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

El sistema de cultivo, referido en Colombia como la huerta, es un lugar donde se siembran diversos alimentos, y se hallan imbricados pensamientos, prácticas, ritmos, así como formas de convivencia social, establecidas desde una lógica propia. Este artículo presenta una sistematización en torno a los sistemas de cultivo, y se ejemplifica etnográficamente con el caso particular de las huertas andinas en Figueroa, departamento del Cauca. El enfoque acogido en la siguiente investigación es el etnográfico, está sustentado en la revisión cuidadosa de aportes teóricos y metodológicos, realizados principalmente desde áreas disciplinares como las ciencias naturales y la antropología. Se identifica que las unidades de producción son espacios biodiversos, los cuales han sido adaptados con base a las condiciones orográficas, climas y dinámicas culturales, aunado su nombre varía en cada región, en muchos casos en virtud de la lengua materna de las comunidades que habitan dichos territorios, asimismo, se objetivan, técnicas y saberes empleados, con una suerte de matices en cada porción geográfica.

The present article presents some of the research results on the validity of the basketry practice in Barva, whose purpose was to explore the ways in which this tradition develops in the present, its links with the past of the canton and how the expression could be valued against to a possible risk of disappearance if it were considered an intangible cultural heritage of this territory. This balance on the state of the manifestation was possible to carry out through a qualitative research based on the testimonies of the tradition bearers, which allowed describing how the practice is developed today and glimpse the situations that would hinder its continuity and warn the symbolic relations of this practice with the context and the community.

Celtiform pendants (500 B.C.- A.D. 900) are carved from polished green stone, and characterized by axe form. Their superior region is typified by human or animal carving while the inferior axe portion is not decorated. This paper aims to answer a basic question, “How did crafts people behave with the artefact at the time of manufacturing?”. Celtiform pendants themselves have plenty of crafting traits, such as polish, groove-snaps, perforating, and striations, which may help us to reconstruct the crafting activity and its procedure. This paper presents the unique traces of lapidary technologies by using digital microscope (Keyence VHX-5000) and conducts an experimental program to test the hypothesized manufacturing activities of celtiform pendants.

Choice of court agreements included within in general terms and conditions generally result in conflict in practice: in the absence of express acceptance, it is not easy to determine when the arties’ conduct makes it possible to establish tacit acceptance. The problem becomes more complex when the general terms and conditions are part of unilateral documents (e.g. invoices, order confirmations, etc.), issued in the commercial dynamics of the parties at a later point in time than the expression of contractual consent. This article analyses these issues in light of the Resolution of the Civil and Criminal Court Nº 2 of Miranda de Ebro, dated 21 January 2022.

the purpose of this paper is to delve into the interpretative criteria on Article 3(1) of the Regulation on Insolvency Proceedings contained in the ruling of the CJEU of 24th of March 2022, Galapagos BidCo, C-723/20, which aims to clarify which court has international jurisdiction to open main insolvency proceedings, when there is a prior application for the opening of insolvency proceedings before a court of another Member State and the latter has not declined or assumed jurisdiction. For this purpose, the referring court asks the CJEU for criteria in the Regulation in order to determine the location of the debtor’s centre of main interests, provided that there are several relocations within a short period of time, which may be understood as a search by the debtor for a forum of convenience to the detriment of its creditors. Although the CJEU does not offer criteria to clarify the location, it does point out that the application for main insolvency proceedings before a court of one Member State excludes, by virtue of the principle of perpetuatio fori, the jurisdiction of the courts of another Member State to open similar proceedings with the same object.

The RDGSJyFP of 31 January 2022 analyses whether the sale of a property, carried out by the three co-owners of the property, requires the consent of the spouse of one of them because it is the couple’s habitual residence. The requirement of the consent of the spouse who is not the owner of the habitual residence may be imposed by the law governing the matrimonial property regime or it may have to be applied as part of the public policy of the forum. In our case, the law governing the property relations of the spouses is the British law, by virtue of the first connection of Article 9(2) CC, and, according to it, there is complete freedom for the spouse to dispose of his or her personal property. For this reason, the question arises as to whether the consent of the non-owner spouse can be required by application of Article 1320 CC, as a public policy rule of Spanish law. Finally, it is considered that the property does not constitute the habitual residence of the couple and, therefore, the consent of the spouse is not necessary for the sale of the property to be valid and registrable.

Disputes involving an assignment of receivables with an international element raise numerous problems, particularly as regards the area of applicable law. In the case of the judgment under consideration, the Provincial Court of Soria rejects the direct application of domestic private law, without prior recourse to the rules of private international law in force in Spain, declaring that the Court is empowered to apply ex officio the conflict rules relating to the law applicable to the contract of assignment of receivables. This, with the purpose of verifying whether the procedural succession by transfer of the disputed claim in favor of the plaintiff company has validly taken place.

The SAP Oviedo of April 7, 2022 dismisses an appeal filed by the father of a minor girl against the judgment issued by the Court of First Instance No. 7 of Oviedo, which decrees that the return of the minor daughter, who had been transferred by her mother to our country, from the United Kingdom is not appropriate. This, on the basis that the transfer of the child to Spain from the United Kingdom was consented to by her father, who was the one who filed the lawsuit and the subsequent appeal against the judgment issued in the first instance, which rejected his claims.  

The judgment of the Court of Justice of the European Union of 2 June 2022 in Case C-617/20 concerns the validity of the declaration concerning the waiver of succession made before the court of the Member State in which that heir has his or her habitual residence. This request for preliminary ruling concerns the interpretation of Articles 13 and 28 of Regulation (EU) No 650/2012. The debate focuses on whether, in order to be considered valid, the communication of the declaration made in the Member State of the declarant’s residence, in accordance with the requirements of the law of that place must, it is necessary comply with the formal requirements laid down in the law of the succession, within the meaning of Recital 32 of Regulation.

The decision of European Union Court of Justice (ECJ) A against B, of August 2, 2021, confronts the legal framework of the right to asylum and of the international child abduction, and justifies the present commentary. The controversial issue resided in determining whether the transfer of a child to another Member State, due to an administrative decision taken in accordance with Regulation No. 604/2013, of 26 June 2013, establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (Dublin III Regulation) constituted an unlawful removal of children, pursuant to Regulation No. No 2201/2003, of 27 November 2003, concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility (Brussels IIA Regulation) and the 1980 Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention). This case puts the legal framework of the international child abduction in conflict with the regime of the right to asylum. What is going to be analysed is in what terms it is possible to harmonize the application of both legal frameworks, taking into account the best.