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546,196 artículos
Año:
2018
ISSN:
2591-6386, 0075-7411
Barone, Matias
Facultad de Ciencias Juridicas y Sociales. Universidad Nacional de La Plata
Resumen
The maritime agent performs a series of functions related to the entry, stay, supply and departure of the vessel in a specific port being designated by the captain, owner or shipowner with whom it is linked through a mandate contract. The special regulations grant him the status of legal representative, thus showing the active and passive, judicial and extrajudicial legitimization of his agent in all claims for or against him. The intervention in all the steps are made within the contractual contractual relationship, then the businesses that are arranged are in representation or on behalf of their agents so it is not reached by the responsibility that emanates from possible breaches or accrual of debts. These, except for those breaches of contract in which it incurs. In principle, the legal action in labor litigation directly directed against the maritime agent does not reach its patrimony, except in the case of labor fraud or not having been able to prove his condition as representative of the captain, owner or shipowner, in his judicial presentation.
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Año:
2018
ISSN:
2591-6386, 0075-7411
Marquisio Aguirre, Ricardo Andrés
Facultad de Ciencias Juridicas y Sociales. Universidad Nacional de La Plata
Resumen
In this paper I inquire about the compatibility of Ronald Dworkin's legal philosophy model with neo-constitutionalism and other versions of constitutionalism. My point is that the substantive constitutionalism of Dworkin, considered in the context of his theory of law as institutionalized political morality, is incompatible with the fundamental theses that both his supporters and his detractors attribute to neoconstitutionalism, as well as other models that take the Constitution as a kind of second-order justification of principles and values, a bridge between law and morality or a determinant of the exclusion of the rules of legal reasoning.
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Año:
2018
ISSN:
2591-6386, 0075-7411
Nájera González, Xavier
Facultad de Ciencias Juridicas y Sociales. Universidad Nacional de La Plata
Resumen
The article deals with the study of the legal protected values, the alternative conducts, the crime circumstances, the objectives, the internal elements, the procedural matters of the so called mexican crime of Operationes with illegal money resources (money laundry); with an strictly dogmatic study sense, in an effort to understand the taxativity of its normative surrounding.
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Año:
2018
ISSN:
2591-6386, 0075-7411
Piccone, María Verónica
Facultad de Ciencias Juridicas y Sociales. Universidad Nacional de La Plata
Resumen
El presente trabajo indaga sobre la relación entre la participación política de las mujeres y la democracia a partir de la conquistada paridad de género en el acceso a los cargos legislativos a nivel nacional. Sintetiza la evolución de las herramientas del derecho antidiscriminatorio desde una mirada feminista del derecho. Se pregunta por la posibilidad de que la mayor representación femenina se refleje en diversos temas y, finalmente, se replique en políticas que conquisten y garanticen derechos para diversos colectivos desaventajados.
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Año:
2018
ISSN:
2591-6386, 0075-7411
Rosales, Carlos Manuel
Facultad de Ciencias Juridicas y Sociales. Universidad Nacional de La Plata
Resumen
The recognition and the implementation of the Human Rights has generated that his fulfillment is in some cases at the cost of the budget. This article will analyze if the servicial rights requested as human rights, they must be granted without conditions, or if, on the contrary, a mechanism must exist in order that there is no abuse in their exigibility and justiciability.
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Año:
2018
ISSN:
2591-6386, 0075-7411
Ciancio, Maria Agustina
Facultad de Ciencias Juridicas y Sociales. Universidad Nacional de La Plata
Resumen
Budget is one of the central means by which governments can realize human rights. Jurisprudence of Human Right bodies are a guide to governments to achieve a real acces to people´s human rights.
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Año:
2018
ISSN:
2591-6386, 0075-7411
Rincón Nieva, Juan Pablo; Zendri, Liliana
Facultad de Ciencias Juridicas y Sociales. Universidad Nacional de La Plata
Resumen
We intend to address an edge of the protection of cultural environmental goods. It is a matter for the State but also for the community, because it associates the "Right to environmental-cultural heritage" positivized in our normative order although it responds to two different sources (environmentalism and cultural constitutionalism). Our reality consists of environmental elements broadly as including natural and cultural resources, constantly changing and interaction (heritage is dynamic), and by earlier publication which is a first approximation to the results achieved in the J 158 project / 17-18, there was talk of protection tools that may be applicable to both subtypes. Research called “New ius privatist rules: symmetries or asymmetries with the regime of environmental-cultural heritage, its impact on development and governance” provides a framework for us to observe the specific relationship of the goods to be protected because that guardianship associates to protect the identity (national, provincial, local) in which a pillar of development underlies and in the collision of rights the rules of private law throw principles to be applied.
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Año:
2018
ISSN:
2591-6386, 0075-7411
Sotelo Navalpotro, José Antonio; Sotelo Pérez, Ignacio
Facultad de Ciencias Juridicas y Sociales. Universidad Nacional de La Plata
Resumen
When we deal with water in Spain, we must consider that such a natural resource - essential for life, the citizen and, in general, for the whole of society, its activities, growth and development-, it´s not recognized as an autonomous and independent right in any of the legal texts in force in the national territory, not even in the 1978 Constitution. However, as will be discussed in the following article, within the Spanish constitutional framework, if you have an environmental right through which the "hypothetical right to water" would be preached that every Spanish citizen should correspond (in the way that some international and community texts claim for the whole of humanity). In the same way, in the 1978 Constitution, is established for each right and freedom, a mechanism aimed at protecting them, through which it was understood as sufficient to insert or include the constitutionally recognized environmental right, in the category of protected rights with the smallest possible constitutional ranges. The consequence of this circumstance has led to the juxtaposition of a series of environmental claims based on invocations of rights included in the Constitution that, even if they have a different condition, have a greater degree of protection within the ordering.
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Año:
2018
ISSN:
2591-6386, 0075-7411
Meliante Garcé, Luis
Facultad de Ciencias Juridicas y Sociales. Universidad Nacional de La Plata
Resumen
what Zygmunt Bauman called "liquid modernity", in general terms, fits the market logic driven by globalization and this is associated with the current phase of the so-called "postmodernity", despite how anachronistic this denomination can be today. It turns out to be this, a scenario of profound economic, social, political and cultural changes in general, which throws us into an uncertain future. Law, as a constitutive discursive social practice, is shaken by the overwhelming mobilization that these changes provoke. Within the constitutive elements of this praxis, is the "judicial decision", privileged discursive species of the same, for being in charge of public officials - judges - who play a particularly connoted role. The same by the way, is not undamaged either. Moreover, its relationship with the political, always conflicting and disguised, today takes a notorious pre-eminence. Of this and other surrounding issues, with a view towards Latin America in the Region, this work is about.
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Año:
2018
ISSN:
2591-6386, 0075-7411
Herrera, Marisa
Facultad de Ciencias Juridicas y Sociales. Universidad Nacional de La Plata
Resumen
The debate on the legalization of abortion involves, from the strictly legal aspect, several facets; One of them is the civil law that in the current context implies, in itself, referring to a constitutionalized civil law (Articles 1 and 2 of the Civil and Commercial Code). In this framework, it is essential to carry out several distinctions in order to avoid falling into wrong statements from this prism as being, differentiate between: 1) embryo and person; 2) life and person; 3) conception in a broad sense. What is the incidence of the case Artavia Murillo against Costa Rica of 12/28/2012 in the national legal regime? How does the principle of graduality play? These are some of the questions that must be answered. In short, it aims to demonstrate how the Civil and Commercial Code in force since 08/01/2015, is a legal text that accompanies, promotes and reinforces the legalization of abortion. For this, it is necessary to highlight and deepen certain notions such as: prevention (Article 1710), vulnerability (Article 706), interaction with social rights (Articles 595 and 607), especially the right to health (articles 55 to 60); crossed by being a code of freedom, with a strong weight of the autonomy of the will.
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