López Donaire, Mª Belén
Gómez Díaz-Romo, Antonia
Cáceres Luarte, Natalia
The present article has as its object to analyse the notion of Temporary Union of Vendors in the Chilean law, since its inclusion in the Procurement Act in 2015. Its scarce regulation, in addition to its limited application have diminished its importance, making its practical application very difficult. That is why reforms seem to be necessary so as to achieve the objective pursued by the legislator, thereby promoting the development of small and medium enterprises within the public procurement regime.
López Toledo, Purificación
Public procurement regulations have evolved towards cross-cutting objectives such as environmental, social and labor issues of environmentally sustainable and socially responsible public procurement. The UE evolution culminated with the approval of Directive 2014/24/UE, on public procurement, and in Spanish legislation Law 9/2017, of November 8, on Public Sector Contracts. In this paper we analyze the most relevant environmental and social aspect of the new Law in the contracting phases.
Cea Ayala, Angel
Within the different modifications established in the scope of the public sector contracting incorporated to our right through the law 9/2017, of November 8, it is important to highlight the reforms carried out in the matter of the resolution of the contracts, some of which has extraordinary importance. We are before a cause of termination of contracts as stated in Article 209 of the new law that considers as such, compliance and termination of the contract. The main purpose of this commentary is to offer an overview of these reforms as well as their comparison with the legal situation prior...
Castillo Freyre, Mario; Sabroso Minaya, Rita; Castro Zapata, Laura; Chipana Catalán, Jhoel
El Decreto Legislativo Nº 1071, que es la norma que regula el arbitraje en el Perú, se refiere a la figura de las relaciones jurídicas estándares, que es, en realidad, la manifestación de la contratación en masa. En ese sentido, a través de este ensayo vamos a realizar un análisis de esta figura propia de los contratos, y cómo es que esta se relaciona con el contenido del artículo 15 de la Ley de Arbitraje.
Cusi Rimache, Jhon Eber
Being immersed in the discussion of the problems of preventive prison opens the door for a question
not only technical but as a constitutional enclave. Legal criminal consequences are only constitutionally
valid after facts and not after presumptions. In that sense, a problem arises when a
legal consequence is applied when assessing the procedural risk considering presumptions breaking
clearly established laws. The presumptions open a non-objective expansion and facing such
expansion until finding a truly exceptional application is only achieved with a comprehensive
analysis of the procedural risk. Procedural risk cannot be assessed on the basis of assumptions but
of objectivity as stated by the law (article...
Vega Muñoz, Alejandro; Salinas Galindo, Cynthia Milena
One of the main challenges to innovate in Public Management at the South American level is related
at creation and management of quality knowledge regarding Public Affairs. Role that should
be assumed in the reference centers of the different countries, who should establish mechanisms
to improve their role, based on a comparison with the countries of reference at the international
level. This work, after a scientiometric study of longitudinal cut, with information of publications
of principal articles mainstream, indexed on Web of Science (ex-ISI) in the categories of Public
Administration and Political Science, analyzing indicators of the production of science around
the public affairs of both Chile...
Díaz Ocampo, Eduardo; Antúnez Sánchez, Alcides Francisco
This paper examines the conflict of competence between the ordinary jurisdiction and the native
jurisdiction and the processes that take place between the two jurisdictions as from the Constitution
and the legal development in Ecuador. From this analysis it is clear that the ordinary
jurisdiction has global competence on the conducts carried out within indigenous territory and
in consequence its punitive power after the acknowledgment of the right of a person from an
indigenous community to a jurisdiction and to be judged by their own authorities, in accordance
to their rules and procedures and within their own territorial environment in order to guarantee
the respect to the...
Shinno Pereyra, Vanessa Elizabeth
El presente trabajo centra sus objetivos en establecer si existe una pérdida de la patria potestad en los procesos de autorización de viaje de menor, debido a que el niño, niña o adolescente reside en otro país y no tiene contacto directo con uno de sus padres.
Martínez, Adriana Norma; Porcelli, Adriana Margarita
Economic growth, industrial development and modern technologies have led to increased consumption
of goods and services at the expense of depletion of natural resources, allowing the
widespread loss of ecosystems and putting at risk the very existence of the planet. In the face of
this stage, certain lines of thought, which, in contrast with those in force, favor the recognition
of rights to nature and to all living beings, not as things, objects of human appropriation, but as
populations or “cities” with their own characteristics, extending to forests, marshes, mountains
and rivers that house all types of humans and non-humans.
The present work is part of a...
Rodríguez Mackay, Miguel Ángel
This is not a subjective title. The international system is dynamic and heterogeneous and in such
frame the international affairs science acts in order to understand the international phenomena
produced in the said international system. Since the Westphalia Peace times, the world experimented
diverse processes about the behavior of the actors of the international system. Great deal
of the international community’s history is the history of its actors, who have classically been the
conventional ones. The interdependent world in which we are living, has seen this classic international
process impaired because of the appearance of actors dissociated from the international
system called unconventional actors which burst in...
Platero Alcón, Alejandro; González González, María José
This work will reveal the legal situation in Spain, in relation to the abusive nature of certain
clauses in mortgage contracts. These clauses are detrimental to the mortgage consumer, the clearest
example of which is the so-called floor clauses, that is, those that limit the variable interest
rate. Judgment of the Supreme Court 241/2013 of 9 October established the abusive character
of the ground clauses, but as will be explained later, generated a great controversy regarding the
effects of this declaration, discrepancies, settled by the Judgment of the Court of Justice European
Union of 21 December 2016.
Yanqui Machaca, Luis Rubén
The author considers that the endless academic discussion regarding the autonomy of the money
laundering crime has focused on extreme positions, thus confusing the legal operator. He also
considers that there are ways of making both positions (extreme positions) compatible, taking
into account the effectiveness of the administration of justice and criminal, procedural and constitutional
guarantees. In this sense, the author develops an intermediate position on the basis of
two constitutional principles: the principle of legality and the principle of necessary imputation.
Arévalo Vela, Javier
This paper analyzes the nature of the Labor Union Law as a legal discipline studying the labor
unions, collective bargaining and strike.
The author considers “reasonable” to apply the “civil death” (civil interdiction) to the persons sentenced
for corruption crimes who refuse to pay civil reparations owed to the State. “That is, civil
death will be perpetual until the debt to the State is paid”. It is not a matter of “imprisonment
for debt” as stated by Dr. César San Martín Castro, current Supreme Judge, due to the fact that
the reparation is not a debt but a legal obligation resulting from the commission of an offense
that caused damage to the State. It is therefore absolutely feasible to constitutionalize the civil
death in order to guarantee and...
Juárez Muñoz, Alberto
The crime of disobedience and resistance to the authority is established in the article 368 of the Peruvian Criminal Code, which sanctions the conduct of an individual who does not comply with or obstruct the order set by the authority due to the exercise of its functions. These criminal figures aim to fight the obstructive behavior of the parties against the executive acts of the public administration, which sets the government system in motion in order to achieve the proper function of the public administration and the common good for the people. A marked difference exists between the figures of...
Ponce Rivera, Carlos
The evidence, its offering and assessment are some of the most sensitive points in the process in
general and, in particular, in the administrative procedure. This is so because the reason of the administrative
procedure is to initiate the activity of the government administration based on duly
proved facts and is even more important in the sanctionatory procedure where liberties of people
are restricted when a resolution imposing a sanction is executed. For this reason, it is of vital importance
to understand the nature of the evidence in the administrative sanctionatory procedure
based on the fact that the due procedure is an expression of the fundamental...
Lorca Martín de Villodres, María Isabel
Happiness has been linked to justice since ancient times, particularly since the beginning of Greek Classical Thought. However, nowadays the importance of happiness can surprisingly be found again in political speech, which makes us think about it, and obviously it is worth doing. Happiness could be considered as a main principle of the Social State. This idea obliges us to look carefully into happiness in our Constitutions. It is thought that only in a democratic society, where social rights have been developed, can citizens get a dignified life, so that they are able to look for happiness. Without a dignified...
Guevara Elizalde, Robert
The Criminal Procedural Institution analyzed on this essay, is studied as a guarantee for the defendant in a trial after which he received a conviction. It guarantees that the Superior Court cannot aggravate the conviction imposed and appealed by the defendant. This paper examines its historical appearance, its full exercise and the cases by which its abolition is set in Ecuador.