Pub Date : 2020-02-02DOI: 10.17981/juridcuc.16.1.2020.09
Olga Suárez Landazábal, Francis Yrama Araque Barboza
The article reviews the changes in the contemporary family by analyzing the impact of the demographic increase of the elderly on the family organization. It is based on a thematic narrative dissertation of national and international theoretical postulates on family manifestations and their members based on a documentary-bibliographic methodology. The epistemic perspectives gathered here weave points of encounter between law, demography, and sociology, with the great tendencies of population change. There is evidence of a tension between the needs of the elderly and their inalienable rights in a family network affected by the absence of an ethic for the shared common good. The human rights of the elderly in the area of family life are promoted from an axiological perspective.
{"title":"Derechos humanos del adulto mayor en el ámbito familiar colombiano en el marco del envejecimiento demográfico","authors":"Olga Suárez Landazábal, Francis Yrama Araque Barboza","doi":"10.17981/juridcuc.16.1.2020.09","DOIUrl":"https://doi.org/10.17981/juridcuc.16.1.2020.09","url":null,"abstract":"The article reviews the changes in the contemporary family by analyzing the impact of the demographic increase of the elderly on the family organization. It is based on a thematic narrative dissertation of national and international theoretical postulates on family manifestations and their members based on a documentary-bibliographic methodology. The epistemic perspectives gathered here weave points of encounter between law, demography, and sociology, with the great tendencies of population change. There is evidence of a tension between the needs of the elderly and their inalienable rights in a family network affected by the absence of an ethic for the shared common good. The human rights of the elderly in the area of family life are promoted from an axiological perspective.","PeriodicalId":40796,"journal":{"name":"Juridicas CUC","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2020-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42388561","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-01-22DOI: 10.17981/juridcuc.16.1.2020.05
N. M. Artemov, L. Arzumanova, A. A. Sitnik, Yulia Leontyevna Smirnikova, S. Zenin
Sergey Zenin Kutafin Moscow State Law University (MSAL) (Russian Federation) zeninsergei@mail.ru . Para citar este artículo: Artemov , N., Arzumanova, L., Sitnik, A., Smirnikova, Y & Zenin, S (2020). El modelo de regulación legal de la circulación de monedas virtuales: La investigación sociológica y legal. JURÍDICAS CUC, 16(1). 127–144. DOI: http://dx.doi.org/10.17981/juridcuc.16.1.2020.05 . . JURÍDICAS CUC, vol. 16 no. 1, pp. 127–144. Enero Diciembre, 2020
{"title":"The legal regulatory model of virtual currency circulation: A socio-legal study","authors":"N. M. Artemov, L. Arzumanova, A. A. Sitnik, Yulia Leontyevna Smirnikova, S. Zenin","doi":"10.17981/juridcuc.16.1.2020.05","DOIUrl":"https://doi.org/10.17981/juridcuc.16.1.2020.05","url":null,"abstract":"Sergey Zenin Kutafin Moscow State Law University (MSAL) (Russian Federation) zeninsergei@mail.ru . Para citar este artículo: Artemov , N., Arzumanova, L., Sitnik, A., Smirnikova, Y & Zenin, S (2020). El modelo de regulación legal de la circulación de monedas virtuales: La investigación sociológica y legal. JURÍDICAS CUC, 16(1). 127–144. DOI: http://dx.doi.org/10.17981/juridcuc.16.1.2020.05 . . JURÍDICAS CUC, vol. 16 no. 1, pp. 127–144. Enero Diciembre, 2020","PeriodicalId":40796,"journal":{"name":"Juridicas CUC","volume":" ","pages":""},"PeriodicalIF":0.6,"publicationDate":"2020-01-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45538593","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-10-11DOI: 10.17981/juridcuc.15.1.2019.11
E. Kirillova, V. Bogdan, I. Lagutin, E. Gorevoy
This article using critical analysis discusses the legal status of smart contracts, their features and characteristics, and the possibility of introducing this category into the legal field. The main goal of the study is to determine the legal status of smart contracts. The study concludes that a smart contract is a program code based on blockchain technology, which, by legal characteristics, is a legally significant message recorded in a language (artificial language) and sealed with an electronic digital signature of each of the parties (or certified with a special key). It is proved that the multilateral interactions implemented through smart contracts can reduce the costs of operations and control them, increase the speed of operations and reduce the risks associated with dishonest actions of the parties, minimize or completely exclude intermediaries from the transaction; therefore, legislation should provide for the possibility of using smart contracts along with existing contracts.
{"title":"Legal status of smart contracts: features, role, significance","authors":"E. Kirillova, V. Bogdan, I. Lagutin, E. Gorevoy","doi":"10.17981/juridcuc.15.1.2019.11","DOIUrl":"https://doi.org/10.17981/juridcuc.15.1.2019.11","url":null,"abstract":"This article using critical analysis discusses the legal status of smart contracts, their features and characteristics, and the possibility of introducing this category into the legal field. The main goal of the study is to determine the legal status of smart contracts. The study concludes that a smart contract is a program code based on blockchain technology, which, by legal characteristics, is a legally significant message recorded in a language (artificial language) and sealed with an electronic digital signature of each of the parties (or certified with a special key). It is proved that the multilateral interactions implemented through smart contracts can reduce the costs of operations and control them, increase the speed of operations and reduce the risks associated with dishonest actions of the parties, minimize or completely exclude intermediaries from the transaction; therefore, legislation should provide for the possibility of using smart contracts along with existing contracts.","PeriodicalId":40796,"journal":{"name":"Juridicas CUC","volume":"1 1","pages":""},"PeriodicalIF":0.6,"publicationDate":"2019-10-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67527707","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-27DOI: 10.17981/JURIDCUC.14.1.2018.12
F. R. Serpa, Nelhiño Bolaño Miranda, Gloria María Algarín Herrera
This article deals with evidence as linked to the perennial search to find the absolute truth on the part of the State’s jurisdiction in its epistemological effort for rational evaluation of the evidence of facts. However, from the inductive method, the present work had the purpose of determining ―in spite of the infinite difficulties of reaching such a pretension― the doctrinal developments that converge in the mission to reach a relative truth, or a procedural truth that abandons the effort for the true truth. Regardless of the cognitive difficulties, this qualitative study demonstrates that this is possible through the theory of the preponderant probability, which leads to the conclusion that the truth of the facts can be reconstructed through the means of evidence and, with it, reach a relative truth reinforced in degrees under the preponderant probability schemes.
{"title":"De la valoración racional de la prueba en la verdad procesal a la teoría de la probabilidad preponderante","authors":"F. R. Serpa, Nelhiño Bolaño Miranda, Gloria María Algarín Herrera","doi":"10.17981/JURIDCUC.14.1.2018.12","DOIUrl":"https://doi.org/10.17981/JURIDCUC.14.1.2018.12","url":null,"abstract":"This article deals with evidence as linked to the perennial search to find the absolute truth on the part of the State’s jurisdiction in its epistemological effort for rational evaluation of the evidence of facts. However, from the inductive method, the present work had the purpose of determining ―in spite of the infinite difficulties of reaching such a pretension― the doctrinal developments that converge in the mission to reach a relative truth, or a procedural truth that abandons the effort for the true truth. Regardless of the cognitive difficulties, this qualitative study demonstrates that this is possible through the theory of the preponderant probability, which leads to the conclusion that the truth of the facts can be reconstructed through the means of evidence and, with it, reach a relative truth reinforced in degrees under the preponderant probability schemes.","PeriodicalId":40796,"journal":{"name":"Juridicas CUC","volume":"14 1","pages":"259-286"},"PeriodicalIF":0.6,"publicationDate":"2018-11-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44892912","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-11-07DOI: 10.17981/JURIDCUC.14.1.2018.11
Joaquín Ordóñez, Enrique Uribe Arzate, L. Ordoñez
In this paper, the theory of the “prohibited limits” and the concept of “human security” are reviewed, and its main theoretical categories are analyzed in order to identify the existing relationship between both, as well as their differential and coincidental aspects. This review was made based on a documentary methodology from both an analytical and synthetic point of view. Theoretical aspects were considered to distinguish the close relationship between both categories, hence, allowing a better understanding of the social phenomenon of human insecurity. The findings show that there is a cognitive relationship between the properties of the prohibited limits and human security as objects of knowledge. In addition, the regularity in the relationshipsbetween each of these objects and their properties were acknowledged, leading to the categories of causality and substantiality. The foregoing allows proposing the theory of the prohibited limits as source and sustenance of human security. Keywords: prohibited limits, human security, theory of knowledge
{"title":"El “coto vedado” como sustento de la seguridad humana desde la teoría del conocimiento","authors":"Joaquín Ordóñez, Enrique Uribe Arzate, L. Ordoñez","doi":"10.17981/JURIDCUC.14.1.2018.11","DOIUrl":"https://doi.org/10.17981/JURIDCUC.14.1.2018.11","url":null,"abstract":"In this paper, the theory of the “prohibited limits” and the concept of “human security” are reviewed, and its main theoretical categories are analyzed in order to identify the existing relationship between both, as well as their differential and coincidental aspects. This review was made based on a documentary methodology from both an analytical and synthetic point of view. Theoretical aspects were considered to distinguish the close relationship between both categories, hence, allowing a better understanding of the social phenomenon of human insecurity. The findings show that there is a cognitive relationship between the properties of the prohibited limits and human security as objects of knowledge. In addition, the regularity in the relationshipsbetween each of these objects and their properties were acknowledged, leading to the categories of causality and substantiality. The foregoing allows proposing the theory of the prohibited limits as source and sustenance of human security. Keywords: prohibited limits, human security, theory of knowledge","PeriodicalId":40796,"journal":{"name":"Juridicas CUC","volume":"14 1","pages":"233-258"},"PeriodicalIF":0.6,"publicationDate":"2018-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47373338","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-10-26DOI: 10.17981/juridcuc.14.1.2018.10
Abraham Zamir Bechara Llanos
This work aims at presenting the reader the common features that outline the concept of action research, not only to establish the basic elements that describe this research model, but also to establish a rough look that allows a critical review from the pedagogical stance in order to establish theoretical and practical tools that enable the construction of a scenario for their legal application. The approach for this study, besides being reflective, will tend to establish a dialectic confrontation between reality and communities so as to achieve a response in the practical experience of the researcher. To do so, two main topicswill be expounded: (i) action research: common elements for a critical discussion; and (ii) action-research applied to legal research.
{"title":"Investigación-acción-jurídica: escenarios para una investigación activa y crítica en el Derecho","authors":"Abraham Zamir Bechara Llanos","doi":"10.17981/juridcuc.14.1.2018.10","DOIUrl":"https://doi.org/10.17981/juridcuc.14.1.2018.10","url":null,"abstract":"This work aims at presenting the reader the common features that outline the concept of action research, not only to establish the basic elements that describe this research model, but also to establish a rough look that allows a critical review from the pedagogical stance in order to establish theoretical and practical tools that enable the construction of a scenario for their legal application. The approach for this study, besides being reflective, will tend to establish a dialectic confrontation between reality and communities so as to achieve a response in the practical experience of the researcher. To do so, two main topicswill be expounded: (i) action research: common elements for a critical discussion; and (ii) action-research applied to legal research.","PeriodicalId":40796,"journal":{"name":"Juridicas CUC","volume":"14 1","pages":"211-232"},"PeriodicalIF":0.6,"publicationDate":"2018-10-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42451312","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-10-23DOI: 10.17981/JURIDCUC.14.1.2018.08
J. Cortés
The agreement between the State and members of the FARC-EP resulted in the legislative act 01 of July 31, 2012 as a legal area that provides a constitutional scope and sets guidelines for the post-conflict. The objective of this article is to analyze the recognition of military victims in the framework of the Transitional Justice. In order to do so, the legal rules regarding victims and restorative justice will be identified. In addition, the mechanisms of truth, justice and reparation will be introduced. Finally, it will be established whether it is possible to include the military as victims. Through observation and documentary analysis, this work will be clarified based on Judgment C-370 (2006).
{"title":"Implicaciones del reconocimiento de las víctimas militares en el marco de la justicia transicional colombiana","authors":"J. Cortés","doi":"10.17981/JURIDCUC.14.1.2018.08","DOIUrl":"https://doi.org/10.17981/JURIDCUC.14.1.2018.08","url":null,"abstract":"The agreement between the State and members of the FARC-EP resulted in the legislative act 01 of July 31, 2012 as a legal area that provides a constitutional scope and sets guidelines for the post-conflict. The objective of this article is to analyze the recognition of military victims in the framework of the Transitional Justice. In order to do so, the legal rules regarding victims and restorative justice will be identified. In addition, the mechanisms of truth, justice and reparation will be introduced. Finally, it will be established whether it is possible to include the military as victims. Through observation and documentary analysis, this work will be clarified based on Judgment C-370 (2006).","PeriodicalId":40796,"journal":{"name":"Juridicas CUC","volume":"14 1","pages":"167-186"},"PeriodicalIF":0.6,"publicationDate":"2018-10-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43323182","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-10-17DOI: 10.17981/JURIDCUC.14.1.2018.07
M. D. L. Torre
The crime of money laundering is a social problem worldwide that is present in all economic sectors where financial activities take place. To determine which financial sectors are used to carry out this crime, several bibliographical sources were used, basically studies carried out by international organizations specialized on this subject. Mainly, the permanent need for regulatory delimitation was considered. The objective of this research was to determine if there is adequate regulation and systematization in the respective financial sectors where the financial activities are performed. In addition, the analysis of the recent regulations issued in Ecuador was conducted, obtaining as a result the criminal liability of the officials from the obligated parties to report when the fulfillment of their control obligations provided by law is omitted. However, the different national regulatory bodies have issued broad and even excessive regulation for each of the economic sectors.
{"title":"Utilización del sector financiero para el lavado de dinero: perspectiva desde la legislación ecuatoriana","authors":"M. D. L. Torre","doi":"10.17981/JURIDCUC.14.1.2018.07","DOIUrl":"https://doi.org/10.17981/JURIDCUC.14.1.2018.07","url":null,"abstract":"The crime of money laundering is a social problem worldwide that is present in all economic sectors where financial activities take place. To determine which financial sectors are used to carry out this crime, several bibliographical sources were used, basically studies carried out by international organizations specialized on this subject. Mainly, the permanent need for regulatory delimitation was considered. The objective of this research was to determine if there is adequate regulation and systematization in the respective financial sectors where the financial activities are performed. In addition, the analysis of the recent regulations issued in Ecuador was conducted, obtaining as a result the criminal liability of the officials from the obligated parties to report when the fulfillment of their control obligations provided by law is omitted. However, the different national regulatory bodies have issued broad and even excessive regulation for each of the economic sectors.","PeriodicalId":40796,"journal":{"name":"Juridicas CUC","volume":"14 1","pages":"145-166"},"PeriodicalIF":0.6,"publicationDate":"2018-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47814665","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-10-10DOI: 10.17981/JURIDCUC.14.1.2018.06
Fernando Luna Salas
This legal-reflective work, developed from a qualitative perspective with a literature review, aims at analyzing the rational attitude of judges regarding the scientific nature of the evidence. This paper sets out the difficulty encountered during the judiciary labor of justice administrators when evaluating the scientific evidence presented in different legal proceedings, since a set of extrajudicial information is required for that purpose. In most cases, this knowledge is non-existent. As a result, the judge is led to blindly trust what it is specified by the experts in their reports, thus, opening a door into the process to flawed evidence and allowing legal proceedings to be solved without a real assessment of them or the suitability of the expert.
{"title":"El mito del cientificismo en la valoración de la prueba científica","authors":"Fernando Luna Salas","doi":"10.17981/JURIDCUC.14.1.2018.06","DOIUrl":"https://doi.org/10.17981/JURIDCUC.14.1.2018.06","url":null,"abstract":"This legal-reflective work, developed from a qualitative perspective with a literature review, aims at analyzing the rational attitude of judges regarding the scientific nature of the evidence. This paper sets out the difficulty encountered during the judiciary labor of justice administrators when evaluating the scientific evidence presented in different legal proceedings, since a set of extrajudicial information is required for that purpose. In most cases, this knowledge is non-existent. As a result, the judge is led to blindly trust what it is specified by the experts in their reports, thus, opening a door into the process to flawed evidence and allowing legal proceedings to be solved without a real assessment of them or the suitability of the expert.","PeriodicalId":40796,"journal":{"name":"Juridicas CUC","volume":"14 1","pages":"119-144"},"PeriodicalIF":0.6,"publicationDate":"2018-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48677167","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-10-10DOI: 10.17981/JURIDCUC.14.1.2018.09
A. Godoy, Milton Arrieta-López, S. Noli
The conciliation as an alternative conflict resolution method was conceived as a positive opportunity for parties to settle their conflicts in a peaceful and concerted manner with the presence of an impartialthird party without decision-making power, but with attributions to address and assertively seek an agreement which will be stated in a conciliation act. However, since the implementation as a procedural requirement, the objective is to discuss if conciliation can be understood as a certain opportunity to protect effective judicial protection or as a simple procedure derived from the law. Based on the statistics of SICAAC on the Atlantic Coast, we can conclude that the benefits of conciliation as an alternative dispute resolution method have not yet been sufficiently internalized by society. The methodology used is the documentary, bibliographic and critical analysis review, when consulting, reviewing and analyzing doctrine, jurisprudence and documentary information originated by the Ministry of Justice.
{"title":"Análisis de la conciliación extrajudicial civil en la Costa Atlántica colombiana","authors":"A. Godoy, Milton Arrieta-López, S. Noli","doi":"10.17981/JURIDCUC.14.1.2018.09","DOIUrl":"https://doi.org/10.17981/JURIDCUC.14.1.2018.09","url":null,"abstract":"The conciliation as an alternative conflict resolution method was conceived as a positive opportunity for parties to settle their conflicts in a peaceful and concerted manner with the presence of an impartialthird party without decision-making power, but with attributions to address and assertively seek an agreement which will be stated in a conciliation act. However, since the implementation as a procedural requirement, the objective is to discuss if conciliation can be understood as a certain opportunity to protect effective judicial protection or as a simple procedure derived from the law. Based on the statistics of SICAAC on the Atlantic Coast, we can conclude that the benefits of conciliation as an alternative dispute resolution method have not yet been sufficiently internalized by society. The methodology used is the documentary, bibliographic and critical analysis review, when consulting, reviewing and analyzing doctrine, jurisprudence and documentary information originated by the Ministry of Justice.","PeriodicalId":40796,"journal":{"name":"Juridicas CUC","volume":"14 1","pages":"187-210"},"PeriodicalIF":0.6,"publicationDate":"2018-10-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43886490","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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