ISSN: 2310-2799
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546,196 artículos
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Año:
2019
ISSN:
0718-4735, 0718-0853
Gatica Rodríguez, María Paz; Hernández Paulsen, Gabriel
Universidad de Chile. Facultad de Derecho
Resumen
In order to provide adequate protection to consumers in the face of harm caused by defective products or services in Chilean law, the paper argues the need for specific regulation on civil liability ensuing from such harm; and proposes a broad interpretation of the notions of consumer and provider and, subsequently, of title to sue; as well as a pro-consumer application of the rules on liability basis.
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Año:
2019
ISSN:
0718-4735, 0718-0853
Mañalich, Juan Pablo
Universidad de Chile. Facultad de Derecho
Resumen
The paper offers a critique of distinctively academic understanding of penal politics, which may be designated as “principlism”. Hereto, the irreducible political nature of the discourse of penal politics is asserted, the neglecting of which is very clearly illustrated by the postulation of a so called “subsidiarity principle”, upon which the characterization of penal intervention as ultima ratio is usually grounded. The paper closes with a sketch of some implications of the repoliticization of the discourse of penal politics in terms of radical democracy.
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Año:
2019
ISSN:
0718-4735, 0718-0853
Ramírez Sánchez, Amed
Universidad de Chile. Facultad de Derecho
Resumen
Liability of the Public Administration is a legal guarantee of the citizens which postulates the right of citizens to claim for the damages arising from their intervention. Medical activity its one of the reference sectors of its normative and jurisprudential development from comparative contexts. In Cuba, the constitucional regulation does not have a normative development that regulates a procedure of requirement in such sector. The present work has as objective to base the theoretical elements necessary for the configuration procedure for the claim for damages in the Cuban medical activity, for the purpose of the improvement of its legal regime. For its paper, the work is divided into several essential parts, starting from the theoretical-jurisprudential postulate of the constitutional bases, and the analysis of the limitations of the procedural ordering in Cuban medical activity, as the basis for the proposal the fundamentals of the mechanism in administrative health service providers for the requirement of liability in medical activity.
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Año:
2019
ISSN:
0718-4735, 0718-0853
Kindhäuser, Urs
Universidad de Chile. Facultad de Derecho
Resumen
The article seeks to demarcate the realm of mistake of fact in comparison to the realm ofmistake of law, understood as a strictly semantic differentiation. For this purpose, and based on the current criminal-legal situation in Germany, it breaks down the general structure of a criminal offense, and then analyses which of its components are compromised by each of both kinds of mistake. In this way, it seeks to highlight the differences between those two types of mistake, both in their conditions and in the legal consequences attached to them. Finally, the paper addresses some specific applications of the distinction thus established.
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Año:
2019
ISSN:
2254-6413, 1139-7608
Corporate Social Action as an Instrument of Social Justice: the Company as Guarantor of Human Rights
Carmen María Gómez Navarro; Sergio Fernández Riquelme
Servicio de Publicaciones de la Universidad de Navarra
Resumen
Social Justice and social rights are the philosophy of values present in the international social model and the social responsibility corporate (CSR) that offers an alternative to the approach for the protection of human rights from the perspective of the socioeconomic issues, supposing an advance pursuant to philanthropy or social marketing and allows us to include in its methodologies and actions the Base of the pyramid (BoP).
Along the present work includes linking CSR, inclusive businesses and those of BdP in the fight against social exclusion and as a form of work to secure human rights in the business world and the role of the social worker in the business world as an agent of development of CSR has both internally and externally.
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Año:
2019
ISSN:
2448-8933, 1870-8722
de la Cuesta Saenz, José María
Faculty of Law of National Autonomous University of Mexico
Resumen
The good functioning of the food supply chain has focused much of the efforts of the European Union and its member states in the fight against power imbalances to the detriment of the weaker links of the chain, especially after the removal in 2007 of the old instruments for market intervention. These efforts have translated in to innovative regulations against unfair trading practices, which are the object of a EU proposal for harmonization, but they have also contributed to emphasize the regulatory function of contracts and contract networks.
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Año:
2019
ISSN:
2448-8933, 1870-8722
Ludovico, Giuseppe
Faculty of Law of National Autonomous University of Mexico
Resumen
The evolution from the liberal legal system based on the formal equality between of the contracting parties to the modern social state founded on the protection of the employee was accompanied by lively debate on the compatibility of the first forms of social security protection with the traditional code rules. The initial difficulty of understanding the true meaning of the new tools of social protection has led to their erroneous classifications in traditional civil categories. The protection of employee against accidents at work takes on significance from this point of view, representing the protection that has been urgently brought to the attention of European legislators since the beginning of the industrial revolution. The debate developed in Italy from the second half of the nineteenth century is of particular interest, distinguishing three phases during which were examined initially the solutions offered by subjective and objective liability and later the embryonic form of social security that has become important on the constitutional level.
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Año:
2019
ISSN:
2448-8933, 1870-8722
López Ahumada, José Eduardo
Faculty of Law of National Autonomous University of Mexico
Resumen
At present, there are important changes in the organization of work, derived from the evolution of the postindustrial society. Generally, there is a profound transformation of the classical model, which leads us progressively towards a new system of uncertain production. This paper analyzes the effects of the current context of change in the processes of productive externalization, which have also been evolving and extending in recent years. Throughout the present study it will be possible to analyze how these processes have overcome the traditional techniques of productive externalization. Special attention is given to fraudulent management cases, as well as to the judicial response in demand of corporate legal responsibility.
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Año:
2019
ISSN:
2448-8933, 1870-8722
Guerra Daneri, Enrique
Faculty of Law of National Autonomous University of Mexico
Resumen
It is inconceivable that at the base of agriculture there is a problem of a social nature that constitutes one of the factors of qualification of agrarian law. This allows to include it among the so-called social branches of law, which are disciplines oriented to operate with corrective in conditioned situations. But the factors that affect agriculture are varied and like the social fact, they have been evolving in their effects on the agrarian matter. From a claiming right to postponed social situations, agrarian law has come to incorporate the function of being also custodian of collective rights (such as the right to food, to a healthy and balanced environment, etc.) that are the center of conflicts of interest of the whole community and not only sectorial and that give the discipline a new dimension.
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Año:
2019
ISSN:
2448-8933, 1870-8722
Arellano Ortiz, Pablo
Faculty of Law of National Autonomous University of Mexico
Resumen
Labour law bases its protective function on the employment relationship. One of the main factors determining the employment relationship is subordination. This work tries to review the subordination taking into account the current phenomena in the labor market such as atypical jobs and the gig economy. The tendency to deregulation is also studied as an important factor. It is argued that the phenomena studied do not diminish the value of subordination as a criterion for determining the work relationship and its protection.
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