Browsing by Author "Jordan Buenaño, Jeanette Elizabeth"

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Los contratos de franquicia y el derecho a la seguridad jurídica del franquiciado
(Universida Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-02) López Vaquero, Andrea Elizabeth; Jordan Buenaño, Jeanette Elizabeth
He present research work was carried out with the objective of determining the degree of affectation to the legal security of the determined contractual part, the weakest that is the franchisee, for which the investigation instrument of the interview was applied. Likewise, the clauses within the subscription of a franchise agreement, the events to the subsequent repetition in them, the controversies within the franchisor / franchisee relationship or the possible contingencies to be raised are analyzed; the scope of Ecuadorian legislation under the protection of franchisee rights, since it owns the licenses provided to it, but not the brand itself. The impact of this research is at the national level and throughout Ecuador this type of commercial activities is developed, contacting the fundamental factor that is making it possible to demonstrate the shortcomings will finally contribute to generating legal certainty to the parties.
Las cooperativas de ahorro y crédito y la reparación a los inversionistas de plazo fijo
(Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2020-11) Tisalema Mallqui, Luis Fernando; Jordan Buenaño, Jeanette Elizabeth
This research work addresses the issue of Savings and Credit Cooperatives and reparation to fixed-term investors, for highlighting the social legal problem in the forced liquidation of the period 2010 to 2018, consequently this affects the rights of four hundred and thirty and seven thousand seven hundred five (436,705) investors, creditors and partners, and economic losses of forty-six million six hundred seventy-one thousand five hundred twenty-seven dollars (46'671,527.00). It was necessary to carry out this type of study with the Cooperatives in force to safeguard the rights of the members. To determine reparation to fixed-term investors, the research was developed through the quantitative, qualitative, exploratory, descriptive, bibliographic and field documentary methodology, with which it is determined that the reparation they have is not typified in any law. For fixed-term investors, there is no procedure for the settlement of fixed-term deposits in Cooperatives. The benefits that institutions give to fixed-term investors are; access to COSEDE insurance, percentage interests, gifts and recognitions at the Cooperative's events. With the analysis of the certificate of fixed-term deposit and interviews, the rights violated by the Savings and Credit Cooperatives were established.
El derecho humano a la movilidad y el deber de protección especial del estado ecuatoriano
(Universida Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Maestria en Derecho Constitucional, 2020-03) Mera Cabezas, María del Carmen; Jordan Buenaño, Jeanette Elizabeth
The Human mobility is a phenomenon produced by the economic, political and social weakening of the rule of law. In the 2008 Constitution of Ecuador, human mobility is no longer considered a problem, but takes a new two-way guarantee conception; that is to say on the one hand a constitutional right and on the other, a special duty of protection of the State. Likewise, the migratory waves that Latin America has suffered in the last decade has made visible that the lack of weak and austere public norms and policies in the protection of human rights, mainly by contradicting the special duty of protection with discriminatory and threatening norms against the dignity of people. In this regard, International Human Rights Protection Organizations such as the UN. OAS and UNHCR, have ruled that states should couple their domestic legislation and avoid abusive and arbitrary behavior against migrant groups that cross and live in each State party, this leads to an analysis of whether the State Ecuadorian fully fulfills its special duty to protect the right of human mobility, established in Article 41 of the Constitution.
La eficacia de la mediación en los procesos de familia, mujer, niñez y adolescencia
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2018-06) Ojeda Villa, Carlos Francisco; Jordan Buenaño, Jeanette Elizabeth
The present research project is important because it deals with the effectiveness of quick resolution measures to resolve disputes between the society, although the resolution of disputes in which the judgment of a judge has been constituted in the traditional means of termination of a Process, without opting for other routes; That is, they do not derive the causes to altemative methods for the solution of conflicts as they are: the mediation, the arbitration. It is for these cases that have motivated the study of this problem that is occurring in the judicial units of the cantón Ambato, that despite the fact that the judge dismisses the case, the petitioners reject the same and choose to follow the process by means of ordinary jurisdiction, causing Thus the congestión of the administration of justice. At the global level, mediation has become a mechanism for solving conflicts in a peaceful way and because of this, these mechanisms have been gaining strength over the years
La estabilidad laboral y el despido ineficaz de la mujer trabajadora
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-11) Rivas Rosero, Erick Andrés; Jordan Buenaño, Jeanette Elizabeth
The present research project of the theme: "LABOR STABILITY AND INEFFECTIVE DISMISSAL OF WORKING WOMEN" seeks to discuss job stability due to ineffective dismissal in working women, establishing a quantitative and qualitative methodology which helps to obtain causes and patterns that may incur a condition to the rights of the workers, in addition to legally determining if the regulations are effective at the time of exercising justice in this type of case. Once the research project is done, it can be determined if there are several irregularities in relation to the matter of ineffective dismissal, one of them is the misinformation of the workers, as well as the reduction of their state of seriousness, in the same reason as for the applicant the workers in this condition will mean a loss and therefore it will be repeated a little unjustified, in the same way it was possible to contrast that the legal concept of ineffective dismissal is not effective at the moment of shortening deadlines and not allowing an accumulation of claims in these proceedings. Thus, thanks to the results obtained it is evident that the ineffective dismissal if it affects the working stability of the working woman, generating a damage to her economic security and helping to increase the unemployment and idleness rates in women.
Las sanciones por el imcuplimiento de decisiones legítimas de autoridadcompetente en los casos de violencia intrafamiliar y la seguridad juridica
(Universidad Técnica de Ambato, Facultad de Jurisprudencia y Ciencias Sociales, Carrera de Derecho, 2019-11) Iza Iza, Luz Adela; Jordan Buenaño, Jeanette Elizabeth
The project of investigation will analyze; the problem of stablish fines in severity neglect of the rightful decisions by the competent authority, in the intra-familiar violent cases, also analyze the legal security principal established in the Ecuadorian republican constitution. The social reality is showed different at the enforcing moment in the legal Ecuadorian norms, through time society has changed, adding to this new mental, cultural, societal and educative paradigms, the reason why Ecuadorian legislation transcended in each normative, especially in the penal area, with new figures leaded to precaut society peace. The importance of the themes lies on the preview of fines magnitude for the penal types, in this case two penal types respect to the protected legal goods. Nowadays the release of an investigation is possible thanks to the rights professional's collaboration. The methodology that will be apply in the present, is documental by bibliography through studies and analysis found in books, magazines and scientific article's data, also to the application of surveys apply by the judges from the Legal Unit of Penal Garanty Specialize in Violence against Woman and Family, and Flagrance Legal Unity of Quitumbe Parish, wich results has helped to show that exist and affectation to the legal security, respect to the theme posed