Search results for " Be [Neutron – stars]"
showing 10 items of 74 documents
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, …
Futuro profesional de los menores y ejercicio de la patria potestad
2021
The personal decision about the professional future of the minor, constitutes an aspect of the development of his free personality, and, like every decision that affects him, it must be adopted considering the principle of the best interests of the child. The parents, in the exercise of parental authority, have the legal representation of their minor children, except for the acts related to the personality rights, which can be carried out by the minor child himself if he is mature enough. When personality rights and economic rights converge, it is necessary to determine the role the parents play, which in the end will always have to be the protection and respect for their children?s rights.
La patria potestad prorrogada y la patria potestad rehabilitada en el nuevo proyecto de ley de reforma de la legislación civil y procesal para el apo…
2021
It is intended to analyze and reflect in the present work about the institution of the extension of parental authority and parental authority rehabilitated in the new regulation in the Draft Law that reforms the civil and procedural legislation to support people with disabilities in the exercise of their legal capacity. In this project, the extended parental authority and the rehabilitated parental authority are eliminated from the scope of disability, following a criterion that demands the treatment of people with disabilities with the attention that their specific situation requires, eliminating a regime that seems contrary to the system of promoting the autonomy of adults with disabiliti…
El consentimiento en el proceso penal : ¿un oxímoron?
2021
We are involved in a moment of deep changes in Criminal Procedure due, among other reasons, to the permanent expansion of Criminal Law. Legislative modifications have taken place one another over the world and they have led to a functional reformulation of the role played by the protagonists of Criminal Procedure. These changes have not finished yet and the future is still to come, but new elements are already emerging: the consent of the actors of the process and of the victims and the reinforcement of the principle of opportunity are undoubtedly some of them. Probation, diversion, compliance, criminal mediation are institutions that stand on the principle of consent for procedural purpose…
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…
Protection of the surviving spouse in French law
2021
While French inheritance law has recently sought to give everyone more freedom to anticipate the transmission of their estate, it still guarantees to the children a reserved portion in his estate. This guarantees the deceased?s children a minimum share in his/her estate. However, the mechanisms protecting this reserve are subject to legal adjustments when spouses wish to organize the protection of the couple?s survivor, either by submitting to a conventional matrimonial regime or by giving themselves gifts that improve the legal succession of the spouse. This ensures a balance between the protection of the spouse and that of the compulsory heirs. Not seeming to be satisfied, several famous …
La nueva oportunidad de la hipoteca inversa
2021
The reverse mortgage is a credit or loan guaranteed by a mortgage that falls on the applicant?s habitual residence, granted at once, or through periodic benefits, to a person who must be over a certain age or prove a degree of disability or dependency, and is not due until the time of death. In view of the doubts that the future of the public pension is raising and the concentration of savings in Spanish property, the reverse mortgage is once again being put on the table as a viable alternative to complement a public pension with little revaluation, in view of the increase in life expectancy and expenses after retirement.
Liquidación de la sociedad de gananciales: el caso de la adjudicación forzosa de participaciones sociales de carácter ganancial a un solo cónyuge. Co…
2021
In a liquidation of community property, the rules for the partition of the inheritance are of suppletive application. Therefore, the sentence opts for a criterion of flexible interpretation of those rules, whose application will be subject to the objective entity of the property in question. Accordingly, when the only property to be shared between the spouses is constituted by set of shares of common nature, taking into account the special circumstances of the case, such shares could be awarded to one of the spouses with the obligation to compensate the other in money, even if it requests the sale of the shares in the public auction. To this end, the request would have to impede the possibi…
Derecho de acceso a la información : el desafío de una sociedad guiada por la transparencia en el ordenamiento jurídico español
2021
This study will address the two aspects of rights linked to information, the right to information and the right to information, to end with the formulation of some conclusions that, distancing themselves from a mere summary, seek to encourage doctrinal and political debate on assumptions that, being peacefully settled, should be reformulated in light of the repeated crisis of transparency. For this, it will be articulated by addressing, first, the most significant aspects of the right to information and its link with the right to freedom of expression, as well as the new challenges that these rights face in the digital age, to then analyze the right to information, its regulation in the Spa…
Gestación subrogada y dignidad de la mujer
2018
The situation of the surrogate pregnancy in Spain demands action by our legislators and / or our public authorities. The reason is that the current legal system in which there is a ban of the surrogacy contract is not being attended. In this issue an analysis of the situation in Spain and in other countries is made, to conclude from the right to the dignity of women, that possible actions could be taken to adapt the reality to the legal system.