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1
artículo
The purpose of this paper is to glimpse as the Tax Law is inserted in the unit of general law, being important for understanding the knowledge of public and private law in general.In the second part of the paper, the author analyzes how private law applies to the financial subsidiary way through forwarding making the tax law itself or by express provision of the civil. He emphasizes in this introduction as dogmatic construction of the tax liability, originated and rationale in civil liability.Finally the author explains how general principles of law necessarily apply to financial law. Thus, the principles of good faith, breach of law, and the doctrine of estoppel, are universal principles applicable to every right and inexcusably financial and tax law.
2
artículo
The purpose of this paper is to glimpse as the Tax Law is inserted in the unit of general law, being important for understanding the knowledge of public and private law in general.In the second part of the paper, the author analyzes how private law applies to the financial subsidiary way through forwarding making the tax law itself or by express provision of the civil. He emphasizes in this introduction as dogmatic construction of the tax liability, originated and rationale in civil liability.Finally the author explains how general principles of law necessarily apply to financial law. Thus, the principles of good faith, breach of law, and the doctrine of estoppel, are universal principles applicable to every right and inexcusably financial and tax law.
3
artículo
Publicado 2025
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The labor disconnection is a right that entitles the worker to disconnect from any electronic device and avoids communication or work orders outside working hours. The objective of the study was to examine the labor right to digital disconnection in the relationship of dependence with the employer in Ecuador. The approach is qualitative, descriptive. The design is documentary. The information was collected through a bibliographic review, using scientific and academic databases, such as: Dialnet, Google Academic, Scielo, Scopus, Redalyc, among others. The results reveal that there is a violation of the labor right to digital disconnection, although there is a legal framework, there is no specific legal regulation for its application. It is concluded that, in Ecuador there is a norm that regulates digital disconnection, however, there is a lack of structure in its procedure and application...
4
artículo
Publicado 2022
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This article deals with the relationship between forestry sciences and justice with the aim of enriching the theoretical and operational framework of forestry sciences and of contributing to a better relationship between society and its forests. For this purpose, a specialized bibliographic review is carried out and complemented by contrasting it with the forestry reality in Peru. This shows that -from a forestry discipline perspective- forestry sciences consider that they do not have much to do with the issue of justice, which would correspond to other fields of knowledge. However, different types of justice are an integral part of their theory and practice when forests are understood as socio-ecosystems, a product of coupled systems that include forests, society and culture. The strongly anthropocentric conception of forestry science, which translates into public administration and for...
5
artículo
Publicado 2022
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This article deals with the relationship between forestry sciences and justice with the aim of enriching the theoretical and operational framework of forestry sciences and of contributing to a better relationship between society and its forests. For this purpose, a specialized bibliographic review is carried out and complemented by contrasting it with the forestry reality in Peru. This shows that -from a forestry discipline perspective- forestry sciences consider that they do not have much to do with the issue of justice, which would correspond to other fields of knowledge. However, different types of justice are an integral part of their theory and practice when forests are understood as socio-ecosystems, a product of coupled systems that include forests, society and culture. The strongly anthropocentric conception of forestry science, which translates into public administration and for...
6
artículo
Publicado 2020
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It is generally considered that competition is normatively desirable due to its effects on the creation and distribution of economic resources. Nonetheless, determining its impact on the innovation rate is a highly complex issue.This article analyses the most relevant aspects of that link and its consequences for competition law. In this regard, the author explores the literature on the relationship between innovation and competition, and appraises the issues create by innovation on antitrust’s structuralist tradition and the setting of its substantive standards.
7
artículo
Publicado 2020
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It is generally considered that competition is normatively desirable due to its effects on the creation and distribution of economic resources. Nonetheless, determining its impact on the innovation rate is a highly complex issue.This article analyses the most relevant aspects of that link and its consequences for competition law. In this regard, the author explores the literature on the relationship between innovation and competition, and appraises the issues create by innovation on antitrust’s structuralist tradition and the setting of its substantive standards.
8
artículo
Publicado 2021
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Two of the family conflicts that most affect children are family violence and the separation of the parents (whether they are married or not): in these cases, the need arises to decide which of them will have custody of the minor children or if it will fall on both of them. Thanks to the formula of shared custody, which we analyze in this paper, the children can have a greater enjoyment of the presence and care of both parents, who have the best conditions to define the most appropriate custody regime for their children according to their particular circumstances. The exercise of shared custody by separated parents is more effective if they have reached an agreement. The judge are going to ratify or not the agreement established by the parents as he considers or not suitable for the welfare of the child or adolescent. The custody must be ruled by the greatest benefit of children and not ...
9
artículo
Publicado 2022
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The aim of this article is to study the relationship between the principle of sustainable development in international law and climate change. In the first place, the evolution of the concept of sustainable development is analyzed through the study of the different United Nations Conferences on Enviroment and Development (Earth Summits); as well as some treaties that contain elements of the concept. This allows us to deduce that sustainable development has been incorporated as a principle in different areas of international law. Second, climate change is examined in light of the Climate Change Convention, the Kyoto Protocol, the Paris Agreement and the SDGs, focusing on the principles related to sustainable development.
10
artículo
Publicado 2020
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When the couple has an international dimension due to some foreign element, eitherbecause of the different nationality or residence of its members or because of the location invarious States of the goods that compose its patrimony, etc., it is highly desirable to lay downharmonized rules for achieving uniform solutions to any problems that might arise. In doingso, legal safeguard is enhanced and the freedom of movement of the international couples isextremely favored. In order to achieve those objectives, the Council Regulations (EU)2016/1103 and 2016/1104 were promulgated, whose full implementation has taken placeearly 2019 and, even though they were conceived within the European Union, are aimed atspouses and domestic partnerships from anywhere in the world in their subjective aspects.
11
artículo
Publicado 2024
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The present work fills a frequent gap in bioethical literature, which tends to be more focused on patient rights (especially autonomy) and physician duties. From a more interpersonal, bioethical, and legal perspective, this work highlights the forgotten aspects of the doctor-patient relationship to balance the positions of the parties. For this purpose, following a historical introduction, the human significance of the doctor-patient relationship is examined. This is then compared with a list of human rights and ethical-legal standards (taken from another work), as well as with some current regulations. In this way, the main rights of the doctor and the duties of the patient are systematically analyzed. This new approach highlights some forgotten aspects of this relationship, such as: the patient’s primary duty to take care of themselves, their duty to collaborate with medical work, an...
12
artículo
Publicado 1978
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When analyzing the problems of government, the exercise of power, or the constitution from the perspective of constitutional law, the intersection with topics studied by political science becomes evident. This has generated a series of issues regarding the relationship between the two fields, questioning the autonomy of these disciplines. Therefore, the present work aims to clarify the relationship between constitutional law and political science. To this end, human experience and social links are developed, with the purpose of conceptualizing and characterizing political phenomena. In addition, the conception and purpose of Constitutional Law are explored. This framework will highlight the social and legal phenomena that link them. With this, it is concluded that Constitutional Law and Political Science should be used together to achieve a better understanding of the problems they share...
13
artículo
Publicado 1978
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When analyzing the problems of government, the exercise of power, or the constitution from the perspective of constitutional law, the intersection with topics studied by political science becomes evident. This has generated a series of issues regarding the relationship between the two fields, questioning the autonomy of these disciplines. Therefore, the present work aims to clarify the relationship between constitutional law and political science. To this end, human experience and social links are developed, with the purpose of conceptualizing and characterizing political phenomena. In addition, the conception and purpose of Constitutional Law are explored. This framework will highlight the social and legal phenomena that link them. With this, it is concluded that Constitutional Law and Political Science should be used together to achieve a better understanding of the problems they share...
14
artículo
In this article, the author addresses the issue of net neutrality and its relationship with freedom of speech. Specifically, he studies if net neutrality policies that operate ex ante regulations really have an important and supportive role in the protection of freedom of speech on the internet. Thus, the aim is to review certain premises that support the current regulations that rule net neutrality and the other fundamental rights with which these regulations collide. In that way, the article gives a conceptual framework of the actors in cyberspace; later, it presents the arguments with which net neutrality has been connected with freedom of speech; and, finally, the author makes a critic about the importance that has been given to net neutrality in the protection of freedom of speech and the possible collisions ...
15
artículo
In this article, the author addresses the issue of net neutrality and its relationship with freedom of speech. Specifically, he studies if net neutrality policies that operate ex ante regulations really have an important and supportive role in the protection of freedom of speech on the internet. Thus, the aim is to review certain premises that support the current regulations that rule net neutrality and the other fundamental rights with which these regulations collide. In that way, the article gives a conceptual framework of the actors in cyberspace; later, it presents the arguments with which net neutrality has been connected with freedom of speech; and, finally, the author makes a critic about the importance that has been given to net neutrality in the protection of freedom of speech and the possible collisions ...
16
artículo
The relationship between democracy and human rights are often progressive, in contrast to corruption, a historical phenomenon that poses regressive conditions. Establishing a link between these three concepts necessarily leads us to an attempt to reinforce democracy, as well as a desire to make human rights more effective. Therefore, reducing the harmful effects of corruption is now an urgent task for every Government, and from then on, to constantly rethink the measures needed to be taken. These are urgent challenges.
17
artículo
The relationship between democracy and human rights are often progressive, in contrast to corruption, a historical phenomenon that poses regressive conditions. Establishing a link between these three concepts necessarily leads us to an attempt to reinforce democracy, as well as a desire to make human rights more effective. Therefore, reducing the harmful effects of corruption is now an urgent task for every Government, and from then on, to constantly rethink the measures needed to be taken. These are urgent challenges.
18
artículo
Publicado 2019
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The right to confidentiality of the medical relationship as a manifestation of the constitutional right to privacy has not merited sufficient treatment in the country. That is why in this article we try to explain the nature of this right and the place it occupies in the health system. In that sense, its main characteristics, its exceptions are outlined, highlighting three of them, and the challenges it has in the country.
19
artículo
Publicado 2009
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This paper addresses the exercise of the lawyer's professional ethics within the framework of an employment relationship. To this end, the author develops the notions of power of direction and the right of resistance; in addition, the author also analyzes the exercise of the legal profession in congruence with the deontological obligations. The author begins the article by developing the concept of employment relationship and the obligations derived from an employment relationship with respect to the professional practice of law. In this sense, the author analyzes the lawyer's ability to face ethical dilemmas in his profession using examples on the acceptance and waiver of sponsorship, problems related to professional secrecy and, finally, the duty to avoid conflicts of interest.
20
artículo
Publicado 2009
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This paper addresses the exercise of the lawyer's professional ethics within the framework of an employment relationship. To this end, the author develops the notions of power of direction and the right of resistance; in addition, the author also analyzes the exercise of the legal profession in congruence with the deontological obligations. The author begins the article by developing the concept of employment relationship and the obligations derived from an employment relationship with respect to the professional practice of law. In this sense, the author analyzes the lawyer's ability to face ethical dilemmas in his profession using examples on the acceptance and waiver of sponsorship, problems related to professional secrecy and, finally, the duty to avoid conflicts of interest.
