ISSN: 2310-2799
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546,196 artículos
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Año:
2023
ISSN:
1989-4570
Gascón Marcén, Ana
Área de Derecho Internacional Privado - Universidad Carlos III de Madrid
Resumen
This paper describes the different solutions used by China, the United States and the European Union to access electronic evidence for criminal investigations and the problems raised by their different approaches. The unstoppable trend to create mechanisms that allow authorities from one State to request data directly from a service provider located in another State is assessed together with the human rights challenges it poses and the need for the inclusion of certain safeguards in this kind of initiatives. The Second Protocol to the Budapest Convention is also analyzed as a recently negotiated multilateral solution to tackle this issue.
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Año:
2023
ISSN:
1989-4570
Iglesias, María del Ángel
Área de Derecho Internacional Privado - Universidad Carlos III de Madrid
Resumen
The recognition of the rights of indigenous peoples leads, in its necessary evolution, to the recognition of a particular indigenous jurisdiction, understood as the power to administer justice in the different branches of law, following ancestral uses and customs, their own rules and procedures and, in short, a certain legislation. It implies that, together with state law, there is a kind of exceptionality when specific requirements are met, which these lines address. Its application reveals problems relating to jurisdiction and the applicable law, and the recognition of the decisions issued in a particular venue; an exception that has its objective limits in the affectation of the Constitution, human rights and public order. All this is based on the recognition of legal pluralism, ethnic plurality, multiculturalism, and cultural identification and self-determination of peoples understood within the respect for the sovereignty and integrity of the State.
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Año:
2023
ISSN:
1989-4570
Díez Soto, Carlos Manuel
Área de Derecho Internacional Privado - Universidad Carlos III de Madrid
Resumen
The development of financial crowdfunding raises, among other questions, the problem of determining how the rules on consumer protection should affect this area, not only with respect to investors (whose protection has been legally articulated on the basis of the instruments and categories of the financial market), but also with respect to those consumers who resort to this channel to finance projects of a non-business nature (with respect to which, in particular, the question of the applicability of the rules on consumer credit arises). All this, taking into account the peculiarities of crowdfunding as a financing system in which, together with project-owners and investors, the intermediary platform assumes a leading role. In this paper we analyze the response that Spanish and European legislators have been giving to the questions raised, giving rise, at the present time, to a situation of notable uncertainty.
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Año:
2023
ISSN:
1989-4570
Miranda Serrano, Luis María
Área de Derecho Internacional Privado - Universidad Carlos III de Madrid
Resumen
There is a clear trend in comparative law in favor of admitting that in closed companies the resolutions may be adopted in writing and without a meeting (as is the case, for example, in German, British, Italian, Portuguese, Swiss or Argentine legislation). In 1953 the Spanish legislator moved in the same direction. However, since 1995 our corporate legislation has omitted express reference to this flexible mechanism for the formation of the company will. In spite of this, there are arguments to sustain that our law fits in with the aforementioned trend. This paper presents and analyzes these arguments, offering a study of the issue both from the perspective of current law (lege lata) and from a prospective point of view (lege ferenda).
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Año:
2023
ISSN:
1989-4570
Moreno Cordero, Gisela
Área de Derecho Internacional Privado - Universidad Carlos III de Madrid
Resumen
Relatively recently, Directive (EU) 2020/828 of the European Parliament and of the Council of 25 November on representative actions for the protection of consumers’ collective interests was adopted. Its main objective has been to ensure that consumers have at least one procedural mechanism capable of effectively protecting their collective interests. However, the Directive is based on an adversarial model of proven ineffectiveness that did not take into account the new dispute resolution models adopted by some Member States, whose effectiveness is indisputable in terms of time and results. By means of these new models (new technologies) it is possible to quickly and easily obtain redress for the massive damage caused to consumers through voluntary agreements, without the need to resort to a procedure. Taking as a starting point the extensive comparative experience and scientific doctrine, our proposal is aimed at evaluating the possible introduction of new technologies -regulatory redress and the Ombudsman- in the Spanish legal system in those consumer sectors where this is feasible.
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Año:
2023
ISSN:
1989-4570
Núñez Zorrilla, Mª Carmen
Área de Derecho Internacional Privado - Universidad Carlos III de Madrid
Resumen
Worldwide, we are moving towards fully automated or autonomous intelligent transport systems, by means of which we want to combat greenhouse gas emissions, air, noise and water pollution, traffic accidents, congestion and the loss of biodiversity. Hence, the concern for the development, from the European Union, of a legal framework for the prevention of risks and the regulation of civil liability derived from the damage that these systems may cause, since the specific characteristics that define this technology create new risks that are not adequately covered by traditional regulations, which must be reviewed to adapt to new technologies with artificial intelligence.
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Año:
2023
ISSN:
1989-4570
Michinel Álvarez, Miguel-Ángel
Área de Derecho Internacional Privado - Universidad Carlos III de Madrid
Resumen
Abstract: Faced with the problems that may arise when it comes to articulating community freedoms within the framework of the internal market for goods and services affected by the growing and unstoppable process of digitization, private law, for its part, responds with new rules that, each time with greater intensity, they unify aspects where there are discrepancies between the systems of the different Member States. But, given the clearly cross-border dimension of the type of existing relationships, the existing EU private international law acquis retains an important function, fine-tuned by the CJEU, on the path towards the establishment of a European digital sovereignty. This paper examines, from the perspective of this jurisprudence, the most relevant advances, from the perspective of liability, both contractual and non-contractual, related to that market.
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Año:
2023
ISSN:
1989-4570
Moreno Blesa, Lidia
Área de Derecho Internacional Privado - Universidad Carlos III de Madrid
Resumen
The world energy system is unstable because of Russia’s military aggression against Ukraine. For the European Union, it has meant a considerable increase in gas prices, due to its great dependence on imports of this raw material from the invading territory. Therefore, electricity has also suffered an alarming increase in prices, due to its status as derived energy that can be obtained from primary sources such as gas. This situation has caused that price of goods and services also increased, since energy is necessary for any human activity. Ensuring supply and reducing inflation is important now. The application of international trade regulations is considered, as well as the pactum de lege utenda in electricity contracts. The objective is to offer an overview of the rules of private international law in this sector of economic activity and learn about the peculiarities that govern the use of electricity.
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Año:
2023
ISSN:
1989-4570
Melgarejo Cordón, Pablo M.
Área de Derecho Internacional Privado - Universidad Carlos III de Madrid
Resumen
The purpose of this paper is to study the special features of ex officio monitoring of international competition in the material field of European family and succession Regulations. It also carried out an analysis of the STJUE of 7 April 2022, referring to the application of the provisions of Regulation 650/2012 in matters of succession, collecting some personal reflections and opinions in this regard.
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Año:
2023
ISSN:
1989-4570
Ortega Giménez, Alfonso
Área de Derecho Internacional Privado - Universidad Carlos III de Madrid
Resumen
Western Sahara ceased to be under Spanish sovereignty on February 26, 1976. Therefore, all citizens born in this territory before that date claim Spanish nationality. The Saharawis understand that they were born in an area which, at that time, was part of Spain. But justice does not think so, since, in June 2020, a ruling of the Supreme Court denied this theoretical right to the Saharawis and established that being born in Western Sahara before that date did not give the right to obtain the Spanish nationality of origin, as it was not considered to be national territory.
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