Search results for " Protection"
showing 10 items of 995 documents
La tutela del menor víctima de la violencia de género : marco normativo procesal y penal
2021
The Spanish legal system provides specific protection for victims of gender violence, the paper addresses the legal situation of minors who are dependent on women victims of this type of violence. It analyses their procedural situation and, in particular, the criminal remedies for their protection. In a particular way, the aggravating circumstance of committing the act in their presence and the penalties that affect parental authority are examined.
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.
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.
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 …
Usurarian contracts. Current jurisprudencial perspective
2018
El objetivo de este trabajo es destacar las novedades presentadas por la Jurisprudencia sobre contratos usurarios celebrados entre las empresas bancarias y sus clientes. La coexistencia de la Ley de Usura con las regulaciones para la protección de los consumidores contra cláusulas abusivas no ha menoscabado la vigencia de ley, pero sus diferencias en cuanto a la declaración de nulidad generan incertidumbre, por lo que sería conveniente una mayor armonización. The objective of this work is to highlight the novelties presented by the Jurisprudence on usurious contracts concluded between banking companies and their clients. The coexistence of the Usury Law with the regulations for the protecti…
Electronic identity verification: personal data protection challenges and risks
2020
This work highlights the clash of GDPR, eIDAS Regulation and PSD2 Directive, as well as tackles challenges of implementation in practice, specifically the challenges of securing personal data whilst ensuring an electronic identity. A comparative analysis on practical case studies which are concerned with electronic identity verification, electronic identity establishment and use electronic identity verification in the process of providing services is carried out in order to understand how such businesses tackle personal data challenges, how successfully and to what manner. The work concludes with findings of legal uncertainty between all three regulatory acts, as they lack unified definitio…
Application of the Article 28 (3) of the General Data Protection Regulation in contemporary Software as a Service (“SaaS”) business.
2019
For the purposes of this thesis, regulatory requirements associated with the Data Processing Agreement (DPA) are subject to interpretation in the context of SaaS delivery models widely adopted by prominent SaaS providers. In addition, the author argues that, multiple parties processing personal data leads to problems in determining the correct processing role. Thereby, parties may struggle in meeting the requirements of Article 28 (3) of the General Data Protection Regulation (GDPR). Failure to ensure that processing is covered by the proper DPA is regarded as an infringement of the GDPR. For that reason, the thesis seeks to stress out complications associated with structuring DPA’s and pro…
Challenges of free data flow between the EU and US: can EU-US privacy shield ensure co-operation?
2020
The following thesis aims to provide an insight into the way US and EU data protection regulations compare to each other and how those can harmonized in the future with an idea to make it easier to understand how cross-country business might operate in this environment and whether there could be any harmonization opportunities to provide less burden on businesses in trying to comply with different laws across Atlantics. The research question of the thesis therefore is “Is current framework for data transfers between EU-US relevant and stable for future challenges in data protection field?” and “If not, then how two legal systems can be better harmonized based on the analysis of both of them…
Data as an asset in an insolvency procedure
2021
When a business becomes insolvent, assets that has selling value prevails within the insolvency process. Understanding if personal data can be classified as an asset and whether it can be sold when facing insolvency proceedings is determined in this Thesis. General Data Protection Regulation safeguards personal data of the EU data subjects including processing of such data. This regulation protects the EU data subjects also outside of the EU or EEA. Processing that includes sale of personal data is made possible if full compliance with the Regulation is applied. Legal basis for such processing that is required for the processing to be legal includes legal obligation arising from insolvency.…
Moricsalas vēsturiskā izkārtne
2022
Atzīmējot Moricsalas dabas rezervāta dibināšanas 110 gadadienu, Latvijas Universitātes Muzejs par mēneša priekšmetu izvēlējās rezervāta vēsturisko izkārtni. Rakstā sniegta informācija par rezervāta tapšanu un muzeja krājuma priekšmetiem, kas ir rezervāta pastāvēšanas pirmajām desmitgadēm.