Examinando por Materia "Consentimiento"

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    Análisis jurisprudencial y normativo del derecho a morir dignamente en Colombia a través de la eutanasia, en contraste con el delito de homicidio por piedad, tipificado en el artículo 106 del Código Penal Colombiano
    (Universidad EAFIT, 2021) Almánzar Agudelo, Angélica María; Naranjo Serna, Sebastián
    Currently, in the Colombian legal system there is a normative vacuum void in relation to the regularization of the right to a dignified death by means of euthanasia, and, consequently, when the crime of mercy killing is committed. This is given by, when the legal requirements of euthanasia are not met, the question arises as to whether this leads to the commission of the crime of mercy killing or not. Over time, there have been various discussions in response to this questioning, because despite the fact this subject has been dealt with for more than 20 years by the Courts, the Congress has been repeatedly exhorted to regulate the subject, without having done it to this day. On July 1, 2021, the Ministry of Health and Social Protection established in the Resolution number 971 the procedure for receiving, processing, and reporting euthanasia requests, as well as the guidelines to make effective the right of dying with dignity by means the euthanasia. The foregoing was thus established, taking into account what was raised by Constitutional Court in the jurisprudence, where it has repeatedly established certain criteria or parameters to guarantee said right. Days after the Resolution was published, the Constitutional Court, based on Sentence C 233 of 2021, issued statement 27 of July 22, 2021, that extends euthanasia for non-terminal patients. With this, it is understood that the interpretation of euthanasia, and consequently, of the criminal type of mercy killing changes. Because of the above, this paper will focus on trying to answer questions such as: What are the requirements for applying euthanasia in Colombia? When is the crime of mercy killing, established in the article 106 of the Colombian Penal Code, committed? Based on the most recent ruling of the Court, will there be legal security in the Colombian legal system, regarding an issue that still lacks any regulation by the Congress? among others.
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    Protección del derecho a la imagen por medio del régimen del derecho de autor y derechos conexos ante la vulneración por medio de la publicidad en redes sociales
    (Universidad EAFIT, 2023) Bedoya Sarmiento, Sofía; Toro Valencia, José Alberto
    The purpose of this monograph is to analyze how the right to image can be protected in Colombia from infringements caused by advertising strategies carried out in social networks, based on a study of the current legislation that regulates the protection of this right. First, a conceptualization of the notion of the right to the image, its positive and negative aspects as well as its moral and patrimonial content, the limits of the scope of the authorization of the use of the image and the existing ways to protect it will be made. Later on, the normative framework related to the right to the image in Colombia will be studied, where each of the regimes that develop it will be exposed in order to understand what each of these rules is about and how they contribute to the protection of the image. Afterwards, we will explain what social networks are and what their purpose is to understand why they have become a fundamental tool for brands in their advertising strategy and what implications the content of their advertising has with respect to the rights of third parties. Finally, the rules of intellectual property law will be analyzed the rules that make up the copyright and trademark law to answer whether they are appropriate for the protection of the right to the image and why.
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    El régimen del error como vicio de la voluntad en la legislación civil colombiana : algunas problemáticas y propuestas de solución
    (Universidad EAFIT, 2021) Correa Mejía, María Camila; Gaviria Gómez, Juan Carlos
    This paper presents four of the main problems of the mistake regime in the Colombian legal system: the mistake in the determining motive (i); the mistake of law (ii); the inexcusable mistake (attributable) to the claimant (iii); the substantive mistake (iv). For each of these problems a dogmatic solution is proposed and the corresponding reform that could be made to the Civil Code regime (arts. 1509 et seq.). Regarding the determining motive, it is not expressly envisaged and there is a lack of clarity in its assumptions. It is proposed to specify its regime and assumptions, and to establish it as the genre that encompasses the other types of mistakes. In respect of the mistake of law, it is found that the current regulation (which considers it irrelevant) is not consistent with the legal reality of the country or with subsequent developments (nationally and internationally) on the subject. It is proposed to unify its regime with that of mistake of fact, with certain exceptions (e.g., excusability). With regard to the excusability of mistake, it is not expressly contemplated in the civil legislation despite its importance (but it is intuited from dispersed norms or legal principles of private law, without greater clarity). It is proposed to express the requirement for the generality of mistakes, and to take an additional step in the sense of contemplating the cases in which the "risk of mistake" is assumed. Finally, in relation to the substantive mistake, Art. 1510 of the Civil Code is criticized by several doctrinaires because it would turn its back on the general theory of the legal transaction, according to which there would be lack of consent and, therefore, non-existence. A regulation is proposed which, in order to solve this problem, would resort to the theory of the formation of consent, which would make it possible to differentiate the cases of substantive mistake in which there is a counter-offer (and therefore non-existence) from the cases in which there was a contract vitiated by relative nullity due to a mistake on the part of the addressee in the interpretation of the offer.