Browsing by Author "Caldas Luna, Sergio Giovanny"

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    El fideicomiso mercantil y su trascendencia en la legislación ecuatoriana: alcance de las últimas reformas
    (2016) Caldas Luna, Sergio Giovanny; Sacasari Aucapiña, Edgar Geovanni
    This research regarding Commercial Trust helped me acknowledge the importance of this legal concept and the different application fields therein. I analyzed everything about its constitution, rights and obligations of the parties involved and how we can generate legal certainty on our assets to form an autonomous equity, with special traits and managed by the Trust Company, the same company that has extensive knowledge and is an expert in the business to be launched.
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    Límites de la libertad de expresión y derechos de la comunicación: análisis del caso “quemada con ácido” publicado por diario el extra y sancionado por la SUPERCOM
    (2016) Caldas Luna, Sergio Giovanny; Avila Solano, Bolívar
    This monograph is related to the Study of the news published by Diario Extra in July 31st, 2015 headlined Burned with Acid. This event was sanctioned by the Superintendence of Information and Communication and due to the constitutional rules currents in our country; it was given by media in which was a treatment morbid into the information been attacked against of the right of human’s dignity. To understand the scope of the given sanction, it was necessary to analyze what happens when they look in apparent conflict of two or more rights, in this case freedom of expression against human’s dignity; Likewise, at the moment of assessing by the judge, it must apply a balancing test considering that human’s dignity is the center in which are derived other rights. It should be emphasized that there is a lot of media that are dedicated to the production of sensationalist contents and police blotter which are the same that instead of profiting, violate the citizen’s rights, who by their lack of knowledge or extreme poverty their rights are violated.