Examinando por Materia "RESPONSABILIDAD CIVIL - COLOMBIA"
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Publicación Derecho a la libertad de expresión : más allá del derecho penal(Universidad EAFIT, 2025) Urán Buitrago, Luisa María; Cadavid Quintero, AlfonsoThe protection provided by international organizations and various states to the right of freedom of speech has undoubtedly generated an erroneous but quite common idea: that freedom of speech covers expressions loaded with hatred, insults and discrimination. This notion completely forgets that the rights to honor, privacy and human dignity serve as insurmountable limits to this right. The idea of criminal intervention as the first defense mechanism against the offenses that freedom of expression can generate has been ineffective in today's society. Various constitutional courts offer mechanisms to solve the latent conflict between these blocks of fundamental rights. It is undeniable that the rise of social networks completely changed the way we communicate. Today, we are one click away to find out what is happening in our country and the world. Social networks are characterized by the immediacy of information, since they lack of censorship and respect for the other; but they play a prominent role in the search for truth. That is why it is worthwhile to devise and establish mechanisms that allow living in community within the ‘new society’ made up by social networks.Publicación Hacia un nuevo régimen de la responsabilidad causada por los perros de manejo especial(Universidad EAFIT, 2025) Vergara Montoya, Susana; González Jaramillo, José LuisThe main object of this article is to analyze if the liability derived from a special handling dog that serves no purpose for guarding nor serving a property can be considered as subjective liability, given that Colombian law imposes an objective liability regime, under article 2354 of the Civil Code. Additionally, we tend to study the possible expansion of exceptions to extracontractual civil liability in those scenarios where the guardian or the keeper of the dog meets all the requirements for the ownership of the canine.Publicación Importancia y desarrollo de la cláusula general antiabuso en Colombia(Universidad EAFIT, 2018) Zuluaga Pulgarín, Juan Diego; Ruiz Uribe, Sandra MilenaAs a result of the current economic situation in the global environment, the effectiveness in tax collection is becoming increasingly important to the treasury. However, tax collection is highly affected by the rates of tax evasion and tax avoidance, which constitute some of the greatest problems for the development of any country. Colombia has been forced to strengthen its legal system with the best 5 tools to combat this problem. Therefore, the first general anti-abuse clause was introduced in the intern legislation by Law 1607 of 2012. This work proposes a brief analysis on the relevance of the general anti-abuse clause in the current economic environment, its efficiency and usefulness as a tool to fight against tax avoidance, and finally, the evolution and implementation that has had in our legal system.Publicación La asunción del riesgo frente a la atribución de responsabilidad civil por daños entre futbolistas(Universidad EAFIT, 2025) Hernández Tobón, Marcelo; González Jaramillo, José LuisThe objective of this article project is to determine the civil liability regime applicable to damages arising from sports activities, especially in the practice of professional soccer in Colombia. Given the cultural and economic importance of soccer in the country, and in view of its nature as a sport in which injuries among athletes are common, it is essential to establish when damage can be considered inherent to the risk assumed by players and when, on the contrary, it constitutes legally reprehensible conduct that gives rise to civil liability on the part of the injuring agent. With that in mind, the scope of the assumption of risk doctrine will be analyzed to determine when an athlete must assume responsibility for damages suffered in the course of sporting activities.Publicación La responsabilidad civil sin perjuicio : un estudio sobre la reivindicación del derecho en Colombia(Universidad EAFIT, 2019) Moreno Giraldo, Federico; Londoño Acosta, María Clara; Aramburo Calle, Maximiliano AlbertoPublicación Problemas jurídicos ocasionados por los errores en la inteligencia artificial(Universidad EAFIT, 2025) Arroyave Hincapié, Brahian; Rozo Acevedo, Tomás; Toro Valencia, José AlbertoThe main objective of this research is to analyze the complications generated by artificial intelligence in the field of private law, as well as what are the most common mistakes in the field of implementation and creation of these systems. It will explore different types of development, the learning system of these tools, historical background, comparative law and provide solutions to Colombian legislation to fill existing normative gaps.