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How is the value of the penalty clause established in a lease contract in Colombia?
The value of the penalty clause in a lease contract in Colombia is established by agreement between the parties and must reflect a reasonable estimate of the damages that could arise from non-compliance. The penalty clause serves as compensation in case of violation of the terms of the contract. It is important that the amount of the penalty clause is proportionate and not excessive, since Colombian law establishes that abusive penalty clauses can be reduced by the courts. Including this clause provides legal security in case of non-compliance.
What is the legal position on the representation of minors in family cases in Paraguay?
The representation of minors may be recognized by Paraguayan legislation in family cases. Courts may appoint specialized lawyers or legal guardians to ensure the protection of the rights of the minor during the judicial process.
How is the identity of applicants for scholarships and educational aid in Peru verified?
To verify the identity of applicants for scholarships and educational aid in Peru, identification documents, proof of income and other relevant documents may be required. Educational institutions and scholarship granting organizations may conduct validation processes to ensure that recipients are eligible and meet the requirements.
What are the requirements to obtain custody of a child in the event of the death of the father or mother in Colombia?
In the event of the death of one parent in Colombia, custody of the child will generally be awarded to the other surviving parent, unless it is proven that it is not in the best interests of the child. In that case, other close family members, such as grandparents or other relatives, can request custody, and the judge will make a decision based on the child's well-being.
How are labor claims related to non-payment of overtime addressed in Argentina?
Failure to pay overtime in Argentina can result in lawsuits by affected employees. Labor legislation clearly establishes the conditions for the payment of overtime and the limits of the working day. Employers who do not comply with these regulations may face lawsuits from employees seeking appropriate pay and, in some cases, additional compensation. Accurate documentation of hours worked, written communications, and payment records is crucial to supporting claims related to nonpayment of overtime.
What is the process to request the adoption of a biological child of the spouse in Guatemala when you are a de facto couple?
In Guatemala, adoption by de facto couples is currently not allowed. Adoption is only legally recognized for marriages made up of a man and a woman. Therefore, de facto couples cannot request the adoption of their spouse's biological child in Guatemala.
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