Monday, August 31, 2009

Lightest Recommended Squash Racquet

7 general ideas ...

to quickly review the first part of next class ...

1. Are "Computer Contracts", those in which the voluntary agreement or information assets rests with physical computing and / or software, or the provision of technology services and the voluntary agreement of the bilateral legal act, as a rule, are perfect for in person and not electronic.

computer contracts are intended only to bilateral legal act of acquisition of goods (hardware and / or software) or the provision of IT services and the voluntary agreement is not perfected via networks or "telematics."

stakeholders (users and providers of software and systems) self-regulating and agree to specific rules and techniques related to the marketing of goods and computer services.

"conflicting and complex elements that create an imbalance?: The lack of technical knowledge from users who hired, and lack of accountability of providers contractualmentepor established way of limiting and / or exemption from responsibility.

2. Are "electronic or information technology contracts is one in which the voluntary agreement does not rest necessarily on multimedia assets (they can buy goods not scanned), and where he develops or improves the electronic or digital form, via networks, between absent and distance where pay is also usually mail.

An electronic contract can be upgraded via networks to goods / services (domain name registration, software licensing) or not (buy a plane ticket, buy a TV.)

E-procurement is that which is done by computer / telematics, with a decisive influence, real and direct the formation of will and development agreement.

What is the relationship with the "electronic commerce"?: .... All commercial acts or electronically via networks are electronic contracts, distance "From away" (the electronic presentiality linking PCs not people) and digital media.

3. Both are generally adhesion contracts ...., where autonomy is limited to deciding whether to hire or not. Or licensing (opening the seal of the box or package), or not, or I join a transaction platform, or not, or register a domain name or not, or contract a software called "certificate" to generate electronic signatures or not, or buy a www.paris.cl well, or not so.

option to negotiate and discuss is minimal, because a contracting party dictates the terms under which the contract is concluded and the counterparty merely accept them.

Exceptions "?: (I) the contract to develop computer software to measure, (ii) the license agreement the licensee has a strong bargaining power ...

4. Key role in most of electronic contracts is played by the legal terms and conditions of use. They contain the terms of the contract, set to be made use of personal data collected, the delivery of goods, payment arrangements, applicable law and competent court in case of conflicts, and so on.

Two decisions of the U.S. Supreme Court had denied the quality of contract to these agreements, because consumers know its terms and was made applicable by the mere fact of entering the site.

New article 12 A, paragraph 1, Law 19,496: "The contracts concluded by electronic means, and those who accepts an offer made through catalogs, advertisements or any other form of distance communication, consent is not means formed if the consumer has not previously had access to clear, comprehensible and unambiguous in the same general conditions and the ability to store or print them. "

5. Electronic procurement, "theoretically" could be problems arising from the territoriality Internet, compared to the territoriality of law. Ie ... if the e-commerce operation is performed on servers or websites located outside of Chile, will be difficult, for example, to apply the rules of the 19,496 law on consumer rights ("The case of the shirt China silk bought from Miami ...") and report or sue the company before the Chilean courts. What practice?: B2C is solved explicitly in the B2B Web site and the resort to arbitration.

6. Some electronic contracts require prior conclusion of a contract computer.

(i) For a hub (eg supermarket) to exchange orders electronically purchasing with their suppliers, we require that all operating in a data center or in a emarketplace and, therefore, to conclude a contract for electronic brokerage that enable transactions.

(ii) For the sender of an electronic invoice to the issue legally and send it to the IRS and the recipient (or endorse it to a factoring company in accordance with the law previously required to purchase 19,983 ...), generation software firms with a company that provides electronic certification service identities, PSC or "certification authority", already accredited by the SII (Exempt Resolution 09, 2001).

7. Some have specific laws and administrative regulations or special:

(i) Law 19,886, on the state electronic purchases.
(ii) Law 19,799, which regulates the provision of electronic certification of identities.
(iii) of the IRS Exempt Resolution No. 09, 2001, which regulates the provision of electronic certification of identities in tax matters.
(v) of the IRS Exempt Resolution No. 81, August 2005, on provision of electronic billing services or authorizes to taxpayers as "electronic tax service providers."
(vi) Law 19,496, which has specific rules for the B2C
(vii) Law 17,336, which regulates the software license agreements.
(viii) NG 171, SVS, which regulates the sale of insurance on line.
(ix) "Rules" of www.nic.cl, a contract that governs the allocation and registration of domain names.

See you ... Rjl

Friday, August 7, 2009

Merilyn Sakova In Christmas Dress



indignation, condemnation and applause in reading

of the foundations of a controversial decision

After damning arguments regarding the judge's Car Rozanski was applauded by the audience standing in the room, while the other two judges were designated as "accomplices to genocide."

More than a month after the ruling that acquitted Colonel Alejandro Guillermo Duret and sentenced to house arrest retired general Pedro Pablo Mansilla for the kidnapping, torture and murder of a militant Peronist Youth, Carlos Labolit

to the court, composed of its president Nelson Jarazo, Alejandro Esmoris and Carlos Rozanski- yesterday called for the audience reading the basics of sentence. However, only single-Rozanski judge sentenced the two accused, "read the evidence on which it relied to reach failure in dissent. This was because, princip almente that once the exposure of the judge, the audience in the room stood and applauded vigorously repudiated the rest of the court, which led to evict

ra the room.

Another factor that prevented the reading of the foundation was re constants that hearing lasted 9 hours, so that, after excluding the public, the complaint by Dr. Cesar Sivo suggested reading and leave the copy to be delivered by the parties. The request was acceded to by defense lawyers as well as the public prosecutor and the other part of the lawsuit represented by the Human Rights Secretariat of the Province of Buenos Aires.


applauded Failure

Dr. Carlos Rozanski started reading around 10:30 with a framework provided by a large audience in the room and a major manifestation of protest against the majority ruling issued on July 3.

The judge based his decision primarily based on the facts of the case which permit to consider under what are called crimes against humanity. This, which at first seems a mere truism, lets give Relevance ia a series of testimonies and evidence, perhaps, in a trial linked to a crime of aggravated murder but not in the context of genocide, could be dismissed.

"The day the lions have their own historians, stories of hunting will be different," says an old African proverb that was included in the decision of the judge, referring to more than 30 years after the occurrence of facts and a clear framework of impunity which, it was argued, was part of the plan ap anointed to "exterminate" a sector of society in Argentina.

These terms are developed for several hours exposure to Rozanski characterized by numerous citations to cases of eminent criminologists and national and international processes linked to social policy which have led to similar crimes that occurred in Argentina during the military dictatorship. They went through the story references the Nazi Holocaust, the Armenian genocide, the Milosevic trial at the Yugoslav , the wars in Vietnam and Algeria, among numerous other examples of international jurisprudence that allowed the judge Labolita argue that the case falls within what considered a crime against humanity and no common crime.

"We're not at the mere sum of crime," he said Rozanski added that these facts should be judged in the context of "something significantly larger, corresponding to designate as genocide."

In reading several passages, the audience, mostly members of human rights organizations, applauded the judge said, especially when exposed each of the evidence that the judge showed c clarity on the authorship of the two suspects.

addition, in the grounds, Rozanski dared to argue that the arguments of the defense, trying to engage in a logic of what might be dubbed "criminal law the friend. "divergent axis Building the foundations of the" enemy criminal law "-by which it is judged as guilty innocent, the judge suggested that c sa guarantee of impunity is judged to be innocent but the evidence is strong for prove the guilt of both defendants.

Thus, described as "unworthy" the ruling and the arguments of the defenders who always underestimated the evidence arguing that "had no value for their inaccuracies.

To conclude with a clear explanation as to why sentenced to Duret and Mansilla imprisonment, Rozanski stressed that the testimonies and documents s constituted as evidence during the oral debate clearly identify the two suspects as responsible for the disappearance, torture and murder of Labolita.

In this regard, stressed the symbolic value to speak of imprisonment and no imprisonment in the ruling, even though today is not legally make the distinction.


Prison

home

Regarding the other point at which failure dissent Rozanski, v instilled to the granting of the benefit of keeping the house arrest retired general Mansilla, Judge forcefully argued for its refusal, stressing that "there is a procedural change of the accused" and that today "suspected of being responsible for the crimes mentioned became, the court unanimously, certainly." This means that today, Mansilla is condemned to life imprisonment for what their benefits and processing should be reevaluated. "No way the identity card a person can force a judge to send her home to a convict, "said the lawyer in their foundations, while adding that" it is necessary to take into account the danger of these men did not hesitate to kidnap, kill and to remove the bodies of their victims. "

Finally, Rozanski said he does not judge where the subject is guilty of the crimes he committed Mansilla go to his house to play with his grandson, but what made to go to an ordinary prison.

Ovation

and repudiation

18.50 on the clock when, the only judges who voted in dissent on July 3, ended with its foundations. A second later, the entire room stood up and began to applaud while accusatory posters were displayed against Colonel Duret and judges and Jarazo Esmoris. "Duret murderer" and Esmoris Jarazo complicit in the genocide ", were some of the most resonant phrases that could be read. The concurrent outraged began to boo and insult to the two board members responsible for the release of former intelligence chief in the area Missing Carlos Labolita operational.

Given the situation, the court called a recess and ordered the police officers present at the meeting not be allowed to reenter the public.

However, members of various human rights organizations and the general public decided not to enter beyond the disability of the court.

Thus, the meeting resumed with only the three judges and the parties. However, given the factors referred to the readings or continued, the termination of the oral and public debate.


The theory of conspiracy and criminal law friend

During the reading of his reasons, Judge Carlos Rozanski said against the acquitted Colonel Guillermo Alejandro Duret, who, according to the judge, sought to rely on a false theory plot.

A judge ordered his ruling that the two soldiers charged with the murder of Carlos Alberto Labolita, took his time to whip Colonel Duret. Nelson and colleagues Alejandro Jarazo Esmoris, did not escape criticism.

Rozanski said Duret tried to defend herself wielding a conspiracy theory that never existed. Just recalled the colonel said, during his unsworn statement, to be a scapegoat and a fugitive. Also underestimated the court deemed it not to be composed of military and national government accused of interfering in the process.

Judge Duret compared to a defendant for the crime of abuse of children, who often defend blaming the rest. Blame it on the mother of the abused child or family or teacher but never charged. "It should be remembered," said Rozanski, who blamed his trial Duret Karl Marx had written in 1848 by Capital. "

Duret also said that if he was applying the "enemy criminal law" in which the enemy is not given, no justice, condemned even without proof. Rozanski contest, military theory and outlined the "criminal law's friend" is not condemned but leftover testing. The criticism reached their colleagues and Alexander Nelson Jarazo Esmoris the July 3 decided to acquit Duret.

Finally, I devoted a paragraph to the defenders of the military, who would have tried to have foisted a "washed version" of the clandestine detention center that operated in the regiment 1 Blue, which was Mansilla the prime responsibility and Duret, his right hand.