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Search Results
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IS IT RIGHT THE ELECTION OF METHOD IN CALCULATING THE REDUCTION IN THE PRICE IN THE LATIN AMERICAN PRINCIPLES OF CONTRACT LAW?
The Latin American Principles of Contract Law project adopted the price reduction as a general remedy which can be applied to any contract, right position. They also approve a calculation method of reduction in price which is the same of art. 50 CISG. The paper, after an introduction which describes the process of unification of contract law in Latin American, realizes a critical analysis of this election and it demonstrates that this election is not the most appropriate.
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RESPONSIBILITY CIVIL FOR VIOLATION THE RIGHT IMAGE: COMPARATIVE ANALYSIS AND PROPOSALS FOR THE CHILEAN LAW
The article aims to identify the main practical problems that arise in the relationship of unauthorized use of images of human beings, and at the same time, to show how national and foreign Courts currently solve these problems. Among these, the exposition focuses on the determination of the Right ́s limits, and in the analysis of the alternatives and remedies that the Law provides in case of unauthorized use, focusing specially in liability and unjustified enrichment.
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CONTRACTUAL SOLIDARISMO IN FRANCE AND THE CONSTITUCIONALIZATION OF CONTRACTS IN COLOMBIA
Recently, a theoretical discourse that advocates a new reading of the general theory of contracts has taken hold. The theory maintains that in light of moral principles expressed through relatively precise “principles,” judges may employ broad powers in moderating economic relations agreed upon by the parties. The article examines, from the perspective of comparative law, the French and the Colombian cases, examining the different applications of this trend in the two countries. The paper uses an eminently critical approach in seeking to reveal the practical implications behind the scholarly rhetoric.
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COMPARED RESOURSES RELATIVE TO THE DETERMINATION OF A CAUSAL LINK. AN ANALYSIS FOCUSED ON EVENTS RELATED TO HEALTH RESPONSABILY
The scientific certainty linked to technological development impacts on victims in this xxi century, particularly, in the accreditation of the causal link, which is always necessary to justify a tort action. Sensitive trials, many of them related to public health, largely shows the problem we intend to study. Comparative law has exposed this difficulty, arriving at solutions that show an interest into make flexible rules of evidence in favor of the proposed causality. We’ve found in our research the recourse to the solidarity responsibility, and to a lesser extent the proportionate responsibility, as well as the evidential presumptions by way of diverse mechanisms of causal inference. These solutions represent responses of legal adaptation which have been observed in order to provide guarantees to the damaged that, in a scientific doom scenario, has been affected twice: whether about their apparent damage, whether about the causal uncertainty that threatens her compensation.