0000000000546303
AUTHOR
Belén Lama Gálvez
La participación de los niños en el juicio de familia. El mito del Derecho a ser oído
This work analyzes the participation of children and adolescents in family trials, taking as a parameter the norms of the Convention on the Rights of the Children and other international instruments, which guarantee the right of the child to be heard in judicial proceedings in to resolve matters that concern him. The authors start from the basis that since the entry into force of the Convention and the paradigm shift of the child as a subject of law, the participation of children and adolescents, should be understood as a subjective right that each child can exercise or not, in consideration of their progressive autonomy and best interests. Therefore, the family court must consider it as pa…
Inexistencia y nulidad en el derecho chileno
The discussion around the theory of non-existence in Chilean law presents different positions. There are those who are in favor of conceiving non-existence as a sanction and many who strongly deny it; and even some innovators who take an eclectic position on the subject. Likewise, the Chilean Superior Courts of Justice have not agreed on this issue, and there are rulings that accept the theory, reject it, or simply confuse it.