Nuestra Constitución Política del Estado establece que es una obligación fundamental de la comunidad y al Estado la protección especialmente al niño y al adolescente (artículo 4); empero, existe una realidad, que los niños y adolescentes están siendo víctimas de daños (personales y morales) en nuestras instituciones educativas: inicial, primaria y secundaria; hecho que comprueba de significativo número de denuncias que directamente hacen lo niños agredidos y/o padres de éstos ante el portal web de SISEVE del Ministerio de Educación. En nuestro Código Civil, no existe una disposición normativa que regule de modo específico la responsabilidad civil por el daño sufrido u ocasionado por un niño dentro de las instituciones educativas, una norma que establezca en quién recae la responsabilidad civil y que precise quién o quiénes son los responsables por el daño, una norm...

In this article we analyze the new type of violence against women and other family members, i.e. intra-family economic and patrimonial violence, which has recently been regulated by Law No. 30364 - Law to prevent, punish, and eradicate violence against women and other family members. The paper analyzes the definition of the concept, its characteristics, the importance of preventing, punishing, and eradicating this type of violence, the way it has been regulated in other neighboring countries, the different assumptions and typical cases of economic and patrimonial violence, their differences, and the importance of eradicating this type of violence in the family.

In this article, we briefly analyze the civil responsibility that the educational institution must assume regarding the damages suffered by children and adolescents (as students) when they are inside the educational institution or under its authority; we warn that, in spite of existing international and national instruments, such as the Convention on the Rights of the Child of which Peru is a party and the Political Constitution of the State, which establish a duty of the State to provide special protection to children and adolescents, they are suffering damages within educational institutions or under their authority. In our environment, no civil liability has been established against the breach of this duty of protection that causes harm to minors in educational institutions.

When children and adolescents act with discernment, they are civilly responsible for the damages they may cause; however, when the harm is caused by a child who does not have the ability to discern, no responsibility can be attributed to him, since he has not had the ability to understand or love the act that has caused harm. However, the victim can not be without compensation for the unjust damage suffered, it is very likely that children and adolescents do not have a heritage that they can count on for compensation; In this case, in order that the victim is not unfairly affected, some civil codes have provided that in these cases the parents or legal representatives of the minor must respond. Our Civil Code, although in its article 458 ° has regulatedthe civil responsibility of the minor capable of discernment, however, after the repeal of ...

In this article we analyze the new type of violence against women and other family members, i.e. intra-family economic and patrimonial violence, which has recently been regulated by Law No. 30364 - Law to prevent, punish, and eradicate violence against women and other family members. The paper analyzes the definition of the concept, its characteristics, the importance of preventing, punishing, and eradicating this type of violence, the way it has been regulated in other neighboring countries, the different assumptions and typical cases of economic and patrimonial violence, their differences, and the importance of eradicating this type of violence in the family.

In this article, we briefly analyze the civil responsibility that the educational institution must assume regarding the damages suffered by children and adolescents (as students) when they are inside the educational institution or under its authority; we warn that, in spite of existing international and national instruments, such as the Convention on the Rights of the Child of which Peru is a party and the Political Constitution of the State, which establish a duty of the State to provide special protection to children and adolescents, they are suffering damages within educational institutions or under their authority. In our environment, no civil liability has been established against the breach of this duty of protection that causes harm to minors in educational institutions.

When children and adolescents act with discernment, they are civilly responsible for the damages they may cause; however, when the harm is caused by a child who does not have the ability to discern, no responsibility can be attributed to him, since he has not had the ability to understand or love the act that has caused harm. However, the victim can not be without compensation for the unjust damage suffered, it is very likely that children and adolescents do not have a heritage that they can count on for compensation; In this case, in order that the victim is not unfairly affected, some civil codes have provided that in these cases the parents or legal representatives of the minor must respond. Our Civil Code, although in its article 458 ° has regulatedthe civil responsibility of the minor capable of discernment, however, after the repeal of ...

One of the main functions of the institution of civil liability is to repair the damages suffered by the victim through an economic compensation. However, for the victim of the damages produced as a result of the practice of a professional activity, to obtain compensation for the damages caused, the attributed factors, that may be subjective, that is when there is negligence; or objective, when there is not, must be accredited in trial in addition to the existence of the harm and the causal relationship. This article addresses the attributed factor, which in this case is subjective, it analyzes the burden of proof of the inexcusable fault in civil liability for medical malpractice in health institutions; more specifically, it analyzes who must prove that the harm produced to the patient was due to the inexcusable negligence or not of the health professional.

One of the main functions of the institution of civil liability is to repair the damages suffered by the victim through an economic compensation. However, for the victim of the damages produced as a result of the practice of a professional activity, to obtain compensation for the damages caused, the attributed factors, that may be subjective, that is when there is negligence; or objective, when there is not, must be accredited in trial in addition to the existence of the harm and the causal relationship. This article addresses the attributed factor, which in this case is subjective, it analyzes the burden of proof of the inexcusable fault in civil liability for medical malpractice in health institutions; more specifically, it analyzes who must prove that the harm produced to the patient was due to the inexcusable negligence or not of the health professional.