Search results for "these"
showing 10 items of 311 documents
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 …
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
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…
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 …
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.
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…
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.
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
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…