Vanguardia Jurídica

Editorial

2025-01-16T20:32:11+00:00

The Modification of the Class in the State Contract

2025-01-10T15:39:38+00:00

The restriction on the modification of the class and object of a public contract is the primary rule governing modifications and additions to the contract based on the public interest. Its purpose is to ensure that the objectives of public procurement are not altered, distorted, circumvented, or violated, along with its nature and the conditions agreed upon in the original contract.

To tackle this important task places us in the privileged position of uncovering what the law means by the class of a contract, an element that emerges as a necessary condition to assess whether the modification to the contract disrupts or alters its class and, in this case, its object as well.

The new processing of the appeal of fact and its impact on the administration of Maritime Justice

2025-01-10T15:54:29+00:00

This article proposes the analysis of the new processing of the de facto appeal offered by the Civil Procedure Code, and how this affects the administration of maritime justice. The contrasted legal texts were the Judicial Code and the Civil Procedure Code of the Republic of Panama; the central techniques of this research were comparative analysis and exegesis. This research provides a tool for the analysis of the provisions that regulate the de facto appeal, necessary for the training or training of judicial representatives of aggrieved parties or third parties who wish to file a de facto appeal, and even judicial officials, allowing them to know the changes in the processing of the de facto appeal, as well as those aspects that will continue based on the Civil Procedure Code.

With the new provisions relating to de facto appeals, which will also be applied in the maritime sphere, a more agile and immediate processing is expected; so that the user can receive a response in a timely manner; that can contribute to the efficiency of Maritime Justice.

The importance of an effective criminal policy in Panamá

2025-01-10T16:19:54+00:00

This article addresses the importance of an effective criminal policy to manage crime and ensure public safety in Panamanian society. Through a critical review of contemporary strategies, it explores the theoretical and practical dimensions underlying public policies

in this area, emphasizing the need for a multidimensional approach that combines prevention and repression. Additionally, it analyzes international experiences and their applicability to the Panamanian context, considering the challenges and opportunities for implementing criminal policies tailored to the country’s social needs.

The evolution of criminal policy in Panama has been significant, especially since the reform of the penal system in 2008, which introduced principles of guarantees and a more humane approach to justice administration. Law 63 of 2008 brought changes to the Penal and Procedural Penal Codes, incorporating human rights established in international agreements. These changes transformed the inquisitorial system into a more equitable one, aligned with Panamanian social realities.

The article also highlights the need for substantial investment in human and technological resources, as well as promoting collaboration between the criminal justice system, government institutions, and civil society. Only through a joint effort can progress be made toward creating a safer and more just environment. We conclude that an effective criminal policy should balance prevention, repression, and rehabilitation approaches and be adapted to Panama's socioeconomic and cultural particularities.

Objective liability arising from the use or application of new technologies in the Republic of Panama

2025-01-10T16:49:41+00:00

Technological evolution has influenced the economic development of countries; but it also poses a series of new challenges of various kinds, including the need to legislate on the manufacture of autonomous machines or equipment, their use and the liability derived from such use. This article describes the regulatory situation in Panama and in some countries of the world, and raises the growing need to provide the administrators of justice with clear legal criteria and tools that serve to decide specialized matters such as the attribution factor for the compensation of damages caused by this type of goods, the exclusion of the behavioral or agent factor and that relating to fault or negligence, with a view to a fair, prompt and adequate reparation of the damage.

Void contract and civil liability in Panamanian civil law

2025-01-10T18:35:52+00:00

Contracts are concluded so that they have their own effects. However, they may be ineffective due to the concurrence of some cause of nullity. Nullity is imposed as a sanction that the legal system provides to deny, eliminate or deprive contracts and legal acts in general of effect, for having been entered into in violation of the law.

As a consequence of the declaration of nullity of the contract, damages may be generated to the counterparty who has trusted, without fault, in the validity of the contract and who has the legitimate expectation that the legal effects inherent to the contract will occur. Civil liability will arise in order to compensate for damages suffered by the counterparty, regardless of the existence of a contract.