Examinando por Materia "Investigación jurídica"
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- PublicaciónAcceso abiertoAnálisis comparativo de la causa extraña en materia de responsabilidad civil en los ordenamientos jurídicos de Colombia y Chile(2017) Yabur León, Jairo Felipe; Rivera Ocampo, Gloria StellaThe present article is endowed with multiple confrontations between the legal systems of Colombia and Chile, is born as a product of comparisons of the jurisprudential and doctrinal treatment that is given to the figure of the strange cause, so, the main objective will be to perform a comparative analysis of the development that the legal systems of that countries give to a same figure, in this case the strange cause in matters of civil liability. The methodology applied in this research work is qualitative, following the guidelines of the researcher Eumelia Galeano. In a first order and of referential form, going to be established some definitions and generalities about the neo roman family, civil liability, and the strange cause, this process will allow us to have a better understanding of the subject to be treated. Later we will inquire about the way that the strange cause operates in the mentioned countries; in the expansion phase the comparative analysis will be developed in the subjects that are disaggregate from the strange cause, which will be submitted as a specific topic of confrontation between the legal traditions of Colombia and Chile, where the fruit of this conflict alleviate us when it comes to understanding, first, the variants about a common theme of two legal systems belonging to the western tradition of the Neo-Roman legal family and, secondly, to identify the qualities of the application of the strange cause as analyzed in the legal system of Colombia or Chile, converting the analysis into an exercise that will have as objective the obtaining of utilities that we can find on the strange cause in both countries.
- PublicaciónAcceso abiertoLa decisión judicial y las reglas de la argumentación desde la teoría de la argumentación de Neil Maccormick(Universidad de San Buenaventura, 2016) León Scarpeta, Sara Natalia; Paredes Escobar, María Juliana; Ortiz Bolaños, LilianaThe purpose of this research is to approach to Neil MacCormick’s argumentation theory, which is part of the tradition of the law of English origin, which in turn is drawn from the empiricism. In its nuclear elements (principle of universality, coherence, consistency and consequentialist arguments), MacCormick’s theory of argumentation, determines parameters that lead to reasonable legal decision, pursuant to a bivalence between dogmatic demands own rules, legal principles and real-world experiences. In understanding this theory should be noted that the key role is the study of easy and difficult cases. The use of practical reason leads us to think in logical arguments or formal correctness or in practical human actions that lead to achieving not justify arbitrary arguments, in the court decision. Finally, a critical analysis is performed to determine if these parameters set forth in MacCormick’s theory of argumentation, are sufficient for a correct ruling.
- PublicaciónAcceso abiertoResponsabilidad jurisdiccional del estado por aplicación de la carga dinámica probatoria en materia penal bajo la égida de la Ley 600 de 2000(2016) Marulanda Delgado, José Bayron; Valencia Cárdenas, SusanaThe present article is the result of the analysis of different orders of the Criminal Chamber of the Supreme Court of Justice of Colombia, which has applied the doctrine called "dynamic load evidence" in processes judged under Law 600 of 2000, and responsibility that this implementation can generate the state. With the understanding of guarantees like presumption of innocence and in dubio pro reo, is concluded that the doctrine mentioned breaks them, hence it is possible to impute responsibility to the State for jurisdictional error.
- PublicaciónAcceso abiertoLa simulación de los negocios jurídicos como fuente de delitos en Colombia(2017) González Díaz, Luis Eduardo; Villa López, Pablo Andrés; Ruiz González, Carlos ArturoThe article presents a synthesis of the main aspects that must be taken into account when analyzing, interpreting and applying the legal simulation in relation to the crime of falsehood in a private document, including both the jurisprudential positions and that of the main Colombian or foreign doctrine writers as Bernate Ochoa, Acosta Madievo, Tapias, Baquero, among others. In addition, it makes a journey from its antecedents, going through its conceptualization, location, classification and current regulation, until arriving at the effects that it produces; Analyzing in the same way, rulings that have been uttered by the Supreme Court of Justice of our country in relation to this issue. Before addressing these institutions, the article will explain the theory of the differential association hypothesis elaborated by Sutherland (1940) in his book White Collar Crimes, where the author distorted the classic criminal theories that associated criminal acts with people of low resources and other pathologies like the lack of education and recreation. The author explains with his theory that it is not relevant the socioeconomic status to evidence the criminal behavior of people, but that you are learned to commit a crime according to the favorable or unfavorable definition that they gave to certain behaviors.