Examinando por Materia "Negocio jurídico"

Mostrando 1 - 6 de 6
  • No hay miniatura disponible
    Ítem
    Análisis dogmático de los Smart Contracts dentro de los sistemas normativos. Criterios para su implementación
    (Universidad EAFIT, 2022) Díaz Bolívar, Víctor José; Restrepo Hoyos, Tomás; Echavarría Dapena, Alejandro
    Technology has always been present in human life as a facilitator and optimizer of processes, including legal business. Since the creation of Bitcoin in 2009 and the consequent implementation of the Blockchain as an emerging technology based on chain approvals, multiple uses have been derived from it, whether for the creation of applications, efficiency in business models or processes, electronic payments, or the conclusion of smart contracts. However, the latter has been the object of analysis due to their particular importance and transcendence in how negotiations, agreements, pacts, or any relationship derive in a contract's conclusion. In this sense, from a legal perspective multiple challenges have been established regarding the regulation and adoption of smart contracts. So far, this topic continues to lack normativity due to the difficulty of the application of the current theory of legal business in relation to Smart Contracts. In the present investigation, a historical recount of some figures and/or elements that gave rise to the creation of the Smarts Contracts will be carried out. Therefore, a specific definition of concepts such as Bitcoin, Blockchain, and Ethereum, among others, will be made to understand the emergence of smart contracts and how they work. Likewise, the Smart Contract concept will be specified, and its usefulness and practical application will be determined. Additionally, a comparative study between these and traditional legal businesses will be carried out to observe, based on their legal nature, whether or not they meet the minimum requirements for a contract agreement to exist legally. On the other hand, this paper shall conduct a study of the current foreign regulations on Smart Contracts, in order to determine how they have been implemented within foreign legal systems. Likewise, the advantages and disadvantages that the implementation of this new contracting modality may bring will be identified. Finally, together with a comparative law analysis of some of the different international legal systems that enshrine the issue of smart contracts, this paper will determine the possible solutions for the implementation and regulation of smart contracts within the domestic legislation.
  • No hay miniatura disponible
    Ítem
    El cambio de paradigma de la Ley 1996 de 2019 y sus retos jurídicos
    (Universidad EAFIT, 2020) Betancur Aguilar, Julia; Aramburo, Maximiliano
    The law 1996 of 2019, generated a change in the paradigm against people with disabilities in Colombia, through this law the figure of interdiction is eliminated and full legal capacity is granted to people who suffer from a disorder and are of legal age. This work studies the new legal institutions that this law introduces, as well as the legal challenges that it faces, especially in the face of changes in the validity requirements of legal acts, in the regime of non-imputability in civil liability and possible abuses of third parties.
  • No hay miniatura disponible
    Ítem
    Contrato de arrendamiento de inmuebles destinados a establecimientos de comercio
    (Universidad EAFIT, 2010) Robledo Betancur, Susana; Saldarriaga Escobar, Carolina; Camargo Ortiz, Marcela Lucía
  • No hay miniatura disponible
    Ítem
  • No hay miniatura disponible
    Ítem
  • No hay miniatura disponible
    Ítem
    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.