Examinando por Materia "Naturaleza jurídica"

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    Aplicabilidad del derecho a la desconexión laboral en Colombia : un análisis comparado respecto de la naturaleza jurídica del derecho a la desconexión en Europa y América Latina, y su novedad como derecho autónomo en el ordenamiento jurídico colombiano
    (Universidad EAFIT, 2022) Escudero Londoño, Valentina; Cortés Ramírez, Jairo Daniel
    In 2016, France created a labor right whose purpose was intended to guarantee workers the possibility of disconnecting from their digital devices, at times outside their working day, so that their personal lives would not continue to be interrupted by work matters; a situation increasingly possible thanks to the digitization of work and the constant influence of information and communication technologies. The right was called the "right to disconnect", and since its creation in France, many countries have integrated it into their legal systems as an autonomous right. Colombia joined the list of countries to adopt it, through the issuance of Law 2191 of 2022. The purpose of this paper is to study, analyze and describe the concept of labor disconnection in some European and Latin American countries and particularly in Colombia, as well as to specify its legal nature, the theoretical and conceptual delimitation and its effects, in order to determine whether in Colombia the right to labor disconnection constitutes a legislative novelty different from the rights and guarantees already existing in the legal system, or whether on the contrary it is an isolated right, with its own legal consequences that materialize changes in the dynamics between employers and workers.
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    Incentivos económicos para la elección empresarial entre contratos de servicios de asistencia y contratos de seguro : análisis de su naturaleza jurídica y diferencias contractuales
    (Universidad EAFIT, 2024) Paredes Duque, Sara; Vélez Villegas, Juan Esteban
    This study focuses on identifying the economic incentives that may influence business owners' choice between conducting their business activities through insurance contracts or assistance service contracts, from a legal and economic perspective. To achieve this, the differences and similarities in the legal nature of both types of contractual modalities are examined in order to determine whether these differences are significant enough to consider them as substantially distinct concepts that require separate regulations. With this analysis, conclusions are drawn regarding the impact of insurance activity regulations on the market actors' behavior in choosing the contractual modality to use.