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La equiparación a sujetos de derechos de los animales y los ecosistemas. El uso impropio de la categoría “sujeto de derechos” para establecer nuevos límites a la autonomía individual

Year: 2020
Type: book-chapter
Abstract: The author criticizes approximations in the Colombian jurisprudence that have compared animals and ecosystems as legal personhood. This happens in order to overcome their lack of protection. This comparison is improper use to the legal personhood since this one has been used to establish a center of the imputation of rights and obligations. That happens in attention to the rest of the categories of civil law such as liability, contract, and family. A fair instrument to guarantee the protection of animals and ecosystems would be an imposition of limits on its individual autonomy, as established by the Ecological Constitution, not by changing the legal nature of things.
Language: Spanish
Subfield: Law
Open Access status: green
OpenAlex ID: W4240258267
FWCI: 2.936
Cites:
Cited by: 2
Related to: 10