ISSN: 2310-2799
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546,196 artículos
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Año:
2018
ISSN:
0719-7942
Esplugues Barona, Carla
Universidad de los Andes
Resumen
Mediation is playing a growing role nowadays, strongly promoted by the European Union. However, Administrative law remains a legal area riddle with obstacles to the ADR and to mediation. Social changes and the mutation of administrative structures require the search of new ways to solve administrative disputes. Because of this, the Spanish Consejo General del Poder Judicial has favored the implementation of administrative mediation by means of pilot projects.
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Año:
2018
ISSN:
0719-7942
Olivares Jatib, Oscar
Universidad de los Andes
Resumen
This comment makes a criticism of the labor jurisprudence related to the termination of the work contract of the non-teaching staff of the municipal sector governed by Law N° 19.464, for health reasons incompatible with the performance of the position. Specifically, the ruling issued by the 2° Labor Court of Santiago, in the case of Rit T-786-2016, and the rulings of the Court of Appeals of Santiago and the Supreme Court of Justice, which ruled about the case under study.
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Año:
2018
ISSN:
0719-7942
Barahona Gallardo, Claudio
Universidad de los Andes
Resumen
The purpose of this paper is to explain the way in which article 3 of the Civil Code was understood by its first commentators, while we refer to its reception by the authors of procedural law of the time. It begins by establishing the relevant antecedents on the subject in the transition period between Spanish colonial law and codified civil law, continuing with the examination of the sources and works of the national jurists of the XIX century. This revision allows us to conclude that the idea of precedent as a source of binding right was not alien to them, although not all were in favor of accepting it in the usual practice of the forum nor were they completely in agreement with the position that should occupy in the hierarchy of the sources of law.
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Año:
2018
ISSN:
0719-7942
Maseda Rodríguez, Javier
Universidad de los Andes
Resumen
The purpose of this paper is to analyze briefly the recent amendment of the Spanish domestic rules of international jurisdiction in matrimonial matters. They are applicable in certain cases even despite the applicability for Spain (and all the Member States of the EU) of the Council Regulation (EC) 2201/2003, of 27 November 2003, concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) 1347/2000. This essay analyzes the new domestic Spanish rules in comparison with the repealed ones, in order to determine the improvement of the system or, on the contrary, the absence of reason to modify the previous regime.
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Año:
2018
ISSN:
0719-7942
Jerez Delgado, Carmen
Universidad de los Andes
Resumen
The pauliana actio is contained into the Chilean Civil Code, as well as into the Spanish one. Since Roman Law up to now, this action is focused on two different cases: In one hand, those cases where the damage has been caused by the debtor and third person performance of an agreement or intention to defraud the creditor; On the other hand, those cases where a contract or a legal act has been celebrated and a credit has been damaged as its direct consequence, independently of the intention of the debtor. From a comparative point of view, there are connections between these two cases and Tort Law and Unjustified enrichment, respectively.
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Año:
2018
ISSN:
0719-7942
Lecón, Mauricio
Universidad de los Andes
Resumen
According to Francisco Suárez, human nature is the ultimate foundation of politics and of civil obedience. In virtue of his similarity to God, the human legislator participates in that dominion. This one, in turn, constitutes the legislator’s moral faculty to order and impose laws to his fellow kind, since his will is a fundamental condition so that citizens, united in a mystic body, can reach their natural end. In this way, the legislator receives his power from the men’s community so as to oblige them through laws. These ones do not only refer to common good, but they should also be given in proportion to human knowledge. So as to do this, laws should be promulgated efficiently through an act of speech that evokes obligation and which transmits the legislator’s will to the community in a sensible way. The sensible elaboration of the legal formula comes next, which allows the legislator’s intention to permeate the subjects’ minds to engender moral duty.
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Año:
2018
ISSN:
0719-7942
Coujou, Jean-Paul
Universidad de los Andes
Resumen
This paper aims to confront Francisco Suárez and Niccolò Machiavelli’s positions towards political and legislative powers. Both authors agree that legislative power originates from men coming together and that politics must be renewed according to the new social and cultural conditions of the modern world. Despite these coincidences, Machiavelli believes that the art of politics must leave its theological justification aside, whereas the Suarecian model follows the Aristotelian and scholastic tradition of power. In addition, Suárez conceives power as a subordinate strength to the righteous government of men and virtue. Differently, Machiavelli affirms that power leads to the ruler’s enrichment. Suárez answers to this position that the authority’s immoral practice to become wealthier cannot be a legitimate object of the law.
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Año:
2018
ISSN:
2184-1004
Teixeira, C. M.; Gonçalves, A. S.; Gonçalves, C. C.; Martins, C. P.; Matos, L. M.
PsychTech and Health Journal
Resumen
The main objective of this study is to understand if two different virtual environments induce different affective states in the participants. The specific goals are to compare the different levels of game experience according to the dimensions of presence, compare the absence and presence of virtual reality in the induction of affective states, and compare the levels of regularity in the use of video games and its impact on affective states. For this purpose, 20 participants were collected for convenience, from a Portuguese University in the north of Portugal, aged between 18 and 44 years of both sexes, which were distributed 10 for each virtual environment where a group performed the experience with the game Aboots Demo and the other group performed with the game Resident Evil 7. A Sociodemographic Questionnaire, the Affective States Profile, and the IPQp were used for data collection. The main conclusions of this study showed different affective states in the different virtual reality conditions/environments, where Tension, Vigor, and Fatigue are the most relevant.
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Año:
2018
ISSN:
2184-1004
Vasconcelos-Raposo, J.; Fernandes, J. A.; Nobre, S. A.; Teixeira, S. G.
PsychTech and Health Journal
Resumen
The purpose of this investigation is to compare the heart rate frequency and the electrodermal activity during the gameplay of Bullet Sorrow VR Demo and VR Shooter Guns Demo. Data was gathered through self-reported experiences they felt during their participation through self-report questionnaires. Twenty male university students participated in this study [M = 22 years, DP = 1.95]. The equipment used was the NeXus-10, the Vive, the IPQ, and finally, a sociodemographic quiz. The results showed a null effect when comparing the FC of the game Bullet Sorrow VR Demo and a small negative statistical effect between the FC of the game VR Shooter Guns Demo. In conclusion, it was verified that there are no significant effects in the relationship between the psychophysiological measures and the two games.
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