El concepto de persona y su papel en nuestro sistema legal. Análisis crítico del fallo del tribunal constitucional que declaró la constitucionalidad de la ley que despenalizó el aborto en tres causales
This work aims to explain that the concept of person and legal personality is not a necessary and enough requirement to be the holder of rights, although it is to be considered as a subject of law in matters of legal relationships creating, modifying or extinguishing rights and obligations. And inte...
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| Format: | Article |
| Language: | Spanish |
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2018
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7175022 |
| Source: | Revista Jurídica Digital UANDES, ISSN 0719-7942, Vol. 2, Nº. 2, 2018, pags. 93-114 |
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| Summary: |
This work aims to explain that the concept of person and legal personality is not a necessary and enough requirement to be the holder of rights, although it is to be considered as a subject of law in matters of legal relationships creating, modifying or extinguishing rights and obligations. And intends to do so, in order to critically analyze the Chilean Constitutional Court ruling, which declared the constitutionality of law N° 21.030, which decriminalized abortion in three causes, showing that the majority vote contains false, insufficient and logically and legally badly constructed assertions; that the conclusions to which said vote above subvert some fundamental concepts of the Science of Law and that ignores the will expressed by the constituent when, regarding to a modification of the Constitution, it was recorded that the unborn and conceived child had the right to life. |
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