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1
artículo
Publicado 2024
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For more than a hundred years, the study of the parties involved in a crime has been extensively researched, becoming a crucial topic in the field of criminal law. Although there is a considerable amount of research on this issue in the common law and civil law systems, there has been a notable lack of interest in comparative law studies between the two systems. This paper presents a comparative law study between the aforementioned models, offering a parallel and analytical analysis to understand their application and the challenges associated with the implementation of these categories. These categories are increasingly universal in Western criminal thought and policy, which makes this analysis systematic, complex and articulated. The analysis will focus on the German Criminal Code interpreted in the light of the theory of the act dominion and the Model Penal Code, serving as a har...
2
artículo
Publicado 2024
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For more than a hundred years, the study of the parties involved in a crime has been extensively researched, becoming a crucial topic in the field of criminal law. Although there is a considerable amount of research on this issue in the common law and civil law systems, there has been a notable lack of interest in comparative law studies between the two systems. This paper presents a comparative law study between the aforementioned models, offering a parallel and analytical analysis to understand their application and the challenges associated with the implementation of these categories. These categories are increasingly universal in Western criminal thought and policy, which makes this analysis systematic, complex and articulated. The analysis will focus on the German Criminal Code interpreted in the light of the theory of the act dominion and the Model Penal Code, serving as a har...
3
artículo
Publicado 2014
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In this paper, we develop the theme of semiotics as the science that studies the processes of signification. As science explains and interprets verbal and nonverbal mechanisms used to communicate with the man, that is, to convey information about different realities; regularly does so through a range of signs. This is understandable, because in truth, the human being is a symbolic being, par excellence created, issued and interpreted signs, and in turn, organizes and systematizes through codes, in either case, culture is implicit. Without any doubt, to understand the nature of the human being and communication, one must understand the signs and codes. In this sense, for a better understanding and and we include a variety of examples, taken directly from users in a specific context.
4
artículo
Publicado 2013
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The communication process has several elements essential for effective communication: thesender, recipient, code, message and the medium are required for the proper understandingbetween the parties. In most cases we believe that if you meet the above rule will have a successfulcommunication, but sometimes we forget that the other, as a thinking, can decode the informationand set a different position to that proposed by the issuer. Owing to the role of mass media aresegmented, divided and grouped into categories and sub categories that allow messages orinformation reach us effectively and directly. However, the criteria and be thinking they are abovethese requirements, and is integral, since the academic year to make proposals to validate to bethinking, being proponent, to be critical over the passive recipient and that man does not exercisea role in the communication controller which is ...
5
artículo
Publicado 2013
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The communication process has several elements essential for effective communication: thesender, recipient, code, message and the medium are required for the proper understandingbetween the parties. In most cases we believe that if you meet the above rule will have a successfulcommunication, but sometimes we forget that the other, as a thinking, can decode the informationand set a different position to that proposed by the issuer. Owing to the role of mass media aresegmented, divided and grouped into categories and sub categories that allow messages orinformation reach us effectively and directly. However, the criteria and be thinking they are abovethese requirements, and is integral, since the academic year to make proposals to validate to bethinking, being proponent, to be critical over the passive recipient and that man does not exercisea role in the communication controller which is ...
6
artículo
Publicado 2018
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Preparation of an environmental interpretation in relation to certain classic figures of Civil Law. The right of property, servitude, extracontractual civil liability, neighborhood rights, succession clauses, etc. New legal scenarios are proposed in relation to the sustainable use of natural resources and a modern look at the civil code.
7
artículo
Publicado 2018
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Preparation of an environmental interpretation in relation to certain classic figures of Civil Law. The right of property, servitude, extracontractual civil liability, neighborhood rights, succession clauses, etc. New legal scenarios are proposed in relation to the sustainable use of natural resources and a modern look at the civil code.
8
artículo
Publicado 1988
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The text emphasizes that Peru's Civil Code of 1852 marked a milestone in national legislation by attempting to balance imported liberal ideas with the needs of the national context. In this sense, its formation in a period of post-independence political and economic transition, dominated by instability and external influence, is discussed. Likewise, it is commented that, after being in force for 84 years, its effort to modernize the legal order inherited from the colony is appreciated. Nevertheless, the author argues that there are tensions between conservative and progressive approaches to issues such as the ownership of indigenous lands, marriage and slavery. On the other hand, he explains that the Code adopted principles of European liberalism, such as formal equality before the law, but in practice reinforced inequalities by ignoring Peruvian social and economic particularities. Alth...
9
artículo
Publicado 2024
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The main objective of this essay is to analyse the challenges faced by the Peruvian Civil Code in the face of the advance of cyberspace and, in particular, the metaverse. It aims to identify how this body of law must evolve in order to respond to the new technological realities and to ensure adequate protection of rights in the digital environment. The research is carried out from a positivist approach and employs a documentary methodology, based on doctrinal, jurisprudential and normative analysis. The essay contains a brief explanation of the history of the normative body, jurisprudential and doctrinal development, providing a historical and legal context for the understanding of current problems. Then, for a better understanding, some figures that make this type of technology possible will be identified, as well as the repercussions on various legal institutions together with proposal...
10
artículo
Publicado 1988
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The text emphasizes that Peru's Civil Code of 1852 marked a milestone in national legislation by attempting to balance imported liberal ideas with the needs of the national context. In this sense, its formation in a period of post-independence political and economic transition, dominated by instability and external influence, is discussed. Likewise, it is commented that, after being in force for 84 years, its effort to modernize the legal order inherited from the colony is appreciated. Nevertheless, the author argues that there are tensions between conservative and progressive approaches to issues such as the ownership of indigenous lands, marriage and slavery. On the other hand, he explains that the Code adopted principles of European liberalism, such as formal equality before the law, but in practice reinforced inequalities by ignoring Peruvian social and economic particularities. Alth...
11
artículo
Publicado 2015
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The Roman poet Publius Ovidius Naso; said that time is, and silently age, as the days run away without any brake stop them. With the above discussion, we believe then, that our Civil Code, which governs our daily circumstantial force acts with legal significance; brand new code for our generation, born in leap year and identified by the famous novel by George Orwell “1984”; thirty years old, and although for us, represents a long time or a lifetime; to the Peruvian law is and will be just one more step, which will be learned and contrast with this new life that touches us today, including virtual reality, cloning and any other device that conquers human power. In these light lines, after a fairly theoretical and historical study, I will try to share with you, dear readers, my modest concerns about the civil code and contracts; that imperfect like everything that makes the man should ...
12
artículo
Publicado 2016
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The author expose the key points for future tax codification. He recognize the importance of address the legal principles and the dogmatic taxation developed so far, but he warns that they must be of equal importance the new problems have arisen in the area. In addition, he points out the importance of an improvement in the quality of administrative management for the correct application of Tax Law.
13
artículo
Publicado 2016
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The author expose the key points for future tax codification. He recognize the importance of address the legal principles and the dogmatic taxation developed so far, but he warns that they must be of equal importance the new problems have arisen in the area. In addition, he points out the importance of an improvement in the quality of administrative management for the correct application of Tax Law.
14
artículo
WIMCIT: An in-house development integrated code for neutron analysis in MTR reactors with mixed core
Publicado 2003
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So far, Peruvian nuclear research reactors RP-10 and RP-0 have been operating only with uranium oxide fuel elements (U3O8+Al). In the future RP-10 reactor will operate with mixed cores (U3Si2+Al, U3O8+Al). For this reason the calculus capacity has to be increased in order to be able to handle the new fuel management. Since preparation of nuclear libraries for diffusion calculation requires a significant amount of computational and human resources a new tool that processes libraries generation and diffusion calculations is necessary.
15
artículo
Publicado 2005
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The text analyses the need to integrate the rules on consumer contracts into the Italian Civil Code, specifically into the general part of the contract. This integration should not be limited to a mere formal incorporation into the Civil Code, but, as the author suggests, what is really relevant is the justificatory value that it can provide. This incorporation could establish a new core of general rules and principles within the legal system, which would significantly transform the structure and purpose of the body of law. In this respect, this approach represents a remarkable evolution of general contract law in Italy since the post-war period, which demonstrates that it is not a question of creating an exclusive consumer law, but of updating contract law as a whole. The position of incorporating consumer law provisions into the Civil Code would not only enrich the Civil Code, but also...
16
artículo
Publicado 2005
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The text analyses the need to integrate the rules on consumer contracts into the Italian Civil Code, specifically into the general part of the contract. This integration should not be limited to a mere formal incorporation into the Civil Code, but, as the author suggests, what is really relevant is the justificatory value that it can provide. This incorporation could establish a new core of general rules and principles within the legal system, which would significantly transform the structure and purpose of the body of law. In this respect, this approach represents a remarkable evolution of general contract law in Italy since the post-war period, which demonstrates that it is not a question of creating an exclusive consumer law, but of updating contract law as a whole. The position of incorporating consumer law provisions into the Civil Code would not only enrich the Civil Code, but also...
17
artículo
The title of this essay refers primarily to the positive rule governing the institution of divorce in Peru: the art. 348 of the Civil Code. This rule is widely developed in the Code and subsequent laws have being expanded the scope to include causal divorce that contradicts logic and common sense. Besides, it refers to what Gilbert K. Chesterton called “superstition divorce”: the perverse argument that states divorce is the panacea for all problems in family relationships. The author argues that for reasons of legal, ethical, social, political and anthropological nature, the state and society are obliged to promote and defend marriage and the family; and the indissoluble character of marriage.
18
artículo
The title of this essay refers primarily to the positive rule governing the institution of divorce in Peru: the art. 348 of the Civil Code. This rule is widely developed in the Code and subsequent laws have being expanded the scope to include causal divorce that contradicts logic and common sense. Besides, it refers to what Gilbert K. Chesterton called “superstition divorce”: the perverse argument that states divorce is the panacea for all problems in family relationships. The author argues that for reasons of legal, ethical, social, political and anthropological nature, the state and society are obliged to promote and defend marriage and the family; and the indissoluble character of marriage.
19
artículo
The criminal dimension of the legal people demands an effective and opportune social reaction with the same degrees of «desvalor», punishment and sanction applied to the physical people, for which the inclusion in the Criminal Procedure Code of 2004 of the accessory consequences applicable to the legal people in the penal process is extremely important. Keeping that in mind, a general vision of the doctrine on the subject is presented in the text, after which the Peruvian normativity regarding the procedural emplazamiento of the legal person it is studied, its incorporation in the process, the procedural rights and guarantees and the precautionary measures that can be applied to the legal people, among other subjects.
20
artículo
The criminal dimension of the legal people demands an effective and opportune social reaction with the same degrees of «desvalor», punishment and sanction applied to the physical people, for which the inclusion in the Criminal Procedure Code of 2004 of the accessory consequences applicable to the legal people in the penal process is extremely important. Keeping that in mind, a general vision of the doctrine on the subject is presented in the text, after which the Peruvian normativity regarding the procedural emplazamiento of the legal person it is studied, its incorporation in the process, the procedural rights and guarantees and the precautionary measures that can be applied to the legal people, among other subjects.
