Los adelantos tecnológicos como criterio básico para establecer una reforma efectiva de la legislación comercial marítima nacional

• Autor: Lizarzaburu Plasencia, Zuly Shantall
• Formato: tesis de grado
• Fecha de Publicación: 2009
• Institución: Universidad Nacional de Trujillo
• Repositorio: UNITRU-Tesis
• Lenguaje: español
• OAI Identifier: oai:dspace.unitru.edu.pe:20.500.14414/8312
• Enlace del recurso: https://hdl.handle.net/20.500.14414/8312
• Nivel de acceso: acceso abierto
• Materia: Código de comercio; Legislación marítima nacional; Ley de sociedades mercantiles

The Peruvian marine commercial laws, to a large extent, suffer from an antiquity that before the fortification of the Globalization in the world has happened in inapplicable. We followed with same Book III of the Code of Commerce of 1902. The partial improvements introduced by the adoption of Marine International treaties have not managed to overcome these deficiencies, have arisen conflicts and lagoons from regulation and interpretation in the very old legislative body. Now we are before a reform process and have an excellent opportunity to impel this process. Our intention with this investigation is to help in the task of granting a Law that is applicable to our reality, agreed with the technological advances reached in this matter and the new doctrinal tendencies, clear effects of the globalization. In the last years the competition between countries has intensified to attract foreign investment like an option for the fortification of its economies. The preoccupation of our governors is evident to attract the foreign investment, but no matter how hard they insist on it convinces the investors that Peru is a country with great resources and I magnify place to invest, this intention never was reached, but legal reforms are made and administrative improvements, with the only intention to offer to greater legal security and certainty to the investors are these foreign nationals or. Therefore it is necessary to become and to adapt to these new forms and tendencies. This situation jeopardizes to look for the modernization to us of our legislation in the area of the Marine Commercial Right, which will allow this sector to sail with safe course towards the advantages that the agreed application of norms with our reality generates and which they lead the marine business, obtaining significant advantages for the country, in relation to commerce the International, in which Peru has had and will continue having one active participation. The Congress, by means of the Law N° 26595, complemented by the Laws N° 26751 and 26936, created a special Commission in charge to elaborate the Project of our new Code of Commerce. This Commission elaborated two projects of law that would complement the reform of the referred code. The project of the Law of the Contract of insurance and the project of the Law of Navigation and Marine Commerce. Both matters to the countermanded being the commerce code would not have regulation in another legal body, reason why an emptiness would be being been generating legal. In order to avoid this situation he is that in the present investigation we analyzed our effective normativity, the project presented/displayed by the commission of reform of our Code of Commerce, in February of the 2001 and legislation compared on the matter, giving a panorama, that allows the legislators to grant an agreed Law with our reality. This Law that must fear like foundation the technological advances and the effects caused by the same one