Examinando por Materia "Culpa"

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    Fallos de la Dirección Nacional de Derechos de Autor y sus subreglas
    (Universidad EAFIT, 2023) Rodríguez Bernal, Luis Fernando de Jesús; Rendón Vera, José Santiago
    The purpose of this paper is to identify the sub-rules set by the DNDA in its rulings, to determine the existence of an infringement of copyright and related rights and to verify the concretion of the principle of legal certainty in its decisions for infringement of copyright and related rights in relation to artistic, scientific and literary works, for which the study of its pronouncements will be addressed, reinforcing this way, the recognition of alternative instances to the ordinary.
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    La obligación de seguridad en la responsabilidad civil contractual. Una revisión critica de la contractualización de los deberes generales de comportamiento y una evaluación práctica de sus efectos
    (Universidad EAFIT, 2023) Agudelo Giraldo, Santiago; Villa Henríquez, Ana Isabel
    The present work focuses on the analysis of the security obligation within the scope of contractual civil liability, delving into the challenges it entails. To carry out this analysis, it is essential to begin by defining the concept of obligation in the contractual context, including its categorization into obligations of means and obligations of results, as well as exploring the general behavioral duties that underlie this area. In this context, a comprehensive examination of the legal implications posed by the security obligation will be conducted in various aspects, including the doctrinal perspective, legal regulations, and relevant jurisprudence. This analysis will enable a better understanding of the evolution and jurisprudential treatment of the security obligation in the contractual realm. Finally, a critical review of the trend of expanding contractual liability, often referred to as the "contractualization" of general behavioral duties, with a particular focus on the security obligation, will be carried out. This approach will allow an assessment of the implications and challenges that arise from the broadening of contractual responsibility in relation to the security obligation. This work rigorously and comprehensively addresses the complexity of the security obligation in the context of contractual civil liability, providing an in-depth insight into its foundations and legal consequences, while analyzing relevant cases that illustrate its application in specific situations
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    La ley de inimputabilidad en Colombia : el sujeto en el sistema penitenciario
    (Universidad EAFIT, 2022) Tejada Serrano, Danna Fernanda; Manrique Tisnés, Horacio
    The Law of Non-liability and its possible effects on the subject were analyzed according to the psychoanalytic view through the analytical reading of the symbolism of the criminal act, taking into account the concepts of responsibility, guilt and mental disorder. The analytical reading method proposed by Pérez (1998) was used, which consists of three reading times for the analysis and comparison of texts, and the mentioned concepts were contrasted. It was found that legal responsibility is about responding civilly for an act, while subjective responsibility implies taking responsibility for an act and its effects. In guilt, the concepts differ between feeling and imposition and in the last category it was found that the legal system and psychoanalysis start from two different conceptions of the subject and the clinical structures would contemplate a different treatment than the one currently contemplated under the concept of mental disorder. It is concluded that there are irreconcilable differences between the two fields, and that the application of psychoanalysis to the process of the subject in the penal system could allow him to take responsibility for his act by means of the word and the spoken externalization of the expressions of his unconscious, making it possible not to dehumanize the criminal. Some difficulties were also encountered in the application of psychoanalysis in this field.
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    Régimen de responsabilidad aplicable a los daños derivados de ensayos clínicos en Colombia : breves reflexiones y propuestas para su delimitación
    (Universidad EAFIT, 2022) Castaño Echeverry, Juan Felipe; Villa Henríquez, Ana Isabel
    In Latin America, Colombia is one of the countries with the highest numbers of clinical trials being carried out. Despite the importance of the country in the clinical research scenario, there is little regulation that, at the national level, deals with the possible adverse consequences of this activity and the applicable liability regime. This article aims, first of all, to briefly outline the main characteristics of clinical trials, focusing on those that involve the application of molecules or drugs and highlighting the actors who take part in said trials. Subsequently,; Colombian regulations will be critically examined, specifically those referring to liability for damages derived from clinical trials; and a contrast will be made with the regulation of some countries in this matter. Finally, some reflections will be proposed aimed at the coherent structuring of a civil liability regime applicable to damages derived from clinical trials.