1
artículo
Publicado 2020
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El artículo 48 del Texto Único Ordenado de la Ley que regula el Proceso Contencioso-Administrativo (aprobado mediante el Decreto Supremo 011-2019-JUS) establece como causa de nulidad de actos y reglamentos su contradicción con sentencias dictadas con el fin de eludir su cumplimiento. Se analizan en el trabajo todos los elementos y requisitos para que concurra esa causa de nulidad. Y se sostiene que tal causa de nulidad se puede alegar y estimar en trámite de ejecución de sentencia y en procesos autónomos.
2
artículo
Publicado 2020
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The article 48 from the called “Texto Único Ordenado” of the Contentious-Administrative Process Law establishes as a cause of nullity of acts and regulations its contradiction with judgments, in order to avoid its compliance. All the elements and requirements, so that this cause of nullity might happen, are analyzed in the paper. And it is argued that such cause of nullity can be successfully alleged in the process of enforcement of judgments and in autonomous processes.
3
artículo
Publicado 2016
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The disciplinary liability of legal entities, which the regulation normally accepts, is not an exception to the principles of existing guilty and of personalizing the sanction: it is a liability for action and fault of the legal entity. In particular, it analyzes the liability of legal entities by the actions of their administrators. And, also, it studies the cases in which the Law provides certain complements or qualifications to that liability. Above all, the cases in which the disciplinary liability of the administrators is evident. It also addresses the liability of entities without personality and it highlights the advantages and difficulties that their application entails.
4
artículo
Publicado 2016
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The disciplinary liability of legal entities, which the regulation normally accepts, is not an exception to the principles of existing guilty and of personalizing the sanction: it is a liability for action and fault of the legal entity. In particular, it analyzes the liability of legal entities by the actions of their administrators. And, also, it studies the cases in which the Law provides certain complements or qualifications to that liability. Above all, the cases in which the disciplinary liability of the administrators is evident. It also addresses the liability of entities without personality and it highlights the advantages and difficulties that their application entails.
5
artículo
Publicado 2016
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The disciplinary liability of legal entities, which the regulation normally accepts, is not an exception to the principles of existing guilty and of personalizing the sanction: it is a liability for action and fault of the legal entity. In particular, it analyzes the liability of legal entities by the actions of their administrators. And, also, it studies the cases in which the Law provides certain complements or qualifications to that liability. Above all, the cases in which the disciplinary liability of the administrators is evident. It also addresses the liability of entities without personality and it highlights the advantages and difficulties that their application entails.
6
artículo
Publicado 2020
Enlace
Enlace
The article 48 from the called “Texto Único Ordenado” of the Contentious-Administrative Process Law establishes as a cause of nullity of acts and regulations its contradiction with judgments, in order to avoid its compliance. All the elements and requirements, so that this cause of nullity might happen, are analyzed in the paper. And it is argued that such cause of nullity can be successfully alleged in the process of enforcement of judgments and in autonomous processes.
7
artículo
Publicado 2019
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This Essay deals with the issue of sanctioning responsibility of legal entities, defendingthe thesis that this does not imply an exception to the application of the personalityprinciples of penalties or guilt. Legal entities will respond when they have actedfraudulently or illegally, which will occur when the actions of their representativeshave been so, since the will of the Legal entities is the will of such representatives.In addition, it also addresses the joint responsibility of legal entities and their managers,analyzing their relationship to the principle of non bis in idem and the conditionsthat might be required for their admission.