This paper analyzes the situation following the closure of a commercial establishment, ordered by the Public Administration, and the procedure that applicants must follow, in order to be able to open the establishment again for business and continue with their trading activities. The existence of incentives that influence people's decision-making in these situations and thus regulate their behavior –sometimes to follow the regulatory administrative provisions, and at others to simply meet their needs–, will be analyzed. We identify that the procedure after the temporary closure order means a long and dark path that the inspected applicant is obliged to follow. This often constitutes a perverse incentive that motivates the applicant to disobey. Likewise, the offense detection factor can be seen as an indicator of the deficiency of the State to identify the offenders and to require the...

The general principles of law are a worldview or aspiration that generate guidelines that go beyond the creative work of positive law, covering not only the act generator of the legal norm but also the mechanisms of interpretation and legal integration. However, each area of law is ruled by special principles that are its own and that generate individual characteristics that make them independent. This article seeks to relate the rules that govern the legal transactions with those that deal with the exchange law, trying to demonstrate the singularities inherent in this special area of law, we will start from a historical perspective and culminate in the normative and jurisprudential demonstration, reinforced by dogmatic in both fields of legal knowledge.

This work presents reflections on the connection between law and sociology, ethics, morality, religion, literature and philosophy; and links legal concepts— assumed a priori—in their non-philosophical meaning. Raising questions de rived from other branches of human knowledge will allow us to assume and understand the multidisciplinary nature of law, starting from legal situations contrasted with the eminently sociological field. Likewise, we will reflect on religious, moral and ethical issues, in the light of philosophy that questions everything —especially a Nietzschean vision— and from the perspective of literature, which addresses everything.

This paper analyzes the situation following the closure of a commercial establishment, ordered by the Public Administration, and the procedure that applicants must follow, in order to be able to open the establishment again for business and continue with their trading activities. The existence of incentives that influence people's decision-making in these situations and thus regulate their behavior –sometimes to follow the regulatory administrative provisions, and at others to simply meet their needs–, will be analyzed. We identify that the procedure after the temporary closure order means a long and dark path that the inspected applicant is obliged to follow. This often constitutes a perverse incentive that motivates the applicant to disobey. Likewise, the offense detection factor can be seen as an indicator of the deficiency of the State to identify the offenders and to require the...

The article 1233 of the Peruvian Civil Code from 1984 developed while the repealed “Securities Act No. 16587” was still in force and regulating only four securities: The bill of exchange, promissory note, check and voucher to order. At present, have been added to the first three mentioned, a large number of securities that incorporate rights of various kinds that can fit into a promise or a payment order, that generates the need to analyze in depth the scope of the regulation. Additionally, the article analyzed, influenced by foreign law, has not provided the intentional act of the creditor, limited only to blame and not malice. This allows us to affirm the existence of unregulated behaviors with no specific legal consequence. The above described generates the need to modify this regulation and link it deeply to the “Obligations Theory” and in t...

The article 1233 of the Peruvian Civil Code from 1984 developed while the repealed “Securities Act No. 16587” was still in force and regulating only four securities: The bill of exchange, promissory note, check and voucher to order. At present, have been added to the first three mentioned, a large number of securities that incorporate rights of various kinds that can fit into a promise or a payment order, that generates the need to analyze in depth the scope of the regulation. Additionally, the article analyzed, influenced by foreign law, has not provided the intentional act of the creditor, limited only to blame and not malice. This allows us to affirm the existence of unregulated behaviors with no specific legal consequence. The above described generates the need to modify this regulation and link it deeply to the “Obligations Theory” and in t...