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:
2022
ISSN:
2528-7834, 1390-6402
Izquierdo Apolo, Carlos; Carcelén Pacheco, Jerónimo
Universidad San Francisco de Quito
Resumen
This article identifies the need to enact specific legislation to regulate the development of the electricity generation industry, direct industrial uses and heating from the use of geothermal resources. For this purpose, preliminary and introductory concepts that explain the functioning of geothermal energy and its potential in the region will be addressed, which will allow developing an analysis of the current situation of this industry in Ecuador, including the study of the electrical regulatory framework, and the concession procedures contemplated in the Organic Law of the Public Service of Electrical Energy and its regulations. Finally, a brief comparative law analysis will be carried out to determine certain regulatory criteria that should be considered for a Geothermal Energy Law in Ecuador.
|
|
Año:
2022
ISSN:
2528-7834, 1390-6402
Marega, Alexis Matías
Universidad San Francisco de Quito
Resumen
This research analyzes the problem of gender parity in Argentine business bodies. To address the situation, it is based on an open discussion between the General Inspectorate of Justice of the Nation and the National Chamber of Commerce, due to the requirement of the former on the necessary equal composition in the members of the Administration of a commercial company. This fact is used as a starting point to delve into the question of how much the existing disparity implies—in statistical terms—and how to address it. The “why” of the disparity is not analyzed but understanding its existence (which is demonstrated by reports from various private and state bodies), the best way to generate a change in such compositions is studied, whether through recommendations or mandatory laws. To clear up this doubt, the paths taken in Latin American and European legislation are properly investigated.
|
|
Año:
2022
ISSN:
2528-7834, 1390-6402
García Alarcón, Ruth Elizabeth; Núñez Varón, Jaidivi
Universidad San Francisco de Quito
Resumen
This text provides relevant information to mediators who are interested in updating their skills and abilities so that the construction of agreements is optimal without causing any harm to the interests and rights of the parties. From the action without harm approach, it is invited to reflect on the way in which dialogue develops in mediation to resize it, identifying how the parties are mobilized in a repositioning in the face of the controversy. From these actions, it is intended that the experienced mediator takes a strategic look and questions whether the parties should be oriented towards the transformation of beliefs, sometimes even cultural, that perpetuate the conflict and that prevent glimpses of the appropriate solutions. The text provides tools in specific circumstances of mediation where skills such as linking silence, creating a context of cooperation, as well as generating a credibility framework provide leadership in the mediator"™s actions.
|
|
Año:
2022
ISSN:
2528-7834, 1390-6402
Bayancela, Mariana Toali
Universidad San Francisco de Quito
Resumen
Ecuador corporate criminal liability was introduced into the legal system in 2014 and is regulated in article 49 of the Ecuadorian Criminal Code. This article was reformed with the "Anti-corruption Law" in February 2021, in which the legislator designed the compliance regulations not as an exemption system, as is the case of Spain legislation, but as a mitigating measure of the penalty for the legal person. The mitigation is based on the existence of integrity systems, standards, programs, and compliance policies, as the legislator calls them. Recent regulations require an exhaustive study, however, this article is a short study of corporate criminal liability and an overview of the requirements listed in the recent reform and the challenges that due reform represent.
|
|
Año:
2022
ISSN:
2528-7834, 1390-6402
Ruiz Luzardo, Jean Pierre
Universidad San Francisco de Quito
Resumen
This article analyzes the Intersectoral Policy for the Prevention of Pregnancy in Girls and Adolescents in Ecuador, period 2018-2025, from three aspects: i) the approach to the children"™s rights; ii) the principle of progressive autonomy; and iii) comprehensive sexuality education. The methodology used consisted of the comparison of international standards and the provisions of the policy. Finally, it is concluded that this instrument does not cover these elements in its design.
|
|
Año:
2022
ISSN:
2528-7834, 1390-6402
Chinga Aspiazu, Yandri Vladimir
Universidad San Francisco de Quito
Resumen
With the emergence of Postpositivism, guarantees constitutions emerged, such as the Constitution of the Republic of Ecuador of 2008 (hereinafter CRE), in which the creation of the Constitutional Court (hereinafter CC) was established as the highest body of control, interpretation and administration of constitutional justice. This research aims to analyze the position of the CC and the influence it exerts against the actions issued by the different organs of the State functions. For which it is analyzed if the CC has recognized rights to groups and minorities and has exercised control over legislative production. The main question that this work seeks to resolve is whether the CC, by itself, is at the same level as the five functions of the State.
|
|
Año:
2022
ISSN:
2528-7834, 1390-6402
Zanini, Leonardo Estevam de Assis
Universidad San Francisco de Quito
Resumen
German law’s treatment of the law of things is examined in this article. It presents the fundamental principles that regulate the matter, highlighting the principle of abstraction. It studies the notion of thing adopted by the German Civil Code, which is no longer confused with the situation of animals. The text further analyzes property rights in Germany, including their limitations, restrictions, forms of defense, content, as well as the social link required by the German Constitution. This research uses a descriptive and deductive methodology, fundamentally based on bibliographic, jurisprudential, and legislative research. Finally, the panoramic study of the subject seeks to encourage the reader to better understand the socioeconomic role of the rights in rem and to seek solutions in German law to problems existing in Brazil.
|
|
Año:
2022
ISSN:
2528-7834, 1390-6402
Salgado Macías, Alicia; Idrovo, Felipe
Universidad San Francisco de Quito
Resumen
In this interview, the former Special Rapporteur for Freedom of Expression of the IACHR, Catalina Botero Marino, analyzes the relationship and influence of different non-state actors in relation to possible human rights violations. Based on her experience with Meta"™s Oversight Board, the expert comments on the need for companies to commit assessing the impact of their decisions on human rights. She also examines, based on a specific case framed in a non-international armed conflict, the links between the declassification of reserved information for national security reasons and freedom of expression. Finally, she identifies patterns that authoritarian governments in the region have shown when limiting the right to freedom of speech, as well as the criteria of human rights protection organizations, such as the IACHR.
|
|
Año:
2022
ISSN:
2528-7834, 1390-6402
Roa Roa, Jorge Ernesto
Universidad San Francisco de Quito
Resumen
This article presents a proposal for the design and operation of judicial review with the aim of strengthening the system of separation of powers and channeling social change. It is a conception of judicial review within the framework of deliberative democracy and transformative constitutionalism. Under this perspective, the role of constitutional judges is to defend the basic elements of representative democracy, take seriously the presumptionof constitutionality of laws and interact dialogically with the legislator. In addition, constitutional justice helps to detect the blind spots of the democratic system, strengthens deliberation as a public dialogue and channels public interest litigation exercises. The article concludes that judges must attend to the context in which they operate without undermining the fundamental elements of the democratic conversation. Likewise, judicial review has a representative character that reduces its tension or democratic deficit and establishes it as a scenario for a strategic and cooperative adjudication.
|
|
Año:
2022
ISSN:
2528-7834, 1390-6402
Naranjo Ponce, María Gracia; Núñez Dávila, Sergio
Universidad San Francisco de Quito
Resumen
From the text of article 1817 of Ecuador’s Civil Code, it follows that the pacto comisorio is a figure that only applies to the sales contract and, specifically, in the event of non-payment of the price. Although a large sector of the literature considers it appropriate to extend the effects of this figure to other bilateral contracts, this work intends to present an alternative view and proposes a textual and more restrictive interpretation of the code. The pacto comisorio is a figure that limits the will of the contracting parties. Consequently, due to its restrictive nature, its effects should not be extended to hypotheses other than those explicitly prescribed by the Civil Code.
|
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
