ANALISYS OF THE DECISION ISSUED IN THE CASE “THE BIG BROTHER”
Journal Title: Ius Humani. Revista de Derecho - Year 2012, Vol 3, Issue 1
Abstract
This article presents a brief analysis of the decision issued in the case known as “The Big Brother” with particular emphasis in the aspects in which the decision incurs in juridical errors. It departs from an objective revision which does not anticipate an opinion regarding the responsibility determined for defendants. On the contrary it is focused in those elements lessening merits to the decision and its grounds which are not consistent with the applicable juridical system, even independently from the main decision. Subjects such as the requirement of prejudication in matters of indemnity in case of damages derived from a crime, the nature of the liability of the co-perpetrator of a crime or quasi crime, the concept of the amount of repair in case of moral damages and its way of establishing the amount, the differences between moral damage and patrimonial damage and the necessity to use the method of carefully consideration in the events of conflict of rights are approached by the doctrine and jurisprudence with the occasion of the opinions issued by the judge trying the case in the decision. Even though the judgment was not executed since plaintiff abandoned the action, it disturbed the judicial spheres because of the litigating parties: the President of the Republic and two journalists.
Authors and Affiliations
Santiago Guarderas Izquierdo
Keywords
Related Articles
- EP ID EP36061
- DOI https://doi.org/10.31207/ih.v3i0.46
- Views 419
- Downloads 0
JUDICIAL TRANSFORMATIONS IN ECUADOR: THE BALANCE OF POWER SEEN THROUGH THE ANALYSIS OF SOCIAL NETWORKS
This text explores the balance of powers in the Republic of Ecuador through Social Network Analysis (SNA). It argues that formal and informal ties among political system’s actors can be affected as a result of an improve...
THE ASSESSMENT AND REVIEW OF THE CITIZENSHIP CRITERION AND ITS DISTINCTION FROM OTHER SIMILAR CONCEPTS IN IRANIAN LAW
Citizenship is one of the concepts discussed in most fields of humanities. Each field has studied it within a context regarding its perspective. The criterion of citizenship has been neglected in most of these studies an...
COMPETITIION AND ANTITRUST LAW IN ECUADORIAN CONSTITUTION
This work allows us to establish the Economic Constitution and the Competition Law (C.L) in the Constitution. Additionally, the paper analyzes whether the rules outlined in the C. L. and in doctrine are consistent and ap...
LET’S TALK ABOUT THE RIGHT TO STILLING ALIVE
With the objective of highlighting the value of the fundamental right within the fundamental rights, according to the Political Constitution of Colombia (and other constitutions) and, within its line of research in histo...
ORGANIC LAW OF JUDICIAL GUARANTEES AND CONSTITUTIONAL CONTROL
This paper demonstrates the various unconstitutional and fallacies of the Organic Law of Judicial guarantees and Constitutional Control. For that, there will be a comprehensive collation between the mentioned law and the...