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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 …

:CIENCIAS JURÍDICAS [UNESCO]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 situationconsumidorthe precedent that In this regardinterés variablelately and until there is any pronouncement by our Supreme Court2020índice IRPHthe most recent resolutions issued by our Courts and Provincial Courts. All these references integrate the content of this work. HipotecaIRPH indexcláusula abusivavariable interest2070-8157 22082 Revista Boliviana de Derecho 565487 2021 31 7730067 Consideraciones sobre la cláusula irph a la luz de sus antecedentes y de la doctrina consolidada del tribunal de justicia de la union europea Castillo MartínezUNESCO::CIENCIAS JURÍDICASCarolina del Carmen By issuing its judgment of March 3compared to the rest that the Euribor takes as a referenceabusive clausethe 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 Spaintaking into account the factual background that led to the issuance of the aforementioned resolutionconsume 504 549they included the conclusions of the Advocate Generalthe content of the STJUE itself andit is convenient to consider even briefly what the IRPH consists of and the consequences that its application has entailed for the affected consumer borrowersMortgage
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Las obras musicales en las radios universitarias

2018

The Spanish General Audiovisual Communication Law does not relate to Campus Radio Stations. In this context, Copyright Collection Societies do not cover them in their catalogues of general fees. For this reason, the holders of these radios are forced to negotiate them. Althoug the Intellectual Property Law and the Order ECD/2574/2015, of 2 December, contain obligations for Copyright Collection Societies, on this matter its enforcement are far from being achieved

:CIENCIAS JURÍDICAS [UNESCO]on this matter its enforcement are far from being achieved Obras musicales2386-4567 22661 Actualidad jurídica iberoamericana 502169 2018 9 6653323 Las obras musicales en las radios universitarias López Sánchezcopyrightlicencias copyleftComputingMilieux_LEGALASPECTSOFCOMPUTINGtarifascopyleft licensescopyright collection societies. 136 175ComputingMilieux_GENERALMusical worksradios universitariasUNESCO::CIENCIAS JURÍDICASthe holders of these radios are forced to negotiate them. Althoug the Intellectual Property Law and the Order ECD/2574/2015campus radio stationspropiedad intelectualfeesCristina The Spanish General Audiovisual Communication Law does not relate to Campus Radio Stations. In this contextCopyright Collection Societies do not cover them in their catalogues of general fees. For this reasonof 2 Decembercontain obligations for Copyright Collection Societiesentidades de gestión colectiva
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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…

:CIENCIAS JURÍDICAS [UNESCO]principle of oppotunity 208 235among other reasonscriminal mediation are institutions that stand on the principle of consent for procedural purposes and show this new scenario that is emerging. Speaking about consent in criminal proceedings seems to be no longer an oxymoron Consentimientoto 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 comecompliance2070-8157 22082 Revista Boliviana de Derecho 565487 2021 31 7730057 El consentimiento en el proceso penal ¿un oxímoron? Barona VilarConsentbut 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. ProbationUNESCO::CIENCIAS JURÍDICASdiversionprincipio de oportunidadSilvia We are involved in a moment of deep changes in Criminal Procedure duethe 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 [but new elements are already emerging]
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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…

:CIENCIAS JURÍDICAS [UNESCO]related actions 148 163establishing an important role for the choice-of-court agreementley de sucesiones2386-4567 22661 Actualidad jurídica iberoamericana 587897 2021 15 8113554 Jurisdiction by connection and proper administration of justice under eu regulations 1103/2016 and 1104/2016 Pía Gasperiniproperty regimesJurisdictionfamily lawtaking 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 StateUNESCO::CIENCIAS JURÍDICASMaría 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 couplesregímenes económicosthe author also explores some possible drawbacks they may present. Competencialey de familiaespecially 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 European courtsacciones relacionadas.succession law
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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 …

:CIENCIAS JURÍDICAS [UNESCO]reserve2386-4567 22661 Actualidad jurídica iberoamericana 587897 2021 15 8113546 Protection of the surviving spouse in French law BerryRégimen matrimonial convencionalUNESCO::CIENCIAS JURÍDICASElsa While French inheritance law has recently sought to give everyone more freedom to anticipate the transmission of their estateeither 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 satisfiedseveral famous French people living abroad have recently sought to escape French law in order to be able to give their surviving spouses an advantage beyond these limitsthe mechanisms protecting this reserve are subject to legal adjustments when spouses wish to organize the protection of the couple?s survivorobsequio 24 33the protection of the spouse may be both a reason to submit to French law as well as a motivation to try to escape it. Conventional matrimonial regimesurviving spousereservait still guarantees to the children a reserved portion in his estate. This guarantees the deceased?s children a minimum share in his/her estate. Howevergiftcónyuge supérstiteat the expense of children of first French marriage. Thus
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Los programas de cumplimiento penal : Aspectos generales

2021

In Spain, as in many other countries, corporate criminal liability has been a reality for years, as well as criminal compliance programs that allow them to be mitigated or exonerated from liability. In this article we will present some of the main keys to consider for the implementation of these mechanisms. This is a series of general considerations that can serve as a guide to understand the complex system of crime prevention provided by the organization and management models in the corporate environment.

:CIENCIAS JURÍDICAS [UNESCO]responsabilidad penal de las personas jurídicas.self-regulationJosé In Spain2070-8157 22082 Revista Boliviana de Derecho 565487 2021 31 7730062 Los programas de cumplimiento penal Aspectos generales León Alapontas in many other countriesComputingMilieux_LEGALASPECTSOFCOMPUTINGCriminal compliance programsautorregulaciónUNESCO::CIENCIAS JURÍDICASas well as criminal compliance programs that allow them to be mitigated or exonerated from liability. In this article we will present some of the main keys to consider for the implementation of these mechanisms. This is a series of general considerations that can serve as a guide to understand the complex system of crime prevention provided by the organization and management models in the corporate environment. Programas de cumplimiento penalcorporate criminal liability 354 389corporate criminal liability has been a reality for years
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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…

:CIENCIAS JURÍDICAS [UNESCO]the right to information and the right to informationbeing peacefully settledto then analyze the right to informationshould be reformulated in light of the repeated crisis of transparency. For this2070-8157 22082 Revista Boliviana de Derecho 584568 2021 32 8055240 Derecho de acceso a la información el desafío de una sociedad guiada por la transparencia en el ordenamiento jurídico español Alonso GarcíaTransparencydistancing themselves from a mere summaryexpress mention will be made of transparency from the perspective of political information. Transparencialibertad de expresiónthe most significant aspects of the right to information and its link with the right to freedom of expressionderecho a/de la informaciónUNESCO::CIENCIAS JURÍDICASseek to encourage doctrinal and political debate on assumptions thatbuen gobiernofreedom of expressionright to informationits regulation in the Spanish legal system and the doctrinal debate about its consideration as a fundamental right. As the last point of this contributionas well as the new challenges that these rights face in the digital agegood governance 828 861firstit will be articulated by addressingNieves This study will address the two aspects of rights linked to informationto end with the formulation of some conclusions that
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Deducibilidad de los intereses de demora en el Impuesto sobre Sociedades : comentario de la STS de España núm. 150/2021, de 8 de febrero

2021

This study analyzes STS 150/2021, of February 8, which has declared the deductibility of late payment interest in Corporation Tax. To do this, a review is made of the nature of the moratory interest, the forecast of the tax on the calculation of the taxable base in said tax and the framing of these interests within the deductible expense.

:CIENCIAS JURÍDICAS [UNESCO]which has declared the deductibility of late payment interest in Corporation Tax. To do thisMoratory interestimpuesto sobre sociedadesa review is made of the nature of the moratory interestgasto deduciblecorporate tax 1052 1061the forecast of the tax on the calculation of the taxable base in said tax and the framing of these interests within the deductible expense. Intereses de demoraUNESCO::CIENCIAS JURÍDICASde 8 de febrero Hernández Guijarroof February 82070-8157 22082 Revista Boliviana de Derecho 584568 2021 32 8055249 Deducibilidad de los intereses de demora en el Impuesto sobre Sociedades comentario de la STS de España núm. 150/2021deductible expenseFernando This study analyzes STS 150/2021
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Un cuento de robots : La hija cibernética de descartes

2021

French philosopher René Descartes is today valued as a forerunner of the studies of human mind, artificial intelligence and robotic systems. Throughout his work there are large references to automata and the possibility of artificial life, as well as an assessment of the differences between rational behavior of human beings and the purely mechanical of animals and automata. In addition to these references, there is a fable about the creation by the philosopher of an automaton that replicated his deceased daughter Francine, a story that is well known among the French and Anglo-Saxon specialists, but not so much in the Spanish ones, which is what settles this short work

:CIENCIAS JURÍDICAS [UNESCO]which is what settles this short work René DescartesFrancine Descartesinteligencia artificialautómatasautomataas well as an assessment of the differences between rational behavior of human beings and the purely mechanical of animals and automata. In addition to these referencesthere is a fable about the creation by the philosopher of an automaton that replicated his deceased daughter Francinebut not so much in the Spanish onesartificial intelligence2070-8157 22082 Revista Boliviana de Derecho 565487 2021 31 7730064 Un cuento de robots La hija cibernética de descartes Lacruz MantecónMiguel L. French philosopher René Descartes is today valued as a forerunner of the studies of human mindartificial intelligence and robotic systems. Throughout his work there are large references to automata and the possibility of artificial lifea story that is well known among the French and Anglo-Saxon specialistsRené DescartesUNESCO::CIENCIAS JURÍDICASrobots. 422 441robots
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Tracheomalacia Repair Using Ceramic Rings

1992

Tracheomalacia resulting from tracheostomy or compressive thyroid disease often represents a difficult problem in airway management. In an attempt to improve this condition, biocompatible ceramic rings were surgically implanted in 16 patients to restore normal patency of the airway by first expanding the tracheal lumen lateral, and then in an anterior dimension. Preoperatively, patients displayed moderate to severe obstruction with marked restrictions in lifestyle, as confirmed by history, physical examination, and airway resistance studies. Additionally, three of these patients were trach-dependent at the time of implantation. Postoperatively all 16 patients have normal airway resistance p…

AdultMaleCeramicsmedicine.medical_specialtymedicine.medical_treatmentPhysical examinationAnastomosis03 medical and health sciencesTracheostomy0302 clinical medicineAirway resistancemedicineHumans030223 otorhinolaryngologyTracheal Diseasesmedicine.diagnostic_testbusiness.industryThyroid diseaseProstheses and ImplantsPerioperativeMiddle Agedmedicine.diseaseSurgeryOtorhinolaryngologyTracheomalacia030220 oncology & carcinogenesisFemaleSurgeryAirway managementTracheal StenosisbusinessAirwayCartilage DiseasesFollow-Up StudiesOtolaryngology–Head and Neck Surgery
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