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The paper analyses two state aid investigations of the European Commission that involve prominent clubs in the Spanish football, through the exposure of the factual circumstances that caused them and the substantial elements that are needed to solve them. Thus, paper's goal is comparing the theoretical and practical matters about anticompetitive state aid, through the Spanish football case. After the review of them, the document pulls out different conclusions than the European Commision ones on it's resolution about the case. [ABSTRACT FROM AUTHOR]

This paper seeks to expose how the ideas of social law circulated in the late 19th and early 20th centuries between Europe and America. To do this, this text shows, with some generalizations for reasons of space, the German, French, Italian, Spanish, American and Latin American case, to make clear how this Atlantic communication of academic ideas and social rules operated. Furthermore, this paper aims to demonstrate that, although there was a global circulation of social ideas in law, it cannot be lost sight of how these ideas were received locally, in such a way that one cannot be studied without the other, an aspect that this article called "glocalization" of social law. [ABSTRACT FROM AUTHOR]

The Business Judgment Rule (BJR) is a rule developed by the case law of the American courts that establishes that judges will respect directors' business decisions, as long as they made an informed decision, in the best interest of the company and without violating the law or breaching their fiduciary duties. This paper reviews the application of the BJR in Colombia and the unsuccessful bills presented on this matter. In addition, it aims to analyze the economic implications of its adoption and, through a qualitative methodology and from a law and economics perspective, demonstrates its significant macroeconomic and microeconomic benefits. [ABSTRACT FROM AUTHOR]

In this paper we will develop a comparative study of labor models that we will categorize as coherent, incoherent and mixed, based on their interpenetration with the postulates of the right to freedom of association derived from ILO Conventions 87 and 98, and the realization of two objects of analysis: the freedom of constitution, size and structural organization of the union and the union interaction based on the solidarity strike. For this purpose, a descriptive and explanatory research is carried out, using a dogmatic methodology -classical of the legal sciences- and the systematic, analytical and factual sub-methods. To this extent, we will conclude which are the main errors of the labor models in the search for the principles and ideals of unionization and some comments on the reasons why certain legal instruments that remain anchored in the nineteenth century survive, at a time when the recognition and protection of the collective subject of labor should be at its peak. [ABSTRACT FROM AUTHOR]

The concept of De-facto Director, whose declaration is attributed to judges, is a reality in Colombian corporate law. Without in any way claiming to exhaust the subject matter, this paper pretends to reflect on the orientation and application of current legal regime of de-facto director in a deductive form. To do so, it first analyses the application of the concept; and, then, it studies judgements passed by the Superintendence of Corporations, in exercise of its judicial function, regarding this notion, by extracting the jurisprudential standards built from the case-law, which have facilitated the incorporation of the most advanced stances regarding this topic into our corporate law system. [ABSTRACT FROM AUTHOR]

Jürgen Habermas has argued that the political concept of human rights derives in the loss of the explosive political force of this doctrine. This paper gives account of such criticism making use of the tools available in the philosophy of law. Specifically, from the idea of rights in general and what this paper will label its positional and descriptive dimensions. [ABSTRACT FROM AUTHOR]

This paper addresses the concept of human dignity on the Colombian legal system and the problems of this concept for the construction of a right-based system. In this order, the paper analyzes the pressure that human rights discourse has putted on the modern criminal systems, connected to an exclusive view of human dignity, which has helped the expansion of the power of the State to punish and leaded to legitimate a harsher criminal law. Starting from jurisprudence, fundamental rights theory and by human dignity as limit for the power of the State to punish, the paper studies the content of the 1st Article from the Colombian penal code, particularly analyzing the specific guarantees that could be derived from the different aspects of human dignity: as perimeter of human behavior, as equality mandate, as autonomy in the life project design and, finally, as protection of intangible goods such as physical and moral well-being. The limits for the criminal law derived from the guarantees built from human dignity are part from the 1st Article of Colombian penal code and are ties that works on the creation of criminal laws and on the sentencing process. [ABSTRACT FROM AUTHOR]

Since the end of the last century, advances in reproductive biotechnology have reached milestones at the time unimaginable. These techniques have allowed to overcome the barrier of infertility of various etiologies, providing solutions in an area of incalculable value to humanity, such as reproductive capacity and, consequently, the significance of its loss. With all this, there is still a pathology that poses a special challenge, not only biomedical, but bio-legal, because existing alternatives besides few leave no one indifferent. This is uterine pathology as it can cause infertility. Adoption has been pointed out as the only option to have children on the part of those affected by such pathology, in a process that presents itself arduous, since national and international regulations, as well as adoption programs, are long and costly for women and couples interested in it. In addition, it is an option that involves the renunciation of biological and genetic motherhood in order to fulfill the dream of motherhood with its own genes. Uterine transplantation, as an alternative to the future, currently presents challenges and conflicts in various fields: medical-surgical, bioethical and social. The objective of this paper is to analyze from an essentially bioethical and biojuridical perspective, the theoretical options existing for the treatment of uterine infertility, and in particular in relation to living-donor uterus transplantation and the technique called "uterine surrogacy". Emphasizing the importance of conflicting values in the face of uterine transplantation. [ABSTRACT FROM AUTHOR]

This paper carries out a comparative study between the legal questions that surrogate pregnancy raises in Spain and in Brazil. Surrogate motherhood is a reality achieved thanks to the advances in biomedicine and that undoubtedly requires a response from legal science. In the world scene, this technique receives different legal treatments: some countries authorize it without restrictions, others prohibit it, in others it is allowed with restrictions and in others there is a legislative vacuum. The importance of studying the two systems, the Spanish and the Brazilian, lies in confronting totally different realities. [ABSTRACT FROM AUTHOR]

This paper addresses ex officio evidence as a tool to achieve the truth in judicial processes, safeguarding material justice, and, as a legal and constitutional duty of the judge, who, as director of the process, and, through sound criticism, must establish in which cases the decree of this test is necessary to remedy decisive doubts towards a decision, doubts that were not resolved by the parties, despite diligent work to bring together the means of proof that support their affirmations or denials. The objective of this article is to reflect on the ex officio test as a legal figure, through which the protection of rights is achieved in an specific case. First, the concept of 'procedural or judicial truth' is briefly described from the doctrine; second, a doctrinal and jurisprudential approach is made on the role of ex officio evidence in the judicial process; and finally, cases resolved by the Constitutional Court are described, in which due process was violated, due to the omission of the unofficial decree of the evidence. The used methodology was mainly based on documentary and jurisprudential review. [ABSTRACT FROM AUTHOR]

Consumer law has been evolving at an accelerating pace, with a certain hermeneutic task, not entirely consistent, due to the need to comply with the basic principle of consumer protection. Although the consolidated legal solution leads us to declare the relative nullity of the multi-currency clauses, this research paper aims to reflect on whether the teleological and hermeneutic interpretation to reach the current solution is consistent with our legal order. Therefore, we will expose how the legal grounds of classic contractual law are being undermined, specifically: the doctrine of nullity and the principles of conservation of legal business and contractual integration. [ABSTRACT FROM AUTHOR]

In an analytical perspective, this paper proposes arguments that support the idea that in the Civil Code system, invalidity is different from nullity. Thus, despite that the concepts of invalidity and nullity are closely related, they are not identical. Indeed, they are different notions, since invalidity (based on power conferring rules) is a concept prior to nullity, and operates without a judgment. Moreover, the first is a requirement to establish the second. The ideas supported in this paper are consistent with the historical origin of the institution, and with several articles contained in the Civil Code. [ABSTRACT FROM AUTHOR]

Bogotá has its own regulatory design, which is different from other territorial entities in Colombia. This is due to its character of Capital of the Republic and of the Cundinamarca Department, and its socio-economic and physical complexities. However, although this design is clear in some respects, there are inaccuracies in the use of language that have resulted in an incomplete application, as well as reviews and claims that exceed both the model itself, as to present configuration options under the institutional framework. To clarify this confusion, this paper explores both the design and the particular application. Also, taking into account the discussion, the institutional framework and the possibilities of its reconfiguration, this paper describes the redesign alternatives for the city, from different administrative phenomena and territorial organization that are part of our administrative system, and organization experiences of some of the most important Latin American cities. [ABSTRACT FROM AUTHOR]

La finalidad de este trabajo es analizar y discutir la importancia de la dimensión política de la rendición de cuentas vertical. Para ello, primero se expone que el principio de independencia de la representación ha generado una excesiva distancia los representantes y los ciudadanos. También se analiza que el ejercicio de la representación política tiene como límite la calidad de la representación. Para vigilar dicha calidad los ciudadanos deben contar con diversos mecanismos de rendición de cuentas. Este trabajo pretende mostrar que para que los ciudadanos sean tomados en cuenta por los políticos y juzguen la calidad de su desempeño se requiere el fortalecimiento de los mecanismos de rendición de cuentas verticales [ABSTRACT FROM AUTHOR]

This paper examines dogmatically and comparatively the burden of proof in the matter of costumer litigation from the recent amendment to the Chilean positive law in this regard. The problem of inequality of the parties in the access and production of evidence is a permanent problem in the costumer proceedings. The reform focuses on it to offer a mechanism to shovel that. It can be concluded by highlighting the positive aspects of incorporating evidentiary flexibility in an area such as that of the costumer proceedings. Now the introduced norm should be read following the distinction made on the load it imposes, which makes it possible to note that the final passage of the standard is consistent with the dynamic load variant of the test as a requirement for collaboration. This is so, because the company would be enough to provide the evidence it has, without relying on silence or the mere denial of the factual hypothesis held by the consumer, but would not bear the burden of clearing the uncertainty about the fact controversial, as the first part of the norm does. In synthesis, for this second manifestation of the analyzed rule, the producer must provide all the information that is in his power, but does not suffer the consequences of the uncertainty that can subsist once verified that active collaboration in the clarification of the facts. [ABSTRACT FROM AUTHOR]

This paper is an advance of research of a doctoral thesis on the scope of arbitration in Colombia and Spain. It states that, in the Colombian legal system, arbitration has a jurisdictional nature. In addition to being transitory judges, arbitrators have a wide margin of autonomy to choose the law applicable to the case. To this is added that, as it is a single instance process, subject only to the motion for annulment, which process for defects in form or procedure, there is no procedural way to question the substance of the decision. The research is descriptive and is done from the qualitative approach. The general objective of the article is to demonstrate that, despite the above, and to that idea was reached in the conclusions, the arbitrators are subject to the precedent of the Constitutional Court, by virtue of the principles of constitutional supremacy, consistent interpretation and legal certainty. The purpose of the article is to generate arguments so that, from the arbitration processes, the constitutional precedents are respected. [ABSTRACT FROM AUTHOR]

In this paper we study how the legal subject "homeless" (habitante de la calle) was created in Colombia, and how it allowed certain ways of governance in contemporary cities. Focusing on the Colombian case, we argue that contemporary forms of control were only possible when the subject 'homeless' was distanced from other concepts such as lazy, indigent or mad. Furthermore, we make an analysis of the legal frame and academic discourses that developed the new subject of government, and studied how they legitimized new forms of crime control and new ways of organizing urban spaces. In order to do so, a case study of Bogota has been conducted focusing on national and local regulations on the matter, as well as on the discourses on security, crime control and government of problematic populations in both scales of the state administration. [ABSTRACT FROM AUTHOR]

This paper analyzes the relationship that is present between the jurisprudence of the Colombian Constitutional Court (regarding the writ of tutela) during the twenty years that the Colombian Constitution has been in legal force, on the one hand, and the Coase theorem, proposed by the Nobel laureate Ronald H. Coase, on the other hand. The paper states that the Colombian Constitutional Court, although implicitly and without noticing, when considering efficiency as a criterion for deciding at least some of its cases and allocating rights that facilitates transactions between the parties to the lawsuit, has performed an analysis similar to the one that Coase explains in his paper "The Problem of Social Cost". [ABSTRACT FROM AUTHOR]

In order to increase the legal certainty of the international contract, the applicable law to international contract should be highly foreseeable. To reach it, the States have been implementing uniform substantive legislation and uniform conflict of law rules. However, domestic conflict of law rules, in countries such as Colombia, still unfortunately play a leading role. The hierarchy and application of these provisions represents a huge challenge for the Colombian´s courts. The main objective of this paper is to establish the criteria that the Colombian judge must follow to determine the applicable law to international sales contract. [ABSTRACT FROM AUTHOR]

This paper analyzes the public policies aimed at old age in the period 2003-2017 in Argentina, in a context of profound transformations in the social structure of the country, and in social and social security policies. It combines the theoretical and statistical analysis on the object of study, developing legal, economic and political aspects. First, the Argentine welfare system is characterized and put in its historical context. Then, a summary of the transformations in the Argentinian social structure that motivated the pension reforms is presented, and finally, the two most important programs of the period are specifically analyzed: the "Pension Inclusion Plan" and the "Universal Pension for the Elderly". The final considerations seek to account for the social and economic impact of the changes in the pension system in the period. [ABSTRACT FROM AUTHOR]

Throughout the XVI century, the legal institution of slavery spread across Nueva España, as people were imported from Africa. Whereas traditional historiography has emphasized the sociopolitical aspect of the slave rebellion in Veracruz led by Yanga, this paper aims to clarify the juridical implications of the conflict, as well as the defensive and diplomatic policies implemented by the vice-royal authorities. The pragmatically prudent and diplomatic initial attitude of Viceroy Luis de Velasco towards the rebellious slaves, to avoid unnecessary public spending, switched gradually to an aggressive policy of interior defense that culminated with the pact that gave origin to the first free town in the American continent, which had an ex gratia legal nature. [ABSTRACT FROM AUTHOR]

The goal of this research paper was to know why and how some countries allow political participation of children or adolescents. Thus, it is a comparative analysis of Argentina, Ecuador, Paraguay and Peru. Some possible answers were designed considering: domestic laws about the children's rights, public spaces for promoting their participation and the definition of some terms. And it was used three variables for analyzing political rights: the right to vote, to participate and to associate. Moreover, data analyzed was constitutions, specific laws, results of surveys applied by UNICEF, solicitudes on line to government from Paraguay and a literature review. As a conclusion, Argentina and Ecuador are the only countries that allow adolescents the right to vote. However, the laws, the political will of its rulers, and organizations of children and adolescents, are factors that allow the implementation of the political rights of children and adolescents in those countries. [ABSTRACT FROM AUTHOR]

This paper shows the role of forgiveness in a phenomenon that have to do to the way in that democracies face the crimes against humanity committed in dictatorships or armed conflicts are internal or external, and that we call transitional justice. Thus, the two dimensions of forgiveness are reconstructed: Interpersonal forgiveness and the political or state forgiveness. In the first, we talk about personal forgiveness, forgiveness from the victim. And in the second, a forgiveness which as its name indicates it is the State that grants for a summons to peace and national reconciliation. These two types of forgiveness will be in the light of the objective of transitional justice and difficulties will appear around it. [ABSTRACT FROM AUTHOR]

This paper presents an analysis on the involvement of the victim in the disciplinary process against State Armed Forces for serious human rights violations and humanitarian Law in Colombia, through review of disciplinary cases. For this, it is necessary to look of the criteria needed which should include the disciplinary process according to the Colombian Law and of the Inter-American Human Rights System, and the assessment made by the Court and Inter- American Commission on Human Rights of the disciplinary inquiries in the decisions that determine the responsibility of Colombia in order to show new elements that promote the discussion on the disciplinary law and allow effective involvement of the victim. [ABSTRACT FROM AUTHOR]

This paper discusses the resocialization as the main objective derived from the deprivation of liberty in Colombia, during its execution phase. For this, the difficult situation experienced by the Colombian prison system must be contextualized, which as it has been declared by the Constitutional Court, is an unconstitutional state of affairs, where human dignity rights of people deprived of their liberty, are seriously compromised. Within this reality that involves a strong overcrowding situation within the prison facilities, in turn also fosters an environment of violence, corruption and inequality, the supply and the access to resocialization programs is limited. The data obtained show on the one hand that the conditions are precarious and that recidivism rates are not inconsequential, which ultimately precludes the realization of rehabilitating purpose in practice, turning the punishment into an act which apparently is limited to play a role retributive and neutralizer. [ABSTRACT FROM AUTHOR]

This paper attempts to answer a question about the relevance on society participation in political and social affairs in Spain. The current economic and system crisis has led to rethink about democratic tools and one of them is abrogation referendum. The inclusion in the Constitution of this instrument of direct democracy is not easy but necessary. Throughout this brief investigation it has been necessary to understand the meaning of abrogative referendum in modern society and also identify new elements that may be applicable to the Spanish constitutional system. [ABSTRACT FROM AUTHOR]

The Maternity Leave has had a relatively favorable regulation in Colombia when compared to other countries in the region; however, when this benefit is compared with global standards, and even more important, with the biological and psychological needs of the minor, it can be deduced that Colombian regulation is still lacking for parents who just had, or are adopting, a child. Even so, to increase the time of paid maternity leave, or to give an unpaid leave for a longer time do not seem to be viable alternatives for the employee or the employer. Quantitative analysis of statistics of Dane and qualitative analysis of the Law, the literature and discourse analysis were conducted for this study. The results suggest that telecommuting might be a third option to increase maternity leave. Given its nature and special conditions telecommuting can become a tool that allows employees to stay home, near their families, while receiving compensation without suspending the labor contract; and at the same time, it allows the employer to have the services of the employee in an extended leave. The paper concludes with the suggestion of practices that might maxime the benefits of telecommuting to help workers to conciliate working conditions and family commitments. [ABSTRACT FROM AUTHOR]

This paper describes the rulings issued by Colombian's Constitutional Court on the rights of same-sex couples. The methodology used is based on descriptive research, including the review of documents, bibliographic sources, and case law. Results show how same-sex couples in Colombia have in recent years, through constitutional actions brought by them, extended recognition of their citizenship and acceptance of their diversity. The rulings on these constitutional actions have recognized their rights to be equal to those of heterosexual couples to create a family protected by the Constitution. We conclude by stating which rights have been granted and by presenting a body of case law that reflects the change in the Constitutional Court's rulings on this issue, which has in turn generated changes in different areas of law additionally, the influence of neo-constitutionalism in the court rulings that grant such rights is examined. [ABSTRACT FROM AUTHOR]

Since the late 1980s the concept of deliberative democracy has been defended and redefined by numerous renowned political philosophers. At the heart of this concept there is a conception of democratic legitimacy, under which all norms, institution or policy measure must be justified by a public deliberative inter-subjective process. This democratic model has emerged in response to the crisis of classic constitutionalism, which, based on aggregative conceptions of democracy, it has been criticized as illegitimate and ineffective. Meanwhile, deliberative democracy as an ideal regulative provides normative criteria from which to assess current, political institutions such as the constitutional review. Given this conceptual framework, the aim of this paper will be to explicit a deliberative multisited constitutional control design, apt for the complex political context in which contemporary democratic societies are inscribed. [ABSTRACT FROM AUTHOR]

From Spanish legal system's analytical perspective, this paper aim to explain that the damage caused in the legitimate exercise of the right to strike are not repairable as a tort. To reach this purpose, so-called lawful damages, and damages on the right to strike will be addressed, and the event in which they admit an indemnity for that purpose. [ABSTRACT FROM AUTHOR]

The present paper evidences the tendency of Constitution and Law generating agents towards a preference of a sanctioning model in the government's procurement regime of incapacities and incompatibilities and highlights its interest in punishing through administrative law in order to keep a straight tendency that seeks to nourish punitive policies in the legal establishment, reacting to social claims that expresses itself by means of mass media and social networks that demand efficient results from the state. Additionally, it's undoubtable that this approach by the legislation it's oriented by international organizations which Colombia wishes to permanently adhere, like the Organisation for Economic Co-operation and Development (OECD); a position that explains the recently approved improvements and projects aimed to make a structural review of the present government procurement market, like the one beholden by the Agencia de Contratación Colombia Compra Eficiente (CCE), that complies to same goal by pretending to replace the regime of incapacities and incompatibilities with a model of clampdowns and conflict of interests. [ABSTRACT FROM AUTHOR]

In its historic mission of limiting the power, constitutionalism reduces power to the State. In this paper I will present the process of concentration of power that took place during the first years of the government of Carlos Menem in Argentina: concentration of power in the President, and in the economic corporations. Against this background, the constitutional reform projects and the discussions preceding of the 1994 reform, they were concerned about the President's power but they forgot the power of private capital. [ABSTRACT FROM AUTHOR]

This paper describes the causes and the evolutionary process that has continued child labor in Mexico; however, exposure elements that identify the problem in the global context are taken up. In this regard, we emphasize that for some time the work of infants in the labor market was seen as a means to learn specific job and that this connotation has not ceased to exist, but now coexists with other trends associated with; it organized, such as prostitution, child pornography and crime tourism that is to say, activities closely linked to human trafficking. The aim of this study is to demonstrate the problem and the main practices of those who carry out such behavior, so there was need for the implementation of a focused interview, based on eight informants, in order to know the perception of people involved in this problem. After work, it is observed that the issue in question continues to grow in Mexico, a situation that is supported by the data provided by various institutions noting that Mexico currently ranks first in such behavior. [ABSTRACT FROM AUTHOR]

This paper reviews the profiles of constitutional prototypes derived from the French revolution and the independence of the United States, with the aim of identifying their matrix and guidance. One aspires to be a rule of political life, while the other is more ambitious and aims to be a plan for political life. [ABSTRACT FROM AUTHOR]

This paper analyzes the Colombian film Edipo alcalde (1996), for which starts with a summary of the film and exposes certain peculiarities of its technical information; then mentions his strengths and weaknesses to the critics; and continues to explicate the virtues that this films offers like a teaching medium for understanding several important phenomena for the humanities in general, and the philosophy of law, particularly. It also puts in evidence a wrong point of view form the traditional philosophy of law, with which Greek tragedies usually are interpreted, mainly Antigone and Oedipus Rex. This bias is very clear when it states, without more, that these two tragedies are the base of the modern philosophy of law, the one hand, and the support of the natural law, on the other. [ABSTRACT FROM AUTHOR]

The Colombian Constitution has a particular interest for the environmental issues. As part of it, the Constitutional framework includes the possibility to introduce international environmental norms to the Colombian legal system. As a general rule, the Constitution provides a process of ratification for international norms to make them part of Colombian legal system. But exceptionally, the Constitutional Court has recognized that some international norms could make part of the Constitution and at same normative level. This doctrine has been called as "block of constitutionality". In recent rulings, the Constitutional Court has held that some international environmental norms made also part of the Colombian Constitution and share the same legal hierarchy. This is precisely the case of the international environmental norm of the Precautionary Principle, for whom the Court has held expressly that it has a Constitutional status. Due to the implications of this recent holding to the Colombian and international environmental law, the present paper addresses the legal background of these jurisprudence, places it in a comparative perspective and suggests some perspectives from this seminal doctrine. [ABSTRACT FROM AUTHOR]

This paper is a scientific research that aims to demonstrate the role that taxes can play against the risks and ecological damages linked with petroleum activities. The work was essentially planned from a dogmatic legal vision. Thus, the goals were first to understand and then to explain the meaning of the current positive regulation on ecological taxes. The main conclusion asserts that if we need to prevent and mitigate is desirable to regulate ecological taxes whose fiscal burden do not be insignificant for subjects linked to petroleum activities. If we need to get funds to clean, rebuild or compensate is desirable to impose taxes that, beyond the degree of their fiscal burden, affect all subjects linked to any oil activity and allocate all or most of their collection to clean, restructure or compensate damages derived from petroleum pollution. [ABSTRACT FROM AUTHOR]

This reflection paper is the result of research carried out in the Group of Studies in General Public Law of the University of Tolima in the research State, Society and Law, in order to establish the differences in wage factors recognized in the Colombian legislation for public employees of the National and Territorial order and the possible extension of the wage system introduced for the second group of public employees who do not belong to the central part of the executive branch, pursuant to equality in employment relations. [ABSTRACT FROM AUTHOR]

Currently there is a need for effective legal protection for people with disabilities. From this perspective, in this research paper examines whether there is an adequate labor protection to the disabled person from physical, mental or sensory impairment in the Colombian legal system and whether the constitutional and legal provisions that mandate the protection of persons with limitations in their health, ensure the effective enjoyment of a decent life in the workplace. In this measure, a description of the concept disability, a study of the regulation that protects workers with limitations (as it has been called the norm to not be fired) and an interpretation of the positions on job stability assumes the case was made Supreme Court and the Constitutional Court, with respect to his health condition are at a clear disadvantage. It is concluded that the concept of physical, mental or sensory limitation should be understood in its broadest sense and not restricted to the concept of disability, which in the workplace involves a constitutional protection to all cases in which the worker is engaged or has a disease that prevents the normal course of their activities. [ABSTRACT FROM AUTHOR]

This paper discusses the enforceability of patent and trademarks licenses, ensuring the benefits of advertising such acts by the parties. Different legal systems treat the enforceability of these contracts are addressed. The main legal effects arising annotation licensing agreements, with special emphasis on the Cuban context. [ABSTRACT FROM AUTHOR]

This paper seeks to contribute to raise awareness of, and to contribute to the disclosure of rules often unknown which develops the right of women to live free of violence and discrimination, and to evidence the commitment of the State and its institutions to guarantee them and respect them as a human right. Hence, it discloses integrally related standards in Act 1257 of 2008, in line with the rules of labor law and social security health in Colombia, concisely, due to the requirements for publication, on the basis of international conventions that have been signed by Colombia. [ABSTRACT FROM AUTHOR]

In this paper, the application of rebus sic stantibus clause is revised in the purchase contract of future fruits from a crop in the form of rei emptio speratae, with the purpose of reviewing the legal nature (principle or general clause) and the structural elements of said clause; and assess its feasibility in the aforementioned contract, in accordance with the principle of good faith and the sui generis nature of that legal transaction which gives it the future character of its subject. The constitutional background of that general provision is also reviewed as reiteration of the Roman doctrine of person's primacy in the law. To perform the legal research, from a methodological point of view, a technique of thinking based on a problematic case study is adopted. [ABSTRACT FROM AUTHOR]

Este artículo es el resultado de una investigación cuyo principal objetivo fue analizar el acceso a la justicia en el mecanismo de solución de controversia previsto en el Tratado de Libre Comercio suscrito entre Colombia y Estados Unidos (TLC COL-USA) y su impacto en los sectores económicos colombianos. De esta forma, se analizó la temática a partir de la conceptualización teórica del acceso a la justicia construida a partir de la doctrina y de la jurisprudencia tanto colombiana como estadounidense, así como del análisis del Sistema de Solución de Controversias consagrado en el TLC y su relación con un agente del sector productivo colombiano especifico como son los microempresarios. [ABSTRACT FROM AUTHOR]

En este artículo presentamos los primeros resultados del trabajo de campo realizado en el marco de la investigación Narrativas de la violencia sexual en la guerra irregular en el Caribe colombiano: voces de homosexuales, transexuales, intersexuales, bisexuales y lesbianas, cuyo objetivo es narrar literariamente casos de violencia sexual perpetrados por los grupos paramilitares arraigados en esta zona del país contra la población LGTBI del Caribe colombiano. Para desarrollar nuestro propósito, en la introducción presentamos una breve reseña de los fundamentos teóricos de nuestra investigación; luego, en la sección "Una aguja en un pajar" narramos la difícil búsqueda de víctimas decididas a dar testimonio; en la sección "El territorio, el viaje y la música" describimos el contexto en el cual se realizaron las entrevistas que dieron lugar a las narraciones literarias que presentamos en la sección "Voces vivas y voces ausentes", para finalmente mostrar algunas de las conclusiones de esta segunda fase de nuestra investigación. [ABSTRACT FROM AUTHOR]

En la mayoría de países del mundo las marcas notoriamente conocidas son protegidas, probablemente debido a la existencia de tratados internacionales que han promovido su protección, como en efecto ocurre en virtud del artículo 6 bis del Convenio de París. No obstante, en las Cortes de Circuitos de Estados Unidos de Norteamérica el tema parece no ser del todo claro, pues existe cierta ambigüedad con respecto a si la protección de una marca notoriamente conocida extranjera se encuentra o no incorporada en la Lanham Act. Este artículo desarrolla la anterior problemática a partir de la pregunta inicial y en el proceso se aproxima a las principales doctrinas jurídicas que abordan el derecho de marcas de Estados Unidos, y concluye que por el momento existe un conflicto entre los tratados internacionales que ha suscrito Estados Unidos y el Lanham Act. [ABSTRACT FROM AUTHOR]

This paper analyzes the Freirechtsbewegung . Review and outlines its main tenets, all with the intention of revealing the similarities between them and contemporary theories of law, especially those arising under contemporary constitutionalism.. [ABSTRACT FROM AUTHOR]

This paper examines what is the strategy of incentives that takes two people to achieve the advantages of an efficient breakdown, based on the assumption that the marriage is, since the marriage market, inefficient and, therefore generates in the relationship and in the family environment more harm than good. [ABSTRACT FROM AUTHOR]

The principal objetive of this paper is to analyze possibilities and limits of production of the legal field of community justice in Colombia, particularly the development of equity conciliation processes into the context of social and population dynamics fractured by dispossession and forced displacement. The search is made from the previous investigations about case studies in the Caribbean Coast where were promoting equity conciliation processes, specifically in the areas of Loma de Peyé and Pozón, located in the city of Cartagena, and Siete de Abril and Bosque, located in the city of Barranquilla. [ABSTRACT FROM AUTHOR]

The discussion about whom and when rights are included in democracies, is an unresolved issue. Those who defend that the legislature should be the one guaranteeing these rights, argue on behalf of the popular origin of the parliament and the functions that the constitution grants; in the other side, the current detractors base their reviews on the fact that the legislature, by nature and origin, is linked to the public opinion which makes difficult for it to break off the trial of majorities, that sometimes goes against unrepresented minorities. Colombia, thanks to the judgment C-577 of 2011-in which the Constitutional Court ruled on the constitutionality of two expressions of the marriage contract-renewed interest in the rights of LGBTI (Lesbian, Gay, Bisexual, Transsexual/gender, and Intersexual) couples. While the Court recognized the discrimination hidden in the existence of an alternative way to shelter marital unions in this community, the problem is not solved, yet. Therefore, the Court called for the legislator to regulate the mater in a two year term, by the establishment of an equivalent possibility for LGBTI couples; otherwise, these couples will be able to go before a notary or a judge to formalize their union by a solemn contract. This article presumes that the legislature is the one in charge of the inclusion of the LGBTI community, and for this particular case, through the recognition of the right of these couples to join in marriage and form a family. In this sense, the aim of this paper is to demonstrate the elements that an inclusive legislation on the rights of LGBTI people requires, claiming the figure of the Parliament and its role within the Colombian democratic system. [ABSTRACT FROM AUTHOR]

This essay proposes an alternative narrative of the financial crisis that fifteen years ago occasioned the homelessness of thousands of mortgagors. Much has been said on this subject at this time. The Corte Constitucional, Consejo de Estado, Corte Suprema de Justicia, academics, constitucionalist, economist and debtor associations have examined the causes, consequences and effectiveness of the strategies from the government to solve the problem. Specifically, this paper was derived from the analysis of the experience of judges and magistrates who attended the judicial process of the obligations of UPAC. These judges refused the ordering the termination of court proceedings given by the Corte Constitucional being aware of the precarious situation of housing debtors. Consequently, many borrowers lost their homes despite the protection committed by the high Court, but why the judges refused to apply these judgments? [ABSTRACT FROM AUTHOR]