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One of the most important aspects of construction projects are their variations. These are situations that generate a series of negative consequences for those involved and constitute the breeding ground for claims and controversies, are inevitable in the construction industry. In the present article we will analyze two fundamental questions about variations: their conceptual delimitation and its causes. In general terms, we believe that a better understanding of the phenomenon will allow providing adequate and coherent solutions to the problem. The importance of this article derives from the vacuum at the legislative, doctrinal and jurisprudential levels in Peru. In effect, the regulation of the work contract contained in the Civil Code does not devote an organic treatment to variations. However, certain provisions of the mentioned normative body (as well as others included in se...

One of the most important –and controversial– ways in which the legislator intervenes in standardized contracts (i.e., contracts with general contracting clauses and adhesion contracts) lies in the possibility for jurisdictional authorities to control their contractual content. The purpose of this intervention is to eliminate or substitute clauses effectively incorporated in them for being abusive or vexatious. This paper examines the discipline of content control provided by Article 1399 of the Civil Code, a rule that, despite having been unjustly relegated by national scholars, has enormous potential to achieve the protective purposes set by our Substantive Code, when correctly understood.On this occasion, we will first analyze the various legal rules contained in Article 1399, as well as their respective hypotheses and consequences. This analysis will be complemented by a practica...

One of the most important aspects of construction projects are their variations. These are situations that generate a series of negative consequences for those involved and constitute the breeding ground for claims and controversies, are inevitable in the construction industry. In the present article we will analyze two fundamental questions about variations: their conceptual delimitation and its causes. In general terms, we believe that a better understanding of the phenomenon will allow providing adequate and coherent solutions to the problem. The importance of this article derives from the vacuum at the legislative, doctrinal and jurisprudential levels in Peru. In effect, the regulation of the work contract contained in the Civil Code does not devote an organic treatment to variations. However, certain provisions of the mentioned normative body (as well as others included in se...

One of the most important –and controversial– ways in which the legislator intervenes in standardized contracts (i.e., contracts with general contracting clauses and adhesion contracts) lies in the possibility for jurisdictional authorities to control their contractual content. The purpose of this intervention is to eliminate or substitute clauses effectively incorporated in them for being abusive or vexatious. This paper examines the discipline of content control provided by Article 1399 of the Civil Code, a rule that, despite having been unjustly relegated by national scholars, has enormous potential to achieve the protective purposes set by our Substantive Code, when correctly understood. On this occasion, we will first analyze the various legal rules contained in Article 1399, as well as their respective hypotheses and consequences. This analysis will be complemented by a practic...

One of the most important –and controversial– ways in which the legislator intervenes in standardized contracts (i.e., contracts with general contracting clauses and adhesion contracts) lies in the possibility for jurisdictional authorities to control their contractual content. The purpose of this intervention is to eliminate or substitute clauses effectively incorporated in them for being abusive or vexatious. This paper examines the discipline of content control provided by Article 1399 of the Civil Code, a rule that, despite having been unjustly relegated by national scholars, has enormous potential to achieve the protective purposes set by our Substantive Code, when correctly understood.On this occasion, we will first analyze the various legal rules contained in Article 1399, as well as their respective hypotheses and consequences. This analysis will be complemented by a practica...

One of the most important aspects of construction projects are their variations. These are situations that generate a series of negative consequences for those involved and constitute the breeding ground for claims and controversies, are inevitable in the construction industry. In the present article we will analyze two fundamental questions about variations: their conceptual delimitation and its causes. In general terms, we believe that a better understanding of the phenomenon will allow providing adequate and coherent solutions to the problem. The importance of this article derives from the vacuum at the legislative, doctrinal and jurisprudential levels in Peru. In effect, the regulation of the work contract contained in the Civil Code does not devote an organic treatment to variations. However, certain provisions of the mentioned normative body (as well as others included in se...