Examinando por Materia "CAPACIDAD LEGAL"

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    Ítem
    Análisis de obstáculos y criterios para el otorgamiento de la pensión de invalidez usando como mecanismo la acción de tutela en los últimos trece años en la jurisprudencia colombiana
    (Universidad EAFIT, 2020) Becerra Moreno, María Velentina; Munera Posada, Armando
    Law 100 of 1993 from Chapter III of Title II, regulates everything related to the disability pension due to common risk, defining the status of disability as a person who, for any cause of non-professional origin, not intentionally provoked, has lost 50% or more of his work capacity. However, this right has not been fully guaranteed to those subjects who come to the ordinary jurisdiction in search of an economic support, which guarantees a monthly income that can supply the basic needs of people who are unable to continue working, hence, there have been numerous cases in which despite not being a fundamental right in principle, and having its own judicial mechanisms to dispute it through ordinary channels, the jurisprudence of the Constitutional Court has enabled the origin of the action of protection in some cases. The foregoing leads us to the legal analysis of a group of decisions of the guardianship judges that will be carried out in this thesis, through which, it is studied how the right to a disability pension has been protected as fundamental, to defend mainly subjects of special constitutional protection such as people in a state of disability and, in turn, guarantee them fundamental rights related to this economic benefit.
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    Ítem
    Aplicabilidad de la jurisprudencia del Consejo de Estado en materia procesal civil respecto de la capacidad para comparecer al proceso de los consorcios y de las uniones temporales
    (Universidad EAFIT, 2020) Sierra Negrete, María Paula; Sierra Mejía, Juan Manuel; Prieto Quintero, Eugenio David Andrés; Merino Martínez, Catalina
    The treatment of a procedural matter, such as the participation of Temporary Unions and Consortia within the process, that is the debate on their legal and procedural capacity, initially requires a study of a documentary nature, due to the critical revisions that have been made to the current regulation, the jurisprudence and the doctrine, which have dealt with the legal capacity of consortia and the temporary unions in different ways. Some take into account the arguments put forward by the Council of State, which provides that these associations may act within a judicial process by appointing a legal representative for that propose. However, others assert that their participation should continue to be through the necessary litigation figure, since otherwise, rights such as the right of defense of the other members of the Temporary Union or Consortium would be violated. The difference in perception has led to a degree of uncertainty as to what the involvement of Temporary Unions and Consortia, should really be like within the process. Hence, there is a need to organize and evaluate existing theorical, jurisprudential and doctrinal information on this problem, focusing on current research progress and providing possible avenues for its solution; will be analyzed the consistency of each of the jurisprudential and doctrinal positions on the topic, to then, point out the failures or demonstrate the effectiveness of once on the other, or if it is possible that the different positions remain.