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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]

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]

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 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]

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]

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]

This paper examines how the principles of corporate social responsibility are included in the Colombian legal system. This is a descriptive and cross-sectional research based on qualitative data, which examines the legal regulation of CSR in Colombia, from the analysis of the principles of Global Compact grouped into four areas: human rights, labor, environmental and fight against corruption. It is concluded that the different aspects of CSR are regulated to a greater or lesser extent in the Colombian legal system, which shows that this is not, at least not entirely voluntary and that the regulation in this area as well as voluntary initiatives are appropriate and necessary, not contradictory, but are complementary instead. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to describe the degree of knowledge, use and perception citizens have towards two judicial institutions known as equity mediators and judges of peace. In order to assess this, a survey was applied to two different Justice Centers that operate in the city of Barren-quilla: 349 surveys for barrio Simon Bolivar and 301 for La Paz. Findings show that people are more familiar with equity mediators than with Peace Judges but there is a very low degree of usage of both institutions. Local government needs to develop active pedagogy dynamics and create workshops to determine the degree of receptivity the community has towards these institutions [ABSTRACT FROM AUTHOR]

As part of the transformation that has taken place in the family law regime towards the inclusion of same-sex couples, the Constitutional Court has played a central role and perhaps alone. This paper analyzes the main decisions of the Constitutional Court concerning standardization in the field of protection for same-sex couples, drawing from each building elements, most relevant jurisprudence. Thus I argue that through a variety of interpretive tools, the Court has instrumentalized its decisions to exercise political opportunity in the direction of the prevailing view, using the conditioning of the judgments of constitutionality. [ABSTRACT FROM AUTHOR]

This paper analyzes how the Colombian Constitutional Court in its jurisprudence includes references to case law of the European Court of Human Rights, in exercising its constitutional oversight and review of protection measures, analyzed from the incorporation of the principle of human dignity, which is considered a social foundation of our state and founding principle of the law. With this aim we present first, all referents concerning legal, doctrinal and jurisprudential universal and regional human rights protection systems; secondly, the constitutional development given in Colombia to the human rights issue and finally we analyze the sentences in which the Constitutional Court refers to the European Court on the scope of the principle of human dignity Statements that specifically refer to the protection of prison population. [ABSTRACT FROM AUTHOR]

In this paper, the author presents some considerations concerning the doctrinal debate introduced in Colombia in connection with contractual nature of companies and the criteria to which we must turn to qualify as civil or commercial. From corresponding legislative reforms he argues that it is now more accurate to refer to corporate legal business than to partnership agreement, since it supports the existence of a sole proprietor. It also lists the criteria used in Colombia to qualify commercial companies showing the way by which the regime has become corporate in this country, from the Code of 1971 to Act 1258 of 2008 on society by simplified stock. [ABSTRACT FROM AUTHOR]

The public contracting in Colombia is conflicting and inefficient. It frequently leads to the patrimonial damage to the State. Colombian legal system can not assure the efficient and transparent public contracting. The cause is the institutional environment characterized by high transaction costs. The Colombian law makes things worse by recognizing the principle of economic equilibrium of the public contracts. This principle augments the contract incompleteness and makes impossible the use of the economic incentives to control the opportunism of the economic agents. The authors present the hypothesis that the economic equilibrium principle increases the conflictive nature of the public contracting. They make the empirical test of the hypothesis. The first section of the paper presents the summary of the literature on the transaction costs economics, as well as the legal literature on the historical origin and the content of the economic equilibrium principle. The second section describes the methodology of the empirical study. The third section shows the empirical evidence of the effects that the economic equilibrium principle exerts over the public contracting. The last section presents the conclusions. [ABSTRACT FROM AUTHOR]

In this paper presents the theoretical and conceptual framework of research on community participation for citizen control of public services house in the neighborhood Forest District of Barranquilla. The work focuses on the areas of community involvement that the political Constitution and the Law 142, 1994 have opened for users of public services at home exercise social control over corporate borrowers of drinking water, sewerage, toilet, gas, energy and telephony. [ABSTRACT FROM AUTHOR]

The study of the intellectual property rights has been limited to establish mechanisms of protection for author's interests and in the legal benefits for the exclusive exploitation of their creations. More over the law and economics movement propose a new vision for these matter, looking for efficient systems to balance the author's particular interest in recover the invest made in their creation and the social interest in access to these novel creations This paper pretend to apply these new visions in the particular case of Colombian copyright law. [ABSTRACT FROM AUTHOR]

This article presents the summary of research results found in the doctoral thesis, which dealt with the object of responsibility of spouses in a society of property acquired during conjugal life. In this paper, the topic is approached from the point of view of responsibility as element of mandatory link and common property as its object. This approach was carried out in both Colombian and Spanish Law. In the latter, norms ruling external responsibility of profit society, specifically articles 1367 and 1365 of the Civil Code, are analyzed, being of special treatment each one of the assumptions established by these norms. In addition, these assumptions are analyzed with their respective application in the Colombian Law, establishing some vacuums in the norm ruling conjugal society in Colombia and a violation to the universal patrimonial responsibility because of the lack of alternatives which permit to force the dissolution of the Colombian conjugal society, in order to establish the actual patrimony of the spouse who individually has engaged in contract with a third party. [ABSTRACT FROM AUTHOR]