ISSN: 2310-2799
Aviso:
Los resultados se limitan exclusivamente a documentos publicados en revistas incluidas en el Catálogo 2.0 de Latindex.
Para más información sobre el Descubridor de Artículos escribir al correo: descubridorlatindex@gmail.com.
Leer más
Búsqueda por:
546,196 artículos
|
Año:
2018
ISSN:
0719-7942
Manterola Domínguez, Pablo
Universidad de los Andes
Resumen
The commentary analyzes the sentence issued by the Court of Appeals of Santiago, which ruled that two shareholders bound to a third party, have done themselves simply liable and not jointly and severally liable, as indicated in the contract. The real will of the parties had been to be directly obligated, because the business referred to both, although the contract was a sell of the shares of one of them. The commentary studies the section 1522 of the Chilean Civil Code: "If the business for which the joint and several obligations had been contracted, concerned only to one or some of the jointly and severally obligated, these will be liable each other", and criticizes the judgement object of this work.
|
|
Año:
2018
ISSN:
0719-7942
Pena González, Miguel Anxo
Universidad de los Andes
Resumen
The “gunpowder conjuration” allowed Jacob I to justify the English Catholics Oath of Fidelity. His reflection about it is introduced through the narrow paths of the theological and political thought. In fact, the sentence given to Suárez by the French parliament in 1614 is considered, in the British and the French contexts, as a meddling of the institution in the interests of the State. Suárez aims to create a dialogue between the King’s Defence and the situation British Catholics would have to face, as well as the Pope’s negative response to it. In this way, two opposite views are intertwined: one, of a political nature, and the other with a broader character and sustained in the thought of the Pope. Far from defending the Pope’s position, Suárez tries to settle the bases of what later would be known as freedom of conscience.
|
|
Año:
2018
ISSN:
0719-7942
Lázaro Pulido, Manuel
Universidad de los Andes
Resumen
The present study aims to identify the possible Franciscan sources of Francisco Suarez’s concept of law by presenting his position towards natural and positive law, as well as its naturalistic characteristics. His non-reductionist view of the law leaves space for a free interpretation about the role of man’s will, both as an individual and as a community. Three key features of the Franciscan teachings can be identified in Suarez’s nobility and depths of thought. The first one corresponds to the role of intelligence and will to establish the law. In this aspect, Francisco de Castro is used as reference, who shows depicts Franciscan characteristics in relation to the understanding and will faculties, and to the epistemologically limiting character of the particular. Suarez’s reasoning also resembles the Franciscan teachings in his remarks about the obligatory nature of the law inscribed in the Decalogue, especially those related to the Subtle Doctor. Finally, the third feature rests upon the Suarecian law theory about the origin of the legal authority, which finds its roots in de Castro.
|
|
Año:
2018
ISSN:
0719-7942
García Cuadrado, José Ángel
Universidad de los Andes
Resumen
This article focuses on the old controversy between Viñas, Hellín and Pereña regarding the right to war doctrine and the international arbitration halfway the XX century. Viñas and Pereña have a subjective and voluntarist interpretation which attends to Suárez’s probabilism. Differently, Hellín believes that Suárez only gathers the scholastic doctrines of those times, similarly to the Dominicans. The controversy goes on still nowadays since Suárez’s tone can be interpreted as absolutist or democratic yet. At the end of the article, a more historically centered hermeneutic is proposed, which differs from our contemporary categories.
|
|
Año:
2018
ISSN:
0719-7942
Mantovani, Mauro
Universidad de los Andes
Resumen
This work aims to demonstrate the intrinsic connection established between the law theory and the Suarecian law. It also tries to show metaphysical positions about the divine existence and subsistence, as well as the capacity of demonstrating the existence of God. In the first place, it exposes the main elements of the Jesuit theologist’s interpretations regarding the concept of law in De Legibus, which corresponds to a type of “legal metaphysics”. Additionally, this paper shows how the aforementioned topics connect to fundamental metaphysical questions about the divine subsistence and existence and, in general, to philosophical theology as a whole. In fact, it is not only about linking the concepts of law or of fundamental moral to God, but about demonstrating the connection between legal ratio and theological ratio regarding the same reality perspective.
|
|
Año:
2018
ISSN:
0719-7942
Amezúa Amezúa, Luis Carlos
Universidad de los Andes
Resumen
This article contributes to highlight the role of Suarez as one of the greatest theologians and jurists of the Second Scholastic (early modern scholasticism), or also called Spanish School of Natural Law. Suarez made an important contribution to the theory of the Legal System. It develops the effects of law, considering the legal order as a whole: the force of law is to command, forbid, permit, punish. In particular, with respect to permissive norms, the idea of all law imposed obligation requires that a permissive rule is also covered by another mandatory rule that mandates compliance. This conception of the law in Suarez endows it with a prescriptive structure that accentuates the voluntarist aspects, however it is perfectly integrated with the claim of objective justice and with the formal justice that are necessary in any act of legislating.
|
|
Año:
2018
ISSN:
0719-7942
Beuchot, Mauricio
Universidad de los Andes
Resumen
This work aims to expose the concept of right according to Francisco de Vitoria and Francisco Suárez. De Vitoria was more worried about the notion of justice since, for Salmantinos, right had as its object equity, i.e. justice. Differently, Suárez was more concerned about the notion of law, as this was more modern. However, Suárez’s continuity with the School of Salamanca can be identified specifically with the tradition of the treats, De iustitia et iure, where both concepts are highly intertwined.
|
|
Año:
2018
ISSN:
0719-7942
Vela Dupré, Javiera
Universidad de los Andes
Resumen
This article aims at answering to the question about the substantive function of external auditing, as a mechanism of external control over corporate administrations. Normative and historical evidence show that an external audit is a means of substantive control over corporate administrations, exercised by independent private entities (EAE); and also a process of verification of formal conformity of the accounting records with generally accepted standards. The external audit was historically introduced to prevent and control fraud and bad practices in stock exchanges, to protect the interest of shareholders, the relevant market, and the correct flow of information to and from the audited entity. The external audit would therefore include, as an inherent element, the professional obligation to detect and reveal frauds or deceptions, impossible to hide in an auditing process.
|
|
Año:
2018
ISSN:
0719-7942
Facco, Javier
Universidad de los Andes
Resumen
Equity arises in the Middle Ages as a key concept as an intend to achieve judicial and law unity. Equity appeared in a social context where the canon law influenced the whole the human code. The aforementioned concept, outstanding for its versatility, would start to be polished by analogical meanings, and it will also permeate the “secular” law. Furthermore, equity has the justified pretention of ordering society as a whole. In that way, aequitas will be the inspiring beginning of the social order as it will keep peace and concord.
|
Hecho en México, Universidad Nacional Autónoma de México (UNAM). Todos los derechos reservados 1997-2022. Esta página puede ser reproducida con fines no lucrativos, siempre y cuando no se mutile y se cite la fuente completa y su dirección electrónica. De otra forma, se requiere permiso previo de la institución por escrito. Mapa del sitio | Créditos
