ISSN: 2310-2799
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546,196 artículos
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Año:
2020
ISSN:
2591-6386, 0075-7411
Cosola, Sebastian Justo
Facultad de Ciencias Juridicas y Sociales. Universidad Nacional de La Plata
Resumen
The present essay brings together the treatment of two essential stages of the practical development of notarial law, -totally distant in time-, giving them a similar treatment. On the one hand, the birth of notarial science, more than eight hundred years ago -as we know and accept it today- and on the other, the description of documentary law projected in the current Civil and Commercial Code of La Nación. It is also relevant to note how the notarial function has remained unscathed through the centuries, which clearly justifies the reception of classical and traditional institutions in the modern -and innovative- current Argentine codified law.
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Año:
2020
ISSN:
2591-6386, 0075-7411
Carrera, Cecilia Soledad
Facultad de Ciencias Juridicas y Sociales. Universidad Nacional de La Plata
Resumen
In 2015, the Argentine Civil and Commercial Code came into force. One of the challenges for judges is to assume the consecration of human rights as an explicit source of Civil and Commercial Law, and as a criterion for interpretation. This legal context illuminates a line of socio-legal investigation whose purpose is to investigate the state and the role of the judge to whom the new Code gives rise, as well as to know what is the margin of autonomy that he has to decide the trials, and what ideological values and principles and legal are the basis of their pronouncements. Taking into account the instrumental, political and symbolic judicial functions, and the civil and commercial code, the figure of the judge and the delicate and necessary role they play will be considered.
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Año:
2020
ISSN:
2591-6386, 0075-7411
Amaya, Jorge Alejandro
Facultad de Ciencias Juridicas y Sociales. Universidad Nacional de La Plata
Resumen
This paper analyzes the relationship between the theory of contra-limits originated in italian law and the constitutional identity of countries, in the jurisprudence of the Italian Constitutional Court and the Supreme Court of the Argentine Republic. The author classifies the theory of contra-limitations into internal and external. The internal ones are linked to express and intrinsic limits to the reforming power; the external ones with limitations to the internal application of the decisions of the international tribunals. Both limitations are identified and analyzed in the recent jurisprudence of the Argentina Supreme Court, asking about the future and the extension of this theory.
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Año:
2020
ISSN:
2591-6386, 0075-7411
Masci, Belen
Facultad de Ciencias Juridicas y Sociales. Universidad Nacional de La Plata
Resumen
The veneration of the dead underlies the mysteries of the soul, and whether we try to find it in fear of death or in the justification of life, the truth is that throughout history man has kept in all times a sacred respect for the memory of their dead. However, the legal nature of the Burial Law that individuals have, whether in public or private cemeteries, has always been the subject of fierce debate and it will emerge whether they may or may not be subject to acquisitive prescription. Issues that we will try to clarify here, trying, finally giving our opinion not only from the exegetical point of view, but also according to our current values and principles.
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Año:
2020
ISSN:
2591-6386, 0075-7411
Flores, Álvaro Bautista
Facultad de Ciencias Juridicas y Sociales. Universidad Nacional de La Plata
Resumen
The treatment of expropriation compensation stands as one of the main aspects to consider when analyzing expropriation, because, in the face of the exercise of inalienable competence held by the State - exercised through the corresponding Legislative body - that represents erects as the main guarantee to protect the property rights of the inhabitants, which is sacrificed for the sake of achieving the common good. For this reason, its scope and extension appear as transcendental elements to examine the legitimacy of state expropriation powers.
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Año:
2020
ISSN:
2591-6386, 0075-7411
de la Vega, Candela; Ciuffolini, María Alejandra
Facultad de Ciencias Juridicas y Sociales. Universidad Nacional de La Plata
Resumen
Located from the preoccupation about neoliberal governmentality, this article starts from the question of how we are governed, through which processes and relationships government becomes possible. Based on the results of previous studies, we intend to articulate an answer to this question, from the current coordinates of our unequal Latin American societies. Thus, we maintain that the current forms of government give rise to what Lorey already called a State of Insecurity –which is based on a field of individual appropriation of benefits and socialization of damages to create a scenario of production and management of precariousness. But like the polycephalous Hydra of Lerna in Greek mythology, that State of Insecurity has as its second head a Vigilant State –which deploys an increasingly dense surveillance of public space and more and more precise control over the movements of individuals, what that delimits new coordinates for the common or the collective.
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Año:
2020
ISSN:
2591-6386, 0075-7411
Goñi, María Josefina
Facultad de Ciencias Juridicas y Sociales. Universidad Nacional de La Plata
Resumen
In this paper, the problem of tax limitations encountered by Argentine municipalities is addressed, which, in accordance with the 123 Article of the National Constitution, amended in 1994, they are autonomous. In the aforementioned context, the possibility that municipalities exercise tax power is evaluated. The topic is also considered in the Province of Buenos Aires. In the mentioned province, although the municipal regime has not been reformed in the constitutional reform carried out in 1994, the municipalities have economic-financial autonomy and the difficulty is in relation to the application of the regulations. Regarding the methodology used, the comparative analytical method of different Argentine provincial constitutions is used with respect to the application of federal fiscal policies related to the municipalities. Likewise, the rational deductive and historical method is used to analyze the changes produced in the evolution of our federalism.
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Año:
2020
ISSN:
2591-6386, 0075-7411
Di Giulio, Gabriel
Facultad de Ciencias Juridicas y Sociales. Universidad Nacional de La Plata
Resumen
The trial, as a previous process, is a constitutional requirement (art.18, Argentine National Constitution) and it is not limited to the verification of a legal process. The adjective "previous" states that the conviction must be the direct consequence of the trial. This is the first essential condition for ensuring due process of law. The second condition finds its source in International Human Rights Law (arts. 8.2.h of the American Convention on Human Rights and 14.5 of the International Covenant on Civil and Political Rights) and is referred to as double jeopardy. Both conditions develop in a coherent and harmonious way with the following implication: It's not allowed to condemn in the recursive phase, overturning the acquittal, without violating the guarantee of the due process.
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Año:
2020
ISSN:
2591-6386, 0075-7411
Determination of filiation and inheritance rights of posthumous assisted human reproduction in Spain
Santolaria Baig, Irene; Ramón Fernández, Francisca
Facultad de Ciencias Juridicas y Sociales. Universidad Nacional de La Plata
Resumen
Post-mortem fertilization is an assisted reproduction technique that allows a woman to give birth to a child after the death of the male. Its regulation is set out in the law of 1988, but there are numerous legal gaps, since it does not specify or specify certain aspects such as the provision of male consent, the determination of filiation and conflicts in relation to inheritance rights. The purpose of this study is to provide an overview of the legal regulation of the technique, with an impact on the determination of filiation and inheritance rights for this case, while possible solutions to conflicts will be mentioned.
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Año:
2020
ISSN:
2591-6386, 0075-7411
Villalba, Jorge Fabián
Facultad de Ciencias Juridicas y Sociales. Universidad Nacional de La Plata
Resumen
My current transition to a PhD in Education, with the theme: "Artificial intelligence applied to the systematization of pedagogical experiences for the strengthening of collective work"; leads me to approach the issue for this occasion, but from other disciplinary approaches, such as the vision of the Philosophy of Law, Ethics and Politics. Even though Argentina is still in what we could call an evangelizing stage of these topics, there are already many expressions of the thought of people with intellectual prestige that refer to Artificial Intelligence (AI) as "something" that is already among us, generating a great technological revolution with diverse manifestations such as the suppression of certain professions as we know them today; change of work methods; of forensic practices and other practices. And it is this "something" that we must try to define, delimit and above all measure quantitatively in terms of morality.
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