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artículo
The ubiquity of Internet favors, as never imagined in the history of Law, the birth of countless cross-border private relationships. At the same time, it would seem that the rules of Private International Law cannot be applied to the sphere of cyberspace. This article confronts the universality and intangibility of Internet, to the connection factors based on the geographical division into sovereign States that constitute the axis of Private International Law. Will the Internet demand new categories of legal connecting factors from us? “ciberlex”, “lex electronica”, ¿quo vadis lex?
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The extraterritorial effectiveness of foreign judgments is a matter of major importan-ce in Private International Law. This paper presents the legal regime established in the Peruvian Law, making constant reference to its jurisprudential application in terms of recognition of foreign divorce decrees. Although legislative efforts aimed at simplifying the processing of the judicial process are ve-rified, the norm analysis and its application by the jurisprudence reveal certain lags and contradictions that could endanger the principle of effective judicial protection.
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The problem of determining the most appropriate law to regulate international contracts has been updated in this health crisis context. This article examines the conflictual regime provided in Peruvian Private International Law. Starting from a comparative approach, it highlights a completely liberal conflict system, which marked, since 1984, a clear detachment from the territorial criteria in force in Latin America. Today, an evaluation of its application shows its limitations.