Search results for " which"
showing 10 items of 103 documents
Sociología, Derecho y desigualdades sociales. Una propuesta de docencia universitaria crítica
2019
Fil: Di Nella, Dino. Universidad Nacional de Río Negro. Río Negro, Argentina. Fil: Almeda, Elisabet. Universidad de Barcelona. Catalunya, España. Fil: Camps Calvet, Clara. Universidad de Barcelona. Catalunya, España. Fil: Giordana, Patricia. Universidad Nacional de Río Negro. Río Negro, Argentina. Fil: Loggiacco, Camila. Universidad Nacional de Río Negro. Río Negro, Argentina. Fil: D'Alfonso, Luis. Universidad Nacional de Río Negro. Río Negro, Argentina. Critic education in human rights and social inequalities must be able to capture holistic and mutidmiensional sphere that Human Rights requires. This study introduces the basis in which critic university teaching proposal is carectarized by…
La reproducción asistida y la filiación. Especial referencia al caso de las parejas de mujeres homosexuales
2018
This paper analyses, in general, the evolution that has had the art. 7.3 LTRHA since its introduction by the Act 3/2007, 15 march. In that way, it shows which has been the legislator´s solution about the use of assisted reproduction tecniques by homosexual women couples. Likewise, it studies which resolutions on the matter have been more relevant in the last years. All this, to set out the legislator´s failure and the need to reformulate the filiation regime in face of the challenge that assisted reproduction implies.
La constitución del parlamento en caso de presuntas irregularidades electorales: Comentario a la stedh de 10 de julio de 2020 : Caso mugemangango c. …
2021
The ECHR analyzes, through this judgment, a claim based on the violation of the rights to free elections and to an effective remedy, the origin of which is found in a series of alleged electoral irregularities. The national body that had to resolve this issue was not impartial, and the complaint procedure lacked adequate and sufficient guarantees
Different approaches to marriage downgrading : from an anti-elusive measure to an antidiscriminatory claim
2021
The essay focuses on the different mechanisms of marriage downgrading. Given the principle of ?cross-border continuity? of statuses, limits to this continuity are sometimes admitted and they are placed through downgrading mechanisms. That can occour in the case of same-sex marriages transcription in a Member State which does not allow such marriages, but which does allow samesex registered partnerships. Downgrading mechanism has an anti-elusive function, but it is not without problems in terms of discrimination on the grounds of sexual orientation. A different approach is taken in the case of an opposite-sex couple requesting the downgrading of their marriage, celebrated before the Member S…
Consideraciones sobre la cláusula irph a la luz de sus antecedentes y de la doctrina consolidada del tribunal de justicia de la union europea
2021
By issuing its judgment of March 3, 2020, the Court of Justice of the European Union (CJEU) has terminated the last episode in the evolution of the IRPH index to which almost a tenth of mortgages have been referring. in Spain, compared to the rest that the Euribor takes as a reference, declaring in essence that consumers will be able to go to court to declare the abusiveness of the clause that the aforementioned index contains in the deeds of constitution of the mortgage. To understand the scope of the current situation, it is convenient to consider even briefly what the IRPH consists of and the consequences that its application has entailed for the affected consumer borrowers, taking into …
Property and cross-border couples from the perspective of European regulation
2021
The family property regimes constitute a relevant sector of the EU regulatory framework strongly connected with fundamental rights policies. Family property offers specific issues which need to balance individual rights with general interests, especially in matter of real estate property. The fragmentation of the discipline in EU Family law, the diversity of the domestic rules regarding rights in rem requires a large use of flexibility from EU legislator and EU legal professionals. The discipline provides by EU Regulations 1103 and 1104/2016 could be an interesting example to manage cross-border couple?s interests: the principles of universality and unity have to be used appropriately and, …
The working partner in family enterprise : European and national issues
2021
The essay focuses on the discipline of the work done by one partner in the company of the other in cross-border couples and on the problems involved in this case. More specifically the focus is on the hermeneutical problems that arise both at the level of European legislation and at the level of Italian national discipline which is applicable according to European conflict criteria, showing the ambiguities and wide areas of shadow left uncovered by the latter.
La interpretación jurídica con perspectiva de género : Un decálogo de estándares interpretativos
2021
: The Argentine legal system is part of the constitutional paradigm. In this case, the gender perspective is an essential condition to make a legal correct interpretation because its postulates influence any notion and course of legal action. On this matter, I assume a theoretical foundation of the gender theory and I recommend a decalogue of interpretative standards which receive its vision.
Getting married or entering into a partnership : the patrimonial issues of choice in french law
2021
In French law, there are only two models of couples between which a choice is really possible to organize their patrimonial relationships: partnership or marriage. But, if the couple intends to organize a transfer of assets between companions both during the union and in case of death, it is definitely marriage that offers more possibilities than partnership. Often, young French couples, who do not wish to marry, either not at the begining of their relationship or not at all, have the idea that, if marriage organizes a legal protection of the couple, the partners have the possibility to provide conventionally equivalent protection. In fact, this idea is wrong.
Pre-marital and pre-unional financial agreements and their circulation in the context of the new EU regulations 2016/1103 and 2016/1104
2021
Regulations (EU) 2016/1103 and 2016/1104 provide spouses and partners with the possibility to conclude agreements for the organization of their property regime but do not detail their content and structure. Moreover, while the possibility to conclude those agreements even prior to the marriage or the conclusion of a registered partnership is a valuable innovation in comparison with other European Regulations in family matters, some choices made by the European legislator on applicable law will likely be source of inconveniences. Furthermore, as for their recognition and enforcement in the participating Member States ? which will be based on the same rules enacted for decisions, authentic in…