Search

Copyright of Estudios de Derecho is the property of Estudios de Derecho and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Themis: Revista de Derecho is the property of Themis Asociacion and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista CES Derecho is the property of Universidad CES and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista E-mercatoria is the property of Universidad Externado de Colombia, Departamento de Derecho Comercial and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Propiedad Inmaterial is the property of Universidad Externado de Colombia, Centro de Estudios de la Propriedad Intelectual and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article approaches a topic that has acquired great practical relevance in Cuba for the growing development of the contractual relationships and the existent modifications starting from the promulgation of the Ordinance-law n.° 288 of October 28th 2011 and Decree 320 of December 31st 2013: the simulation of the juridical business, especially of the sale and purchase under the appearance of a donation contract that previously, for prohibitive reasons, sought to be achieved through other juridical businesses. The objective of the present investigation is to base the possible validity of the feigned sale and purchase contract, starting from the existent doctrinal and legal suppositions. The work will follow a qualitative methodology by means of the use of methods and technical characteristic of a social investigation, of juridical type, like the historical-logical one, the exegetical-analytic and the artificial comparison methods. The main result consists of the proposal of the dogmatic budgets that establish the possible validity of the feigned sale and purchase once declared null the feigned donation business that served as a mask. [ABSTRACT FROM AUTHOR]

Copyright of Pensamiento Jurídico is the property of Universidad Nacional de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Temas Socio-Jurídicos is the property of Universidad Autonoma de Bucaramanga, UNAB and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Justicia Juris is the property of Universidad Autonoma del Caribe and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In this document, we will discuss the concept and background of the principle of the autonomy of the will with the purpose of demonstrating its validity and current applicability in Colombian private law. Likewise, we will explain the general contractual liability clause of individuals, established in the famous article 1602 of the Code of Bello of 1873, in addition to the principle to which we refer in the title of the present essay, to conclude in full force and utility. It should be noted that it is not the purpose of this article to exhaust the study of the topic since such a claim would require a more significant number of pages, as well as another academic scenario different from the one that today calls us. Instead, it tries to introduce the reader into this exciting legal world of the general theory of legal business and, in particular, in the theory of contract as a fundamental notion of the general theory of civil obligations. [ABSTRACT FROM AUTHOR]

Copyright of Themis: Revista de Derecho is the property of Themis Asociacion and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The subject of the present article is the recently amended article 160.f of the Capital Corporations Act, which is analysed in depth not only with respect to the new competency attributed to General Meetings in connection with essential assets, but also with regard to the very concept of an essential asset, how this can be accredited, and the consequences in law of entering into legal business in breach of the said precept. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Derecho Privado (0123-4366) is the property of Universidad Externado de Colombia, Departmento de Derecho Civil and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The usufruct of shares is regulated in Colombia by the Commercial Code articles 410 y 412, and in Argentina is regulated by article 218 of the Law 19.550 of Commercial Societies. The applicability of this figure in practical cases is difficult because shares represent a variety of economic and political rights, and besides this, a express pact of this negotiation has consequents on the society that emits the shares. Due to the importance of the joint stock companies for the law and the national economy, it becomes evident the need of analysis from the theory of the juridical business. [ABSTRACT FROM AUTHOR]

The amphibology of the silence is a classic topic in the theory of the juridical act, elaborated as a legal supraconcept or Oberbegriffby the German Pandectist in view of the Roman sources. For the Roman jurists of silence phenomenon and its interpretation takes place when the tacens observes an inactive conduct, lacking in movement, so that, of his attitude, his will can not be derived in one way or another, if the silence is accompanied by a gesture that clarifies, we face a tacit declaration of will (facta concludentia; facta concludi voluntas ex quibus potest). (facta concludentia; facta ex-quibus voluntas concludi potest). The silence, out of the cases of simple or absolute silence (that takes place when about the one that he keeps silent it does it against an express legislative mandate or a judicial order), raises always a problem of juridical interpretation and the fundamental question is if the silence, out of the cases regulated by the law, the custom or a consolidated jurisprudential interpretation, can use as assent. Said differently, what was collected in the juridical Roman sources a general theory applicable to all the cases of silence and, if so, in what cases and with what conditions? The negative thesis is based on a text by Paulo, collected directly in the Digest: qui tacet non utique fatetur, sed tamen verum est eum non negare. It means that whoever is silent, says nothing, neither confirms nor denies. The affirmative opinion is based -between other arguments- on an axiom of canonical origin, opposed to the previous one, which has acquired a great social force: whom silence, is consent, and that derives the canonical legal rule: qui tacet, consentire videtur. The truth is that both rules were received by the doctrine and the medieval practice and of there they went on to the common Law and to the modern Law, invoked by the doctrine of different epochs as one more argument in favour of his respective opinions. Equally, they influenced notably in the interpretation of the Roman sources and the later doctrinal and in subsequent doctrinal and juriprudential conception of silence as well as the positive regulation adopted as some modern Codes. [ABSTRACT FROM AUTHOR]

This work is part of a broader investigation into the current general theory of contracts, from the changes that have occurred in this legal Institute in recent years. It analyzes in particular - taking as leiv motiv the preliminary draft of the code Civil y Comercial Argentino - the tendency to unify the contracts, to prioritize an attitude that well can be called a "Constitutionalist" by the judges in applying the law, the reference to the sources of the law, etc. [ABSTRACT FROM AUTHOR]

The spread of cultural consumption, which may be symptomatic of a gradual and general decline in education standards, has prompted much of legal thinking to privilege the «cultural» dimension of religious art over its religious dimension as such. Given this context, the legal nature of religious artworks is explored here using the methodology of a historical-legal, regulatory and jurisprudential perspective. This paper is framed by issues of intentionality and author copyright, the productive will(s) enacted in the legal transaction underlying a given artwork's creation, as well as the social perception of artistic production in different historical periods. In addition to concerns relating to property rights and the ranking or prioritization of criteria as regards current use(s), the purpose of this paper is to establish the essential legal elements of religious artworks as such. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Derecho Privado (0123-4366) is the property of Universidad Externado de Colombia, Departmento de Derecho Civil and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Saber, Ciencia y Libertas is the property of Saber, Ciencia y Libertad and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Ars Boni et Aequi is the property of Universidad Bernardo O'Higgins, Facultad de Derecho y Comunicacion Social and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Ibero-Latinoamericana de Seguros is the property of Pontificia Universidad Javeriana and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)