The regulation of recruitment between spouses may vary in each legal system depending on the model of management of marital property adopted by the latter. Some comparative Laws, such as Spanish Law, allow for broad freedom of recruitment between spouses, considering that marriage should not limit their freedom to contract. Instead, Peruvian Law prohibits spouses to contract each other with respect of their common property. But this impediment requires a restrictive interpretation for knowing the real scope of article 312 of Civil Code, since the prohibition provided in this rule does not seem to apply to the personal property of each spouse. If so, the so-called agreements of attribution of common nature to personal property, regulated in foreign legal systems, could also be used in Peruvian Law. For these reasons, this work offers a study about the recruitment between spouses in P...

Community of property is a regime of relative community. It is legally configured by the existence of the common property of the spouses, although each spouse could retain the personal property. Thus, complicated legal situations may arise as a result of the management of such property. The management of the personal property is chaired by the rule of spouses’ freedom of action. For this motive, there are no explicit limits to the Administration and disposal of that property. However, this does not imply there are no limits to their actions.In this article, the author seeks to point on the study of the legal restrictions and implicit limits that would be applicable to the management of the personal property in the community of property in the Peruvian legal framework. She also analyses the concept of unilateral unrenounceability of acts of liberality because it appears to be the only e...

Community of property is a regime of relative community. It is legally configured by the existence of the common property of the spouses, although each spouse could retain the personal property. Thus, complicated legal situations may arise as a result of the management of such property. The management of the personal property is chaired by the rule of spouses’ freedom of action. For this motive, there are no explicit limits to the Administration and disposal of that property. However, this does not imply there are no limits to their actions.In this article, the author seeks to point on the study of the legal restrictions and implicit limits that would be applicable to the management of the personal property in the community of property in the Peruvian legal framework. She also analyses the concept of unilateral unrenounceability of acts of liberality because it appears to be the only e...

La regulación de la contratación entre cónyuges puede variar en cada ordenamiento jurídico dependiendo del modelo de gestión del patrimonio conyugal adoptado por este último. Algunos Derechos comparados, como el español, admiten una amplia libertad de contratación entre cónyuges, pues consideran que el matrimonio no tiene por qué limitar su libertad de contratar. En cambio, el Derecho peruano prohíbe a los cónyuges contratar entre sí sobre sus bienes sociales. Pero este impedimento requiere una interpretación restrictiva para conocer el real alcance del artículo 312 CC, ya que la prohibición prevista en esta norma no parece aplicarse a los bienes propios de cada cónyuge. De ser así, incluso podría plantearse el uso de los denominados pactos de atribución de ganancialidad a los bienes propios, que reciben regulación en ordenamientos extranjeros. Por tales razones, est...

The regulation of recruitment between spouses may vary in each legal system depending on the model of management of marital property adopted by the latter. Some comparative Laws, such as Spanish Law, allow for broad freedom of recruitment between spouses, considering that marriage should not limit their freedom to contract. Instead, Peruvian Law prohibits spouses to contract each other with respect of their common property. But this impediment requires a restrictive interpretation for knowing the real scope of article 312 of Civil Code, since the prohibition provided in this rule does not seem to apply to the personal property of each spouse. If so, the so-called agreements of attribution of common nature to personal property, regulated in foreign legal systems, could also be used in Peruvian Law. For these reasons, this work offers a study about the recruitment between spouses in P...

Community of property is a regime of relative community. It is legally configured by the existence of the common property of the spouses, although each spouse could retain the personal property. Thus, complicated legal situations may arise as a result of the management of such property. The management of the personal property is chaired by the rule of spouses’ freedom of action. For this motive, there are no explicit limits to the Administration and disposal of that property. However, this does not imply there are no limits to their actions.In this article, the author seeks to point on the study of the legal restrictions and implicit limits that would be applicable to the management of the personal property in the community of property in the Peruvian legal framework. She also analyses the concept of unilateral unrenounceability of acts of liberality because it appears to be the only e...

The Convention on the Rights of Persons with Disabilities recognizes full legal capacity in any person, regardless of disability, and this has caused, in general terms, a rethinking of the idea of autonomy of the will. This new reality modifies the way of conceptualizing and interpreting the declaration of will in the general theory of legal act, especially, when the natural capacity to know and want can come naturally limited by a psychic disability or by a coma state. The internal formation of the will and its manifestation are a complex matter, above all when the supports might not be enough to know the true will of the person suffering from any of those disabilities. For all these reasons, this paper analyzes the article 141 of Peruvian Civil Code, regulator of the declaration of will, in order to offer general guidelines that make it possible to know adequately, and rebuild, in some...