There are many appreciations that could be made after thirty four years of validity of a civil code. It is foreseeable and desirable that, at the end of said anniversary, different jurists and professors will deal, according to their specialties and preferences, with analyzing the different Books of the Civil Code and evaluate their benefits, deficiencies, application, modification needs, etc., without failing to mention the countless modifications it has experienced. Nor will it be strange that in any analysis, the work of the courts, the Jurisdictional Plenary of the ordinary justice or the Constitutional Court’s rulings are implied or expressly mentioned. These ones have not been scarce in civil matters, on the contrary, they have colored, transversally, the various figures traditionally born in Civil Law to be later accepted by the constitutions or reinterpreted by the Constitution...

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In Peru, fears persist about the reform of family law; after 40 years of the Civil Code (1984), the author persists and incorporates new reasons to agree to its ‘contractualization’ as a reflectionof a society that is less and less willing to marry.We are faced with a regulation that prolongs the marital crisis and is counterproductive for the system itself.The article uses the American experience and the initiatives of the Uniform Law Commission or the American Law Institute to demonstrate the complementarity that can exist between the freedom of the parties to enter into marital or premarital agreements and the subsequent judicial scrutiny. It is emphasized that a modernization of family law does not involve the renunciation of the family law principles.

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In this article, a first approach to built to suit (BTS) projects is proposed from an economic and legal point of view, to facilitate legal operators its understanding as well as giving meaning and clear guidelines regarding their structure, importance and potential in the current Peruvian market. In this sense, we analyze the advantages, disadvantages, basic guidelines, and documents involved in order to structure a BTS project within the framework of national legislation and legal institutions. In addition, an analysis is carried out on the need to have a particular regulation on this type of projects, according with the market needs and without this being a disincentive to its use.

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In Peru, fears persist about the reform of family law; after 40 years of the Civil Code (1984), the author persists and incorporates new reasons to agree to its ‘contractualization’ as a reflectionof a society that is less and less willing to marry.We are faced with a regulation that prolongs the marital crisis and is counterproductive for the system itself.The article uses the American experience and the initiatives of the Uniform Law Commission or the American Law Institute to demonstrate the complementarity that can exist between the freedom of the parties to enter into marital or premarital agreements and the subsequent judicial scrutiny. It is emphasized that a modernization of family law does not involve the renunciation of the family law principles.

Nothing much has changed in the Law of Family in Peru. The main doctrine argues that it is not possible to make agreements between spouses on non-economic aspects of their relationships or their duties with their children, even when they could make decisionsin a more convenient way.In the article, the author argues that it is desirable to relax the rules on agreements between spouses or prospective spouses to regulate their rights during marriage or the benefits and obligations of each one in case they end their marriage. In that way, the author alludes to the figures of prenuptial and marital agreements present in American reality.

De facto union, or cohabitation without marriage, is a growing social reality in Peru. However, national legislation presents ambiguities regarding some crucial aspects of this issue. In this context, this paper evaluates the challenges in the legal regulation of cohabitation, with a particular focus on the breakdown and civil redress. It analyses the nature and application of compensation and alimony in cases of separation, whether by unilateral decision or by the intervention of a third party. To that extent, it is pointed out that the case law has shown inconsistencies on this point, which shows the need for greater regulatory clarity to protect the rights of cohabitants in cases of separation. Although there has been a favourable evolution of case law in the recognition of the rights of cohabiting partners, legal reforms are still required to guarantee effective protection and, above...

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Nothing much has changed in the Law of Family in Peru. The main doctrine argues that it is not possible to make agreements between spouses on non-economic aspects of their relationships or their duties with their children, even when they could make decisionsin a more convenient way.In the article, the author argues that it is desirable to relax the rules on agreements between spouses or prospective spouses to regulate their rights during marriage or the benefits and obligations of each one in case they end their marriage. In that way, the author alludes to the figures of prenuptial and marital agreements present in American reality.

No presenta resumen