This work presents a critical evaluation of article 529 of Cootad (Organic Code of Territorial Organization, Autonomy and Decentralization). Article 529 prescribes that the alcabala tax that has been paid for the transfer of a property will not be refunded in cases of reform, nullity, resolution or rescission of the contracts that preceded the tran...
The aim of this article is to carry out a critical study of the incident of nullity of actions established in article 241 of the Organic Law of the Judiciary and in article 228 of the Law on Civil Procedure in order to take stock of its effectiveness. / El objetivo de este trabajo es realizar un estudio crítico del incidente de nulidad de actuacion...
The Constitutional Court delimits the concept and scope of public order, the requirement to state the grounds and the judicial review within the framework of the action for annulment of arbitral awards. The Constitutional Court rejects the jurisprudential line of the High Court of Justice of Madrid regarding the broadening of the concept of public ...
In this study, it is proceeded to analized the doctrine emanated from the differents courts, fundamentally, from the Constitucional Court about certain aspects of the article 763 of the Civil Procedure Law, wich regulates non-voluntary confienment due to mental disruption. As it will be posible to verify, there are numerous demands presented by the...
The present work aims to analyse the impact of the new technologies in the procedural documentation, specially, in the act of oral trial. However, it will review the effects of these technologies in the right to appeal and its relation with other fundamental procedural rights. With an illustrative intention, it will be present the problem of the de...
En los procesos de nulidad de sentencia ejecutoriada en el Ecuador existen diversos criterios sobre la asistencia del juez como legitimo contradictor dentro del juicio de nulidad de sentencia. El objeto del presente artículo consiste en determinar que el juez no solo es quien dicta una sentencia sino también es un testigo de la decisión judicial, d...
The work aims to carry out a new delimitation of the basic concepts pertaining to the theory of the invalidity of administrative acts (effectiveness and ineffectiveness, unlawfulness, validity and invalidity). Part Two analyses the fundamental aspects of the regulation for Act 39/2015, setting out its weaknesses. / El trabajo pretende llevar a cabo...
The main objective of this article, is to infer the legal consequence, in Civil Law, to the infractions against the prohibition imposed by the anti-money laundering law, in terms of payments. In order to achieve this, a critical analysis is done to some of the legal dispositions that prevent and sanction money laundering, in particular, those prese...
This artide analyzes the various solutions offered by scientific doctrine and jurisprudence to rhe issue of legal qualification that must be granted to acts and contracts for the purpose of transferring ownership of a good belonging to the post-rnarriage cornmunity made by the surviving spouse without the consent of the rest of the heirs of the pre...
Critical analysis of the STC 151/2017 in which it is judged the situation in which are the councilors not assigned in the promotion and voting of the motion of censure to the mayor, the difference between these and the defectors councilors in accordance with the legislation in force and the Political Agreement against Defection, as well as the inci...
