Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

This article proposes, from a legal perspective, the role performed by the Board of Directors in the implementation of corporate governance practices in Microfinance Intermediary Financial Institutions (IFIM), as a means that allows the effective compliance of its strategic objectives and the strengthening its financial and social work, in such a way that it directly contributes to the financial inclusion of those social groups that do not have access to financial services through traditional banking. In this sense, good governance in the IFIs will promote the trust and transparency of credit institutions, an efficient design of their financial products, technological innovation, and better risk assessment and management. In this way, these governance practices will contribute to strengthening its reputation and improving its position in the market. Taking into account the negative impact that a governance crisis could cause in the institutions that operate in the microfinance sector, a market with a strong focus on social performance, mainly oriented towards promoting the financial inclusion of marginalized groups, is necessary and opportune to do a survey to determine if the IFIs, voluntarily registered in the National Registry of IFIs of the National Microfinance Commission (CONAMI) of Nicaragua, have an ideal legal framework that provides them with the necessary guidelines to implement good practices in governance matters corporate, or if the domestic regulation establishes limitations for its implementation from the self-regulation.

The occasion of the tenth anniversary of the entry into force of the Law of Administrative Contracting of the Public Sector and its Regulations, is a very opportune moment to carry out legal-practical feedback between the achievements obtained and the goals for the future of public contracting in Nicaragua. Both regulations brought with them advances that significantly strengthened transparency in state management, and at the same time have brought about a series of difficulties that may be due both to contradictions or gaps in the aforementioned regulations and to inconsistencies between their provisions and the practical reality of the law. day to day. With the publication of this article, we want to contribute to this feedback process, presenting an analysis of the practical application that these standards have had over these ten years, and proposing challenges for the future. Supported by the reference sources for this research and reinforced by our professional experience, we will comment on the main regulatory provisions, highlight their successes, discuss their gaps and propose the aspects that we consider that can be taken into account in case of eventual reforms.

From the rise of digital delivery platforms, the need arises to analyze the problem of legal classification between a digital delivery platform and a service provider, as a result of a growing development of the economy and digitization. We will analyze in this work the questions about the elements of an employment relationship, with emphasis on alienation and subordination or dependency; for which we will examine the regulation of digital distribution platforms through Spanish and Nicaraguan positive law. As a corollary, the Spanish judicial response is analyzed based on relevant cases, such as the case of Glovo and Ofilingua SL, and the recent Judgment of the National Labor Court of Appeal on Hugo Technologies, S.A. Finally, some final reflections are raised in the framework of the debate on the problem of legal qualification of digital delivery platforms.

This article has two objectives. The first is to document the progress made in the legislation of Jalisco with respect to the equal rights of women and men to decide the order of their children's surnames. The second is to reflect on the discrimination against homosexual couples in this reform. The documentary method is used in this essay. Human rights theory is mobilized to conclude that the reform to article 61 of Jalisco's substantive law is an advance in the fight to eradicate violence against women in Jalisco; however, it is also discriminatory in relation to families formed by homosexual couples.

The present work establishes reasons to conclude that the application of differentiated criteria of assessment and sufficiency of the evidence in the acts of sexual violence, based on the so-called “evidentiary difficulties and limits” that the recent doctrine inserts by the Supreme Court of Justice of Bolivia in Supreme Order 179/2020 of February 17, not only is it not justified, but it is incompatible with the system of rational evaluation of evidence, regardless of the effect on the guarantee and principle of innocence, among others, driven by what is considered a misuse of the international jurisprudence of the Inter-American Court. To this end, a research question was asked, developed through the compilation and analysis of the different theories related to the test and its assessment, as well as the use of the gender perspective.

The internet is transforming society on a global level, especially due to the increasing popularity of social media services such as Twitter, Facebook and YouTube. Because cloud computing characteristics have tangible effects on enterprises and economics growth globally, it is necessary to create an understanding of cloud computing’s cross-border nature and the effects of and such paradigm for social media artists located in Ecuador. Therefore, this paper seeks the following objectives: firstly, to establish how Ecuadorian artists can be bound by extraterritorial copyright laws by posting their works in YouTube or Twitter. Secondly, to define the benefits and drawbacks of the relation of Ecuadorian artists with YouTube and Twitter. Lastly, this article shows how U.S. copyright laws bind Ecuadorian users of YouTube and Twitter transnationally.

The purpose of this paper is to encourage reflection on the importance of the duties of the individual, based on the analysis of the American Declaration of the Rights and Duties of Man (ADRDM). This instrument is recognized as the first contemporary international catalog of human rights and is unique in that it enshrines a correlative list of rights and duties, unlike the other nineteenth-century documents, as well as the successive ones.

The Law of Civil Rights of Women, No. 10783, of the year 1946, came to be an innovation and a great advance in terms of equality of rights between men and women, this process of gender equality continues without a doubt until the present. In this context, based on the current Constitution when said law was signed (Constitution of 1942), the articles and rights established in the aforementioned law are contrasted and analyzed with the provisions of the constitutional text, to review whether perhaps such rights emanated from the Constitution itself, trying to propose, some way of interpreting it.

In Mexico, the Alternative Mechanisms for Conflict Resolution (MASC, by its acronym in Spanish) have been elevated to the constitutional rank as a human right of access to justice, hence this documentary research on the state of the issue of MASC in Mexico, was carried out on a transversal axis of objective 16 of the 2030 Agenda (UNDP, 2020) for sustainable development SDG; that it refers to peace, justice and solid institutions and that it promotes human rights as guiding axes; which concludes that the efforts made by Mexico in this matter have been insufficient and are reflected in the rule of law that currently prevails.