Search results for "86"
showing 10 items of 680 documents
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…
Jurisdiction by connection and proper administration of justice under eu regulations 1103/2016 and 1104/2016
2021
The author analyses the rules of jurisdiction by connection set by Articles 4 and 5 of Regulations No. 1103 and 1104 of 2016 in matters of property regimes of transnational couples, taking into account the objective of proper administration of justice pursued within EU Civil judicial cooperation. The Twin Regulations provide for appropriate procedural tools to facilitate concentration of jurisdiction before the courts of the same Member State, establishing an important role for the choice-of-court agreement, especially where property regime issues arise in connection with a matrimonial case or a partnership dissolution case. As we wait for the implementation of these rules by national and E…
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 sentencia y su ejecución en el proyecto dominicano de ley sobre control judicial de la administración pública
2021
The regime of the execution of the sentence is analyzed, starting from the powers of declarative and executive substitution of the contentious-administrative judge. It begins with the reference to the constitutional guidelines of the administrative process. Then, the different modalities of judicial substitution are described in the types of sentences (declarative, constitutive and conviction) regulated in the project, to then refer to the regime of executive seizure of public goods. It ends by describing: the powers granted to the judge to agree indirect measures that assist with the execution of the judgment, the cases of impossibility of execution and the extension of the sentence to thi…
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.
La pena de trabajos forzados en los códigos penales decimonónicos
2018
This paper is an study about the penalty of forced labor, inside the historical and legal framework in which took place the criminal law codification of 19th century (Criminal Codes of 1822, 1848 and 1870) and the departure from the Criminal Law of Ancient Regime
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…