Derecho - Palmira
Permanent URI for this collection
Browse
Recent Submissions
Item Fuentes de regulación mercantil respecto a los contratos comerciales atípicos en Colombia.(Universidad Santiago de Cali, 2024) Victoria Escobar, Jorge Andrés; Maldonado, Juan Guillermo (Tutor)Commercial law is the branch of law in charge of regulating the correct functioning of the economy, therefore its legal framework must provide security and predictability of commercial relations, however in the last ten years, the economy has changed significantly, since Due to globalization, there are new types of contracts that are not currently contemplated exhaustively in the Colombian Commercial Code, causing there to be a formal classification between “typical” and “atypical” contracts. Therefore, it is imperative to be able to glimpse the sources or regulatory mechanisms that manage to establish a binding force in the commercial framework, generating legal security between natural or legal persons. In order to understand what is the ideal procedure in case of legal disputes, understanding that often, explicitly or not, we are carrying out commercial transactions that in turn generate a series of rights and obligations between the parties. And although there is no legal and explicit designation of the type of contract, there must be a declaration of the agreement of wills, without defects of consent.Item Impacto de la Conciliación Preprocesal en Materia Penal en Colombia, para los delitos querellables.(Universidad Santiago de Cali, 2024) Rojas Loaiza , Jonier Stee; Escobar Ospina, Carlos Andrés Escobar Ospina (Director)Item La incidencia del mecanismo de conciliación en el derecho administrativo(Universidad Santiago de Cali, 2024) Gil vásquez Bryana; Escobar Ospina, Carlos AndrésPrejudicial conciliation as a procedural requirement is a mandatory element to go to the administrative jurisdiction, this should not be overlooked in order to really know its usefulness for compensation of damages to victims and judicial decongestion, having said this, extrajudicial conciliation in the administrative jurisdiction in Colombia will be addressed starting from knowing the purpose it has within the judicial system and in turn knowing its shortcomings, now this essay will focus mainly on identifying the impact that extrajudicial conciliation has generated in the law 1437 of 2011 and in turn as a way to rethink new alternatives to mitigate the decongestion of the judicial system, as evidenced in the prevention of damage, the above essay will be supported in the legal doctrine relating to administrative conciliation.Item La eficacia del arbitraje en Colombia y sus lecciones al sistema judicial colombiano(Universidad santiago de cali, 2024) Hurtado Núñez Aris Fernando; Escobar, Carlos AndrésThe arbitration mechanism is an alternative to the resolution of conflicts, due to the fact that the contracting parties previously agreed on an exclusive competence, now, with the enactment of Law 1563 of 2012, new developments were evidenced among which are the speed of the resolution of disputes and the selection of arbitrators, which is a big difference compared to the system of service delivery of justice due to the high delays in the resolution of processes, Hence, this essay will address the virtues of the alternative dispute resolution mechanism such as arbitration, and at the same time it will delve into identifying the progress and impact that arbitration brings to the Colombian judicial system, in that sense, it will identify arbitration not only has private rank but also has its foundation mainly in the 1991 constitution, this will be done through the analysis of law reviews that deal with the arbitration mechanism in Colombia.Item Desafíos contemporáneos qué enfrentan los derechos humanos ante la discriminación y desigualdad en países desarrollados(Universidad Santiago de Cali, 2023) Zúñiga Medina, Andrés Felipe ; Giraldo Cardona, Julia IzabelItem Brecha Digital En Los Docentes De Colombia Durante La Pandemia Del Covid-19(Universidad Santiago de Cali, 2024) Oliveros Corrales, Ana Victoria; Arcos Troyano, Jeffrey (Evaluador)Teachers have had to experience many situations throughout their working lives, but the COVID-19 pandemic made teachers go through many difficult situations such as the stress of being forced to use digital devices, since the Colombian government, like other governments, had to decree preventive isolation and close many public places, including schools and colleges, because there could not be many people close together in one place, much less in such closed spaces as these; Seeing how the virus spread rapidly every day, the guidelines of each institution had to force teachers to continue with their class preparations and the teaching process, but this time in a virtual or distance way because it was not known at that time how much longer they would continue with that situation, an event that affected teachers in terms of finding good stability in their work, as well as learning to use information and communication technologies, therefore, this study shows how complex it was for teachers to adapt to a virtual modality and the inequalities that could be found in terms of ages and sectors of the different regions of Colombia. Also, what was sought was to connect the effects of teachers' activities in the midst of the pandemic, along with the digital gaps that have arisen when implementing information and communication technologies in schools and colleges in 2020 with the spread of the virus, and thus, to be able to observe the inequalities that were already there and those that increased at that time, since one aspect that has always existed and that continues to be important and worrying, is this social and digital imbalance because not all people have the same privileges and at that time of the pandemic, many also did not have electronic devices, connectivity or experience in using such media.Item La Tecnología de Vigilancia Masiva y su Impacto en los Derechos Humanos: Un Análisis Crítico(Universidad Santiago de Cali, 2023) Belalcazar Martínez Alejandro; Giraldo Cardona Julia Izabel (Asesor)