This paper analyses the definition that the Act on Suppression of Unfair Competition adopted by Legislative Decree 1044 makes of its own objective scope. The positive concept of “act of competition”, that is the centerpiece of such a definition, is examined first, to then focus on the concepts excluded from it, either explicitly or implicitly, in line with both national and comparative legislation and case law. Particular attention is given to the exclusions from the concept of “act of competition” grouped in the literature under the name of “forbidden competition”.

This paper analyses the definition that the Act on Suppression of Unfair Competition adopted by Legislative Decree 1044 makes of its own objective scope. The positive concept of “act of competition”, that is the centerpiece of such a definition, is examined first, to then focus on the concepts excluded from it, either explicitly or implicitly, in line with both national and comparative legislation and case law. Particular attention is given to the exclusions from the concept of “act of competition” grouped in the literature under the name of “forbidden competition”.

This paper analyses the definition that the Act on Suppression of Unfair Competition adopted by Legislative Decree 1044 makes of its own objective scope. The positive concept of “act of competition”, that is the centerpiece of such a definition, is examined first, to then focus on the concepts excluded from it, either explicitly or implicitly, in line with both national and comparative legislation and case law. Particular attention is given to the exclusions from the concept of “act of competition” grouped in the literature under the name of “forbidden competition”.

This article discusses the handful of positive rules that the Civil Code and the General Law on Corporations devote to the regulation of the category of contracts called “associative contracts”. It then addresses an issue not explicitly provided for or settled in any of these rules, namely the need to subject all “associative contracts” to a maximum duration limit.

In this article two questions are met in connection with the systematics of thegeneral theory of commercial papers or negotiable instruments. First, the questionis considered of wether that theory pertains, as a general private Law doctrine, tothe General Private Law (or “Derecho Civil”) or to the Commercial Law (“DerechoMercantil”). Then the article deals with the problem of wether the same generaltheory of commercial papers is a part of Property Law or of the Contract Law. In bothcases, the argumentation leads to a preference for the second alternative.

This paper analyzes the scope of the general rules on the form of contracts and otherlegal acts, as well as the evidentary rules contained in the Peruvian Commercial Code,contrasting them, if the case be, whith the provisions of general private law.

This paper studies the impact that commerciality has on the construction and effectivenessof the rules governing the formation of contracts, most of them containedin the Civil Code.