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Ius Humani. Law Journal

iushumani
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Published by Universidad de Los Hemisferios

ISSN : 1390440X EISSN : 13907794 DOI : -

Core Subject : Humanities, Art, Social,

Arts Humanities Law, Crime, Criminology & Criminal Justice

Ius Humani Law Journal is a platform (iushumani.org) open to researchers around the world. It contains articles in all languages, where writers publish original studies on persons rights (natural, human or constitutional) and about the effective procedures for the protection of rights. The studies are viewed both form the philosophical perspective and the perspective of the fundamental juridical principles. Ius Humaniâ€™s purpose is the diffusion of knowledge, and the promotion of debate on different juridical perspectives.

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Articles 13 Documents

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Search results for , issue "Vol 6 (2017)" : 13 Documents clear

Viabilidad de las sociedades laborales en Ecuador. Una aproximación documental Mercedes Montiel
Ius Humani. Jornal do direito Vol 6 (2017)
Publisher : Universidad Hemisferios

Labour Societies have developed a particular interest in Spain, settling as corporations or limited liability companies, highlighting their characteristics that most of the capital is owned by the workers, who have a 51% stake in the capital, but with the limitations that each employee can not have more than one third of what makes up the capital and in the case of breaking the employment relationship, the worker must transfer their shares or participation to other partners for right of preference established in society, in order to maintain actions within it. For the above stated, the present work aims through a descriptive and documentary methodology with the technique of observation and document analysis, supported by triangulation and legal interpretation, analyze the structure of industrial societies, their benefits and limitations, to determine convenience and forecast the impact of the existence of labor Societies in Ecuador, proposing his alternative time about the various ways to guide and train workers and entrepreneurs for opening and participation in these businesses.

Ineficacia de la acción de repetición Guillermo Enríquez Burbano
Ius Humani. Jornal do direito Vol 6 (2017)
Publisher : Universidad Hemisferios

This research includes the study of the action of repetition, within the art. 11.9 of the Constitution of the Republic of Ecuador, it is noteworthy that the supreme law embodies the principle or right of the State to compensation for damage caused by servers public whose actions marked by intent or fraud have caused it. the absence of a specific and effective procedure through which the action of repetition, consequently achieving the corresponding executable statement is demanded, a situation that calls to approach new elements to the present process is verified. The current regulation of the action of repetition ensures that judges who know the causes can not rule on intent or gross negligence of officials or public servants, and the degree of responsibility for them, hence it is necessary to achieve effective determination responsible so he can answer for the compensation amounts derived from the domestic and international decisions when Ecuador must assume them, such a situation results in an economic loss to the exchequer and a perpetuation of impunity for the actions carried out irresponsibly by officials or public servants that may affect third.

Génesis de las costumbres no codificadas Atefeh Roohi Kargar; Rasoul Parvin
Ius Humani. Jornal do direito Vol 6 (2017)
Publisher : Universidad Hemisferios

The study of what is called “customary law” and “non-written rules” is always faced with ambiguity due to the lack of written resources. The reason for emphasizing the role of custom and applying the words on their customary meanings was to re-focus on this rich source of rights, which is far from sights. By reviewing the Articles, books and documentary data, we tried to look again at the status of unwritten conventions, legal rules and legal principles that could be interpreted as legal norms. If written or assigned to a bunch or a material to them, along with other laws they can be a good complement. This paper intends to review the role of custom and habit in concluding contracts by reviewing past comparative law studies and helping out the role of custom and unwritten rights. Besides, it intends to unify the material of Arts. 220, 225 and other Arts. of civil law of the parties to the awareness of the custom, because ignorance of the customary is not like ignorance of the law.

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