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artículo
Comparative legislation reveals that the institution of tort has been approached differently in different legal systems. As a result, some legal systems adopt an objective approach, whereby tort is recognized when there is an obvious or notable disproportion between the parties' performance or obligations in a contract. On the other hand, other systems adopt a subjective approach, which mainly takes into account the exploitation by one of the contracting parties of the need or inexperience of the other. As far as the Peruvian legal system is concerned, it is proposed that the injury should be admitted in onerous contracts following an objective-subjective criterion. To that extent, the action for tort will be valid when the situation of disproportionality between the benefits is corroborated, but in addition, it will be necessary not only the existence of a situation of need in the injur...
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artículo
Comparative legislation reveals that the institution of tort has been approached differently in different legal systems. As a result, some legal systems adopt an objective approach, whereby tort is recognized when there is an obvious or notable disproportion between the parties' performance or obligations in a contract. On the other hand, other systems adopt a subjective approach, which mainly takes into account the exploitation by one of the contracting parties of the need or inexperience of the other. As far as the Peruvian legal system is concerned, it is proposed that the injury should be admitted in onerous contracts following an objective-subjective criterion. To that extent, the action for tort will be valid when the situation of disproportionality between the benefits is corroborated, but in addition, it will be necessary not only the existence of a situation of need in the injur...
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artículo
Publicado 2014
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this article analyzes the causal element of torts from the perspective of comparative law, focusing on the field of tort liability. Thus, it specifies both the particular aspects of the investigation as well as each legal system studied. then, the article discusses the differences and similarities of each system. Later, it stops on the dominant approaches examining its success on facing the tort phenomenon in order to highlight the essential characteristics that determine the various approaches tort liability can assume.
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artículo
Publicado 2014
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this article analyzes the causal element of torts from the perspective of comparative law, focusing on the field of tort liability. Thus, it specifies both the particular aspects of the investigation as well as each legal system studied. then, the article discusses the differences and similarities of each system. Later, it stops on the dominant approaches examining its success on facing the tort phenomenon in order to highlight the essential characteristics that determine the various approaches tort liability can assume.
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artículo
Compensation for damages due to erroneous administration of justice in Chile has two regimes available to the victim. The first is of a special and restricted nature, as it is only applicable in criminal proceedings for manifestly erroneous or arbitrary actions, and has a constitutional and legal basis. The other, created by case law, considering rules of civiland administrative law, constitutes the general regime. This article analyzes both avenues for obtaining compensation, with special emphasis on theinstitution involved in the origin of the damage. The main rulings of Chilean courts are used as guides, which reflect the shift from a personalist conception, based on the idea of “judicial error”, to a functionalist approach, based on the notion of error in the administration of justice.
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artículo
Publicado 2014
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In Tort Law, it is said that an individual mustrepair the damage he causes. What is the extention of this maxim? Is this affirmation accurate? What is considered damage for Law?Jean-Sebastién Borghetti answers this and other questions as understood by French Law, seeking to delimit the French system of civil liability. In that sense, through this article, the author proposes that not all affronts constitute a damage as understood by Law, and that not every damage can be repaired.
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artículo
Publicado 2014
Enlace
Enlace
In Tort Law, it is said that an individual mustrepair the damage he causes. What is the extention of this maxim? Is this affirmation accurate? What is considered damage for Law?Jean-Sebastién Borghetti answers this and other questions as understood by French Law, seeking to delimit the French system of civil liability. In that sense, through this article, the author proposes that not all affronts constitute a damage as understood by Law, and that not every damage can be repaired.
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artículo
Publicado 2021
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This study brings us closer to the knowledge of legal strategies to stop violence against children and adolescents by members of the family group. For this purpose, a special protection with reinforced diligence is proposed for interventions in three cases: 1. Abuse in family dynamics under the power of parenting and discipline, which does not constitute a punishable act and is exercised by parents or legal representatives 2. Violence against girls, boys and adolescents by a member of their family environment that constitutes a crime and has a protective legal representative 3. Violence against children and adolescents by a member of their family environment that constitutes a crime and does not have a responsible protector. These intervention proposals are based on the recognition of two conditions that frame acts of violence in girls, boys a...
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artículo
Publicado 2021
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This study brings us closer to the knowledge of legal strategies to stop violence against children and adolescents by members of the family group. For this purpose, a special protection with reinforced diligence is proposed for interventions in three cases: 1. Abuse in family dynamics under the power of parenting and discipline, which does not constitute a punishable act and is exercised by parents or legal representatives 2. Violence against girls, boys and adolescents by a member of their family environment that constitutes a crime and has a protective legal representative 3. Violence against children and adolescents by a member of their family environment that constitutes a crime and does not have a responsible protector. These intervention proposals are based on the recognition of two conditions that frame acts of violence in girls, boys a...
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artículo
Publicado 2024
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This paper aims to identify the appropriate conceptual framework for illicit profitable acts, understood as those from which the wrongdoer derives advantages that exceed the mere dimension of the obligation to compensate. To do so, the fields of Tort Law and Unjust Enrichment are studied, both of which are considered candidates for legal application. It becomes evident that Tort Law’s structure is inadequate for the pursued task, as the purpose of compensation is different: it serves to repair damage. On the other hand, recognizing partial forms of unjust enrichment (especially enrichment through intervention) may serve to require the wrongdoer to restitute the economic benefits obtained due to reprehensible conduct.
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artículo
Publicado 2024
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This paper aims to identify the appropriate conceptual framework for illicit profitable acts, understood as those from which the wrongdoer derives advantages that exceed the mere dimension of the obligation to compensate. To do so, the fields of Tort Law and Unjust Enrichment are studied, both of which are considered candidates for legal application. It becomes evident that Tort Law’s structure is inadequate for the pursued task, as the purpose of compensation is different: it serves to repair damage. On the other hand, recognizing partial forms of unjust enrichment (especially enrichment through intervention) may serve to require the wrongdoer to restitute the economic benefits obtained due to reprehensible conduct.
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artículo
Publicado 2018
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El presente trabajo de investigación ha sido motivado por la actividad ladrillera artesanal que produce impactos en el ecosistema rural del distrito de Huertas, provincia de Jauja, departamento de Junín. El daño ambiental de dicha actividad constituye la vulneración de un conjunto de derechos fundamentales (salud, vida, libertad, etc.), generándose así un daño patrimonial y no patrimonial, colectivo, ya que consideramos de suma importancia hacer un análisis sobre la regulación de la responsabilidad civil extracontractual por daño ambiental que deriva de dicha actividad. Es así que se pudo obtener información documental que permitió ver la gravedad en la cual se encontraba la localidad de Huertas, ya que la contaminación generada por la cocción de ladrillos causaba perjuicio no solo en la salud de los pobladores, sino que éstos estaban expuestos a asumir una posible respon...
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artículo
Publicado 2014
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With the arrival of the Economic Analysis of Law, some scholars began to consider Law as a set of “official prices” given by the legislature or the courts. Such change of perspective created some ius-economic inconsistencies because a large segment of the doctrine didn’t realize the impossibility of efficiently regulating the economy by recurring only toorders and mandates.In this article, the author argues that it is necessary to establish the ius-economic differences between sanctions and prices, i.e. between those hypotheses in which Lawsets a price on a behavior and those cases which Law looks forward to impose a sanction. Such ideas should be applied to Tort Law, specifically in the definition and understanding of allocation criteria.
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artículo
Publicado 2014
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With the arrival of the Economic Analysis of Law, some scholars began to consider Law as a set of “official prices” given by the legislature or the courts. Such change of perspective created some ius-economic inconsistencies because a large segment of the doctrine didn’t realize the impossibility of efficiently regulating the economy by recurring only toorders and mandates.In this article, the author argues that it is necessary to establish the ius-economic differences between sanctions and prices, i.e. between those hypotheses in which Lawsets a price on a behavior and those cases which Law looks forward to impose a sanction. Such ideas should be applied to Tort Law, specifically in the definition and understanding of allocation criteria.
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tesis de maestría
Publicado 2019
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El objetivo de la investigación fue; determinar de qué manera se relacionan las cláusulas abusivas en los contratos de adhesión y sus efectos jurídicos en agravio de los usuarios de servicios bancarios en Lima. La investigación se desarrolló bajo un diseño descriptivo correlacional con enfoque cuantitativo de tendencia no experimental con una muestra de 60 participantes.
