptive legal dogmatics were used to achieve this objective. It was concluded that the use of copyrighted dolls that have been digitally modified through graphic design software programs and reproduced in photographs posted on social media, does not constitute copyright infringement under national law.
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Año:
2023
ISSN:
1390-8014, 2631-2573
Bajaña Tovar, Fernando Stalin
Universidad San Francisco de Quito USFQ
Resumen
This article proposes a way to analyze the principle of non-refoulement through three properties: informality, interdependence, and interaction scheme between two spaces. Then, the normative content of each of these properties and their efects on the quali#cation of people with the quality of refugees, and the operation and protective spectrum of this principle will be studied. Finally, the constitutional sentence No. 983-18-JP/21 will be reviewed and the rereading that said ruling has caused on the principle of non-refoulement of binding jurisprudence, particularly with the creation of the #gure of improper expulsion, which extends to the protection principle in reference to nationals and violations that do not necessarily imply an expulsion or non-admission.
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Año:
2023
ISSN:
1390-8014, 2631-2573
Lobato Castro, Sophia
Universidad San Francisco de Quito USFQ
Resumen
This paper developed the debate of the validity of restrictive liability clauses in the Ecuadorian legal system. Therefore, two positions were analyzed: the first one holds that the clauses are invalid because it is considered that agreeing on them within the contractual sphere constitutes a waiver of the right of action and encourages the debtor's negligence. The second one allows their agreement if it doesn’t violate the general and special limits to the autonomy of the will. To establish which thesis should be applied in the Ecuadorian legal system, comparative doctrine and jurisprudence were studied based on the legal regulations. Hence, it was established that the restrictive liability clauses are valid. The essay concludes that such clauses don’t constitute a waiver of the right of action, since their covenant is prior to the existence of this right, which is born with the breach.
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Año:
2023
ISSN:
1390-8014, 2631-2573
Castro Zurita, Felipe; Moncayo Racines, María Paula; Ontaneda Castillo, Jean Carlo
Universidad San Francisco de Quito USFQ
Resumen
The present paper studies the concept of the lex artis or rules of the professional practice and its relevance and application in civil liability. Within non-contractual civil liability, it is explored whether the condition of a professional and their knowledge of science are relevant to establish the unlawfulness of a conduct when damage is generated during the exercise of a certain profession. In contractual liability, it is observed whether the lex artis is relevant in terms of culpability in the breach of an obligation, based on each of the culpability standards: serious guilt, slight guilt, or very slight guilt, depending on whether the contract is bilateral or unilateral and who receives a benefit from it.
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Año:
2023
ISSN:
1390-8014, 2631-2573
Ortiz Arias, Kevin Damian
Universidad San Francisco de Quito USFQ
Resumen
In 2021, the peer review on Competition Law and Policy in Ecuador carried out by the Organization for Economic Cooperation and Development (OECD) together with the Inter-American Development Bank (IDB) was published. One of the conclusions reached by the report is that digital markets present competition authorities with a new set of challenges. This article provides an approach to such challenges. To do this, it revisits the concepts of market definition and abuse of a dominant position in light of current competition law. Likewise, it offers recommendations on the particularities that the Ecuadorian competition agency should consider when defining digital markets. Finally, it studies the main types of abuse that can take place in this kind of economies.
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Año:
2023
ISSN:
1390-8014, 2631-2573
Sáenz Proaño, Nicole
Universidad San Francisco de Quito USFQ
Resumen
The present dissertation seeks to assess under what circumstances metatagging practices can be deemed unfair trade practices. We will thus analyze the types of unfair trade practices that have been closely related to metatagging, such as deceitful practices. We will also consider if metatagging can be considered an unlawful trade practice under the general provision set forth in Article 25 of the Ecuadorian Competition Act. This article aims to provide guidance to the authorities in the assessment of whether metatagging can be considered an unfair trade practice, in addition to being a contribution to the development of undertakings to design their advertising strategies without infringing Unfair Competition regulations, principles and parameters.
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Año:
2023
ISSN:
2362-5031
Valeo, Anabella
Facultad de Humanidades, Universidad Nacional de Mar del Plata
Resumen
Reseña de la obra teatral marplatense "Mucho bardo y pocas nueces", que se presentó en la temporada 2023 en la sala Roberto J. Payró del complejo Auditorium, bajo la dirección de Leo Rizzi.
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Año:
2023
ISSN:
2362-5031
Pérez Calarco, Martín
Facultad de Humanidades, Universidad Nacional de Mar del Plata
Resumen
Reseña crítica sobre las funciones de Olvidate del matadero realizadas en Mar del Plata
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Año:
2023
ISSN:
2389-8194, 2389-8186
Soriano Zuasnabar, Joscelyn Liz; Quiñonez Carrión, Esmeralda Claudia; Verde Fasil, Paddy Reiza; Vicente Ramos, Wagner; Soto Jáuregui, Luis Cristian
Sabaneta: Fundación Universitaria Ceipa, 2014-
Resumen
Objective. To assess the impact of teleworking resulting from the health emergency caused by the COVID-19 pandemic on work fatigue experienced by university professors. Methodology. The research is set in a trans-sectional time frame and follows a quantitative methodology approach with a correlational scope and a non-experimental design. Data were collected through a questionnaire relating to teleworking and work fatigue variables and applied to a sample of 427 professors from higher education institutions in Chile, Colombia, Peru, and Ecuador. Results. The findings revealed that technical and material conditions influence the three dimensions of professor fatigue. Working with students only influences personal achievement, while work-life balance impacts emotional fatigue and personal achievement. Conclusions. Teleworking conditions adopted as a result of the contingency of the COVID-19 pandemic have partially contributed to reducing work fatigue in university professors.
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Año:
2023
ISSN:
2389-8194, 2389-8186
Millán García, Carlos Hugo; Sánchez Valdés, Arlén; Icaza Castro, Gloria Georgina; García Pérez, Ámbar Astrid
Sabaneta: Fundación Universitaria Ceipa, 2014-
Resumen
Objective. To conduct an analysis from social feminism theory on three artisan groups composed of and led by women from the State of Querétaro (Mexico), which are considered successful in addition to preserving their artisan identity and responding to market demands. Methodology. The research adopts a qualitative approach, a phenomenological design, and a descriptive scope. Three artisan groups with the defined profile were selected and assessed through semi-structured interviews. Results. Evidence suggests goals are weighed differently by the aforementioned groups in comparison with other types of organizations as their feminine qualities and roles stand out in their respective tasks. Conclusions. These groups’ self-conception and success are confirmed in line with social feminism theory. This reflects the balance between economic goals and the quality of life ofits members, without overlooking social impact in the community and product value, which are combined with the competitive market demand.
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