This article analyzes the regulation of the lease contract in the Civil Code from a jurisprudence and comparative law point of view to suggest some regulatory changes or interpretation criteria after 40 years of validity of the Peruvian Civil Code. The article analyzes the relationship between the lease and the right of possession to distinguish it from the real right of use and usufruct, deals with the lease subcontract to delimit the responsibilities of the subtenant and, above all, focuses on the issue of the duration of the lease contract, regarding the discussion whether the tenant with an expired contract has the status of precarious occupant. Finally, it analyzes the various forms of conclusion of the lease contract, the causes of the eviction process and the various types of process, in order to streamline...

This article analyzes the regulation of the lease contract in the Civil Code from a jurisprudence and comparative law point of view to suggest some regulatory changes or interpretation criteria after 40 years of validity of the Peruvian Civil Code. The article analyzes the relationship between the lease and the right of possession to distinguish it from the real right of use and; usufruct, deals with the lease subcontract to delimit the responsibilities of the subtenant and, above all, focuses on the issue of the duration of the lease contract, regarding the discussion whether the tenant with an expired contract has the status of precarious occupant. Finally, it analyzes the various forms of conclusion of thep;lease contract, the causes of the eviction process and the various types of process, in order to streamline the eviction process.

This article analyzes the regulation of the lease contract in the Civil Code from a jurisprudence and comparative law point of view to suggest some regulatory changes or interpretation criteria after 40 years of validity of the Peruvian Civil Code. The article analyzes the relationship between the lease and the right of possession to distinguish it from the real right of use and usufruct, deals with the lease subcontract to delimit the responsibilities of the subtenant and, above all, focuses on the issue of the duration of the lease contract, regarding the discussion whether the tenant with an expired contract has the status of precarious occupant. Finally, it analyzes the various forms of conclusion of the lease contract, the causes of the eviction process and the various types of process, in order to streamline...

This article deals with the registration in the public records of the apartments to be built and the projected housing lots, because of the prohibition of article 1106 to constitute a mortgage on future assets. For this, the positions that consider that we would find ourselves in front of present goods are analyzed and the figure of the preventive annotation as a mechanism for future assets that have a pre-independence access to the registry.In this line, the advantages of the preindependence of apartments to be built and projected housing lots are studied, to preventively record the sale and mortgage in its case; and how this would constitute a form of guarantee for the buyers of these real estate units and the banks financing these acquisitions. Likewise, a study is made of the sale and purchase of future assets...

La hipótesis principal que se formula en la presente tesis es que en realidad el capital social no cumple una función de garantía a favor de los acreedores, sino que dicha función la cumple más el bien el patrimonio neto.

This article deals with the trading of other’s property in Peru as to whether it constitutes a case of invalidity or ineffectiveness of the contract, based on the different jurisprudence and doctrine that has been produced on the matter. This is based on a historical and comparative study of the contract of sale in Roman Law and in the various civil law legislations, including the figure of the sale of another’s property and the treatment of the registry rules. In the case of Peru, the influence of comparative law in the regulation of the sales contract is analyzed and how it has influenced the different interpretation of the sale of another’s property and the registry rules. Additionally, an analysis is made of the different cases of sale and purchase of another’s property, the corresponding remedies, the concordance with the registry rules; and finally, the corresponding conclu...

This article deals with the registration in the public records of the apartments to be built and the projected housing lots, because of the prohibition of article 1106 to constitute a mortgage on future assets. For this, the positions that consider that we would find ourselves in front of present goods are analyzed and the figure of the preventive annotation as a mechanism for future assets that have a pre-independence access to the registry.In this line, the advantages of the preindependence of apartments to be built and projected housing lots are studied, to preventively record the sale and mortgage in its case; and how this would constitute a form of guarantee for the buyers of these real estate units and the banks financing these acquisitions. Likewise, a study is made of the sale and purchase of future assets...

This article deals with the trading of other’s property in Peru as to whether it constitutes a case of invalidity or ineffectiveness of the contract, based on the different jurisprudence and doctrine that has been produced on the matter. This is based on a historical and comparative study of the contract of sale in Roman Law and in the various civil law legislations, including the figure of the sale of another’s property and the treatment of the registry rules. In the case of Peru, the influence of comparative law in the regulation of the sales contract is analyzed and how it has influenced the different interpretation of the sale of another’s property and the registry rules. Additionally, an analysis is made of the different cases of sale and purchase of another’s property, the corresponding remedies, the concordance with the registry rules; and finally, the corresponding conclu...

La hipótesis principal que se formula en la presente tesis es que en realidad el capital social no cumple una función de garantía a favor de los acreedores, sino que dicha función la cumple más el bien el patrimonio neto.

This article deals with the trading of other’s property in Peru as to whether it constitutes a case of invalidity or ineffectiveness of the contract, based on the different jurisprudence and doctrine that has been produced on the matter. This is based on a historical and comparative study of the contract of sale in Roman Law and in the various civil law legislations, including the figure of the sale of another’s property and the treatment of the registry rules. In the case of Peru, the influence of comparative law in the regulation of the sales contract is analyzed and how it has influenced the different interpretation of the sale of another’s property and the registry rules. Additionally, an analysis is made of the different cases of sale and purchase of another’s property, the corresponding remedies, the concordance with the registry rules; and finally, the corresponding conclu...

This article deals with the registration in the public records of the apartments to be built and the projected housing lots, because of the prohibition of article 1106 to constitute a mortgage on future assets. For this, the positions that consider that we would find ourselves in front of present goods are analyzed and the figure of the preventive annotation as a mechanism for future assets that have a pre-independence access to the registry.In this line, the advantages of the preindependence of apartments to be built and projected housing lots are studied, to preventively record the sale and mortgage in its case; and how this would constitute a form of guarantee for the buyers of these real estate units and the banks financing these acquisitions. Likewise, a study is made of the sale and purchase of future assets...