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- PublicaciónAcceso abiertoAnálisis del Decreto Único Reglamentario 1076 de 2015 en materia forestal, frente al principio de seguridad jurídica(Universidad de San Buenaventura, 2018)In the year of 2015, within the policy of the government in charge, it was proposed the goal of made to issue 21 statutory single decrees whose content would compile the total of existing regulatory decrees and divided by each sector or subject that is regulated. This is how decree 1076 of 2015, the sole regulatory decree of the environmental sector, whose objectives preach the search for the efficiency of the legal system and the strengthening of legal security; this last fundamental principle, based on certainty and security, for the maintenance of the legal system and the state itself. Although these were the proposed objectives, from the time of their issuance there were serious failures in the normative technique criteria that should have been taken into account in the compilation and construction process of this norm. In view of these aspects, the present study seeks the sole regulatory decree 1076 of 2015, on forestry matters, from the normative technique to determine if this decree is made or on the contrary it violates the principle of legal security, because it is of vital importance that a norm that refers to the Colombian environmental matter, gives confidence to the population and order to the Colombian legal system already quite saturated with norms and contradictions.
- PublicaciónAcceso abiertoEndoso en usufructo de un pagaré: análisis legal y doctrinal sobre su procedencia y legitimación(Universidad de San Buenaventura, 2019)In Colombia, the legal regime of negotiable instruments does not expressly contemplate the legal possibility of lien such instruments with usufruct, as it does with respect to other mercantile goods such as shares, however, such figure is not prohibited either, so it is possible to analyze the characteristics of those instruments to determine if they are compatible with the usufruct. However, even accepting that it is possible to lien a promissory note with usufruct, several questions arise regarding the legitimation of the legitimate holder of said instrument, especially about the way in which it can be made effective by judicial means, since it is not clear if a compulsory joinder with the legal owner, or on the contrary, the beneficial owner can demand the negotiable instrument independently, generating legal uncertainty due to unsureness. In this report, it is proposed, first, to analyze the legal possibility of endorsing in usufruct and, later, to elucidate the characteristics of the legitimate holder's legitimacy of a promissory note endorsed in that way, through observation of the law and doctrine.
- PublicaciónAcceso abiertoEl criterio de agregación de valor en los procesos de reorganización empresarial de la ley 1116 de 2006(Universidad de San Buenaventura, 2018)The reorganization processes created by Law 1116 of 2006, constitute a truly valuable measure to economically recover those companies in a crisis situation, and can be considered viable again, under the criterion of value aggregation, as ordered in the first article of Law 1116 of 2006,however, today does not apply the aforementioned criterion, and it is evident the ignorance of the meaning of the concept of value in this part of the norm, and how it is added in these recovery processes.Therefore, the purpose of this study is to provide regulatory effectiveness to that part of the first article of insolvency law 1116 of 2006, providing new knowledge within the field of bankruptcy law, bringing tools and concepts from the financial field, which allow us to understand what is the value of their aggregation as a criterion of mandatory compliance during the business reorganization processes.
- PublicaciónAcceso abiertoEximentes de culpa patronal en accidentes de trabajo según la Corte Suprema de Justicia colombiana(Universidad de San Buenaventura, 2019)The following investigation presents the jurisprudential analysis executed given the Supreme Court of Justice’s manifestations in its Labor Court, with the purpose of identifying the exemptions of the employer’s guilt assumed by this high court in the labor accidents matter. The approach of the doctrinal development follows the concept of responsibility known as: third party’s event, victim’s event, force majeure and fortuitous case. In consequence it’s determined that the Supreme Court of Justice in its Labor Court, along with its providences has provided the labor law, specifically the working accidents, the same exemptions of the civil liability.
- PublicaciónAcceso abiertoAnálisis concomitante de la situación de la población desplazada en el municipio de Buenaventura (departamento del Valle del Cauca) en el período comprendido entre los años 2011-2017(Universidad de San Buenaventura, 2018)The Colombian Pacific, has been a region very affected by an armed conflict that just until 2016, it was reduced with Peace Agreement, for that reason recently it is under reconstruction, after a war that left approximately eigth millions victims. One of the strongest phenomenon of violence is the forced displacement, where families are forced to escape from the violation of their Humans Rigths. To overcome this situation, the State has designed a Care Route, wich strengthens institutions, as the Unit for Comprehensive Care and Reparation for Victims and the Public Department's Office, to restore the rights of victims. With this research, four key points of the situation of the displaced are tackled, beginning with how the armed actors operate, wich the victims are, what damage they have, and what is the intervention of the State Institution.