núm. 11 (2011): revista via iuris 11 (julio - diciembre)

The possibility of establishing a testamentary trust is open today as an alternative in the planning of individual’s will, which is recognized by the law on our continent (through rules of general application such as the civil and commercial code , or ad hoc rules). The dogmatic configuration of this figure could clash with the mandatory law and its compulsory assignments. However, it urges the adaptation to changing times in which institutions such as the trust would represent a fair way of protecting the heritage of people with disabilities or children.

The adversarial system of adjudication and the right of defense are morally justified (Fiss, 1999), however, from a critical role of the lawyer (cf. Kennedy, 1986) it has been said that the one who agrees defending an immoral cause commits itself an immoral action (Rivera Lopez, 2010). By the method of logical and conceptual analysis, this work defends the idea that it is not morally wrong, as a lawyer, to accept the defense of a client who claims not to be condemned, regardless of whether or not to be condemned. The argument rests on the distinction between action that should make the client and the action to defend themselves in court. The conclusion of this work is that this distinction allows to argue that the act of accepting the defense of a client is not immoral, but there may be moral reasons to refrain from defending it.

International Cooperation in Science, Technology and Innovation (ST & I) in Colombia has gone through different stages. In general tends to grow on the basis of the emergence of new issues, priorities and actors. In that framework, it is important to run projects to incorporate social remittances in Colombia. That is, the product of specialized knowledge of Colombians who live abroad. However, there are some obstacles that unless removed from the scene would prevent the proper execution of joint programs in areas sensitive to development in Colombia. This article is the result of an investigation into the Colombian diaspora and the feasibility of incorporating its work in the country’s production within frameworks of international cooperation in ST & I.

A presente reflexão objetiva apresentar o tema da Segurança e do Desenvolvimento no formato de um artigoverbete. Trata-se de um texto eminentemente descritivo que parte de premissas elementares sobre o tema e avança por reflexões escassas no ambiente unidimensional da Segurança. A reflexão pretende estabelecer um conjunto de premissas elementares que possam auxiliar no debate em torno do tema indicado, admitindo a impossibilidade de edificar o Desenvolvimento sem uma visão universalista, centrada no homem e que afaste a tendência de construir agendas estatais subterrâneas para a Segurança.

This document is a product of the research project entitled “The legal problems of social networking”. The text wishes to make an approach to legal models of regulation of social networks. To achieve this, we identify three models for a comparative study: a) European model, b) U.S. Model c) Latin American model. The study aims to describe the legal treatment of the problems arising from social networks. The article is divided into four sections, the first corresponds to the preview of the concept of social network and virtual social network, the second establishes the relationship between social networks and law, the third presents a description of the legal models and regulatory progress; finally, presents a discussion on the current state of legal regulation on the models described, features, advantages and shortcomings.

This article analyzes the negotiable invoice as a commercial document created in Peru issued by Law No. 29,623, in December 2010. The law promotes financing through the commercial invoice as a means of obtaining funding and liquidity for middle and small range enterprises through the commercial invoice and receipts from fees. On the other hand, the law 29.632 wants to solve deficiencies respect to its legislative history. This paper starts exploring the legal nature of this rule, the purpose of the Act, the features of liquidity provided by this title, the requirements to be observed for use, and some other aspects of that act. Also there is a dissertation on the projection that the rule will have on the market, taking into account the important economic significance that represents the medium and small range enterprises for Peruvian economy.

Research project called “Causes of infringement of the right to request in particular interest by managers of the social health system in Bogota and its relationship to law, public service and security system since 1994”. This article contains achievements from fieldwork process and gather information on issues such as constitutional rules of the right to health and the right to request, Supersalud regulations, jurisprudence trends, research results and conclusions of the study.

This article explores several findings about law and State in the early work of Karl Marx. To fulfill this purpose, identifies some elements of the intellectual context which generated his work and revises his earlier writings. Finally, we present the conclusions of the review and refer the contributions of some of “the new Marxists” who, incidentally, in the twentieth century laid the foundations of “alternative movement of law.” The aim of this review article is to propose a useful teaching tool to enter the work of Marx and his close association with contemporary critical legal studies. As for the working hypothesis, it is proposed that the Marxian assumptions about the State and the law can be read beyond the dichotomy culturalism-economism. The methodology used to develop this work consisted of a literature review of the production of most of the work produced in the youthful period of Karl Marx, which were contextualized by the biographical details found in various sources. Comparing the results of this review, we can say that while some sectors of the early work of Marx in which seemed to suggest some form of economism in the consideration of State and Law, may be due to educational efforts as occurs in the Communist Manifesto, or due to references on special phases of the dialectical process in which the economy can assume special importance. However, by the very nature of dialectical analysis, of which Marx was a connoisseur, it is obvious that there are times when that role is relative.