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  • Ítem
    Derechos de los hombres trans a prestaciones economicas del sistema de seguridad social : licencia de maternidad
    (Universidad EAFIT, 2024) Henao Correa , María Isabel; Montoya Palacios, Sara Elena; Castaño Cardona, Carmen Helena
    The purpose of this project is to present a series of situations that are currently arising because of social changes and sexual identity. With this project we seek to analyze the recognition of sexual diversity in the Colombian regulations, and we will focus especially on the way in which social security operates and its correlative access to the rights and benefits that derive from it, applying it specifically to the case of transgender men who have made the decision to gestate. Our work will have a theoretical-legal research method, in which we will analyze the implications of the concepts and definitions of sexual categories in the Colombian normative level, based on the recent ruling of the Constitutional Court on the application of maternity license to non-binary persons and pregnant transgender men.
  • Ítem
    Traspasando fronteras uterinas : un análisis comparativo de la regulación de la subrogación uterina para la gestación en España, Uruguay, California y Florida frente al contexto colombiano
    (Universidad EAFIT, 2024) Bruges Arboleda, Ashlye Esperanza; Cortés Sepúlveda, Juana Valentina; Gaviria Gil, María Virginia
    The present research aims to analyze the similarities and differences through a comparative law study between bill 345/23C filed in the House of Representatives of Colombia, and the laws regulating this practice in other countries such as Uruguay, Spain, and some federated states of the United States of America. This analysis is conducted considering that, in Colombia, this method is not regulated, and the few normative references that exist on the subject are constitutional court rulings allowing the use of assisted human reproduction techniques. Consequently, this normative gap creates legal uncertainty in the field and generates social, cultural, and legal problems.
  • Ítem
    Del deber ser al ser : la realidad de los procesos ejecutivos de alimentos en Medellín
    (Universidad EAFIT, 2024) Pompeyo Rolón, Jessica Valeria; Menco Viola, María Camila; Villa García, Luis Felipe; González Jaramillo, José Luis
    One of the recurring problems in the family sphere is the determination of alimony for minors, which often generates legal disputes. Although these quotas could be established through conciliation, an agreement is rarely reached and many times. The courts are resorted to, likewise, even when agreements are reached, these are usually breached due to various factors. Therefore, it is proposed to carry out a detailed and reflective analysis on the legal effectiveness of the maintenance enforcement proceedings, regards, the perception of the users of the Legal Clinic of EAFIT University, of the academics related to the subject and of family judges.
  • Ítem
    La inteligencia artificial y su incidencia en la valoración de la prueba en el proceso jurisdiccional
    (Universidad EAFIT, 2024) Salazar Marroquín , Sara; Martínez Nicholls, María Camila; Villa García, Luis Felipe
  • Ítem
    Trade Dress regulation : a comparative analysis between The United States and Colombia
    (Universidad EAFIT, 2024) Jiménez Lema, María del Pilar; Rendón Vera, José Santiago
    The present document will, firstly, explain how the United States and Colombia conceptualize Trade Dress, in accordance with their respective national regulations.. Subsequently, it will address how said nations protect Trade Dress. Finally, it will undertake a comparative analysis of both legal systems to determine whether Colombia necessitates the refinement of its legislation in this domain. The selection of the United States as the comparative jurisdiction is based on the premise that this country initially formulated the definition of Trade Dress.
  • Ítem
    Blockchain una herramienta digital para la modernización y mejora en la función notarial y registral en el ordenamiento jurídico colombiano
    (Universidad EAFIT, 2024) Saldarriaga Arango, Jorge Luis; González Jaramillo, José Luis
    This paper aims to analyze Blockchain technology and its role as a tool for the solution of the most common problems that afflict the legal system and its users in the registry and notary field. The text will examine the importance of registry and notarial law in guaranteeing the authenticity and reliability of the legal system. The limitations and vulnerabilities associated with human intervention in these processes. Based on the above, the potential of blockchain technology as an aid or tool to ensure public faith and preserve the authenticity of public records will be studied, considering its current state of implementation worldwide. In addition, the application of blockchain in the notary and registry in Colombia is specifically examined. Finally, conclusions are presented, summarizing the main findings and discussing the results, along with implications and recommendations for future research.
  • Ítem
    Smart Contracts, el reto de la innovación legal y tecnológica en Colombia
    (Universidad EAFIT, 2024) Martínez Restrepo, Mariana; Gómez Jaramillo, Sthepanie
    Smart Contracts have emerged as an innovative technology linked to the blockchain that promises to revolutionize how we carry out transactions and agreements. In the Colombian context, its adoption poses challenges and opportunities in legal, technological, and legal security terms. This monographic article aims to explore the foundations and applications of Smart Contracts, understanding their operation and practical implementation in various sectors such as business intelligence, the public sector, the health sector, the banking sector, the financial sector, and the insurance sector. In addition, the current legal framework in Colombia and its adaptation to this emerging technology will be examined, considering aspects of privacy and data protection. Likewise, legal security challenges and measures to mitigate risks associated with the implementation of Smart Contracts will be addressed. The research will also focus on future challenges and prospects for the mass adoption of this technology, considering interoperability, dispute resolution, and the construction of an adequate regulatory framework. With this article, we seek to contribute to the debate on Smart Contracts in Colombia and contribute to the construction of an environment conducive to their safe development and benefit in various areas of society.
  • Ítem
    Coexistencia de la protección del medio ambiente y las actividades productivas estudio de caso DRMI bosques, mármoles y pantágoras
    (Universidad EAFIT, 2024) Ríos Londoño, Camilo; García Rodriguez, Luisa; Chavarriaga Gómez, Juan David
  • Ítem
    Del concepto clásico de propiedad a la propiedad intelectual
    (Universidad EAFIT, 2024) Bustamante Cardona, Daniela; Osorio Escobar, Ana María
    Property has been an intrinsic concept to the existence of humanity. In this sense, a historical journey is undertaken, addressing both the classical concept of property and that of intellectual property. The study identifies significant events that contri buted to the formation and evolution of each concept. It concludes that these concepts have been formation and evolution of each concept. It concludes that these concepts have been subject to constant transformation, influenced by the exercise of power, and the points of subject to constant transformation, influenced by the exercise of power, and the points of connection and divergence between them are explored based on their essential connection and divergence between them are explored based on their essential charcharacteristics.acteristics.
  • Ítem
    La Inteligencia Artificial en el mundo laboral en Colombia : una mirada amplia a una realidad existente
    (Universidad EAFIT, 2024) Cabrera Sanabria, Laura María; Yanez Hurtado, Sofía; Múnera Posada, Armando
    Currently, Artificial Intelligence plays a fundamental role as a transforming force in different areas of society, including labor. Colombia, like the rest of the world, faces the challenge of assimilating and adapting to the innovations it proposes. While technology in general stands out for its ability to facilitate and simplify human life, it is essential to recognize that, along with its benefits, disadvantages and challenges arise. This research paper adopts a qualitative approach with the purpose of analyzing more broadly two negative consequences from a legal perspective that could arise from the introduction of Artificial Intelligence in the Colombian work environment. First, a brief analysis is made on the possible violation of the right to equality and non-discrimination. This is observed through the use of algorithms based on Artificial Intelligence in the recruitment processes carried out by human resources departments. On the other hand, the conflict between the right to work and freedom of enterprise in the face of the automation of tasks performed by human beings, which are now carried out by Artificial Intelligence, is preliminarily explored. This phenomenon has raised significant global concern.
  • Ítem
    Responsabilidad médica derivada de la utilización de inteligencia artificial
    (Universidad EAFIT, 2024) Arenas Sáenz, Samuel; Flórez Peláez, Juana
  • Ítem
    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.
  • Ítem
    Protección legal y jurisprudencial frente el abuso del derecho al voto en sociedades
    (Universidad EAFIT, 2023) Posada Aparicio, David; Wagers Velásquez, Miguel; Gaviria Gil, Juan Antonio
    This paper studies the issue of abuse of voting rights in Colombian companies, focusing on the different types of shareholder oppression through abusive voting: minority, majority, and parity shareholder. The paper analyzes the main rulings issued by the Superintendence of Business Associations and the legal and jurisprudential protection methods in place. The remedies for such abuses may include the nullity of a corporate decision or monetary damages damages. The paper also presents some cases decided by the Superintendence of Corporations that allows an understanding of the application of these mechanisms in the current context of Colombian companies.
  • Ítem
    Jurisdicción wayuu en Colombia : mecanismos de resolución de conflictos y convergencia con la jurisdicción ordinaria
    (Universidad EAFIT, 2023) Gómez Hoyos, Sara; Arango Duque, Camilo
    Colombia is a multicultural and multiethnic State in which the different indigenous communities that inhabit the national territory, which are specially protected ethnic minorities, are given the freedom and autonomy to have their own beliefs and their own normative systems, which makes Colombia a very diverse State. However, this can be a challenge because sometimes there are problematic situations in which the boundaries between the ordinary legal system and the indigenous legal system, in this particular case the Wayuu system, can become blurred, for example when the Wayuu have problems among themselves and can not solve them so they go to the ordinary jurisdiction or when there is a conflict between a Wayuu person and a person without a defined ethnic identity. In these cases is when the authorities of the ordinary legal system must analyze how to resolve these conflicts protecting the cultural rights of these people with ethnic identity and seeking a fair solution for both parties. In this paper we will analyze the work of state entities in the resolution of these conflicts and the extent of the freedom and autonomy of the Wayuu jurisdiction and the ordinary jurisdiction.
  • Ítem
    La viabilidad jurídica del uso de psilocibina en contextos experimentales clínicos en Colombia
    (Universidad EAFIT, 2023) Tovar Bermeo, Manuela; Barboza Vergara, Antonio Carlos; Guillén Burgos, Hernán Felipe
    This research aims to study the legal feasibility of conducting clinical experimental studies in Colombia with psilocybin for the treatment of major depressive disorder, based on the analysis of the relevant national regulations on human research. For this purpose, a review of medical literature focused on systematic reviews that gather the best available scientific evidence regarding the safety and efficacy of psilocybin in the treatment of depression is presented, and the current regulations regarding the regulation of psychedelics, as well as those related to clinical experimental trials, are studied. Thus, by integrating this information, the feasibility of using psilocybin in clinical experimental settings is studied and the importance of this type of research is highlighted.
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