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https://purl.org/pe-repo/ocde/ford#5.05.01
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https://purl.org/pe-repo/ocde/ford#5.05.00
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Proceso contencioso administrativo
8
Derecho administrativo
7
ODS 16: Paz, justicia e instituciones sólidas. Promover sociedades pacíficas e inclusivas para el desarrollo sostenible, facilitar el acceso a la justicia para todos y construir a todos los niveles instituciones eficaces e inclusivas que rindan cuentas
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Acto administrativo
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Demanda contenciosa administrativa
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1
artículo
Publicado 2021
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This year marks 25 years since the enactment of Law No. 26662, a rule by which notaries were granted powers so that they can hear, alternatively, the Judiciary, certain non-contentious matters, this being a longstanding request for both the doctrine as of the International Union of Latin Notaries, due to the fact that these are procedures where there is no litigation, and therefore, perfectly acceptable by notaries due to their notarial function, thereby contributing to the decongestion of the judiciary. Various countries in Europe, America and Asia, with the presence of Latin notaries, have been granting notaries powers to process non-contentious matters, Peru being the exception. Although law No. 26662 initially collected only six non-contentious cases, later others were added, due to the reception it had among the population, given the speed with whi...
2
artículo
Publicado 2021
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This year marks 25 years since the enactment of Law No. 26662, a rule by which notaries were granted powers so that they can hear, alternatively, the Judiciary, certain non-contentious matters, this being a longstanding request for both the doctrine as of the International Union of Latin Notaries, due to the fact that these are procedures where there is no litigation, and therefore, perfectly acceptable by notaries due to their notarial function, thereby contributing to the decongestion of the judiciary. Various countries in Europe, America and Asia, with the presence of Latin notaries, have been granting notaries powers to process non-contentious matters, Peru being the exception. Although law No. 26662 initially collected only six non-contentious cases, later others were added, due to the reception it had among the population, given the speed with whi...
3
artículo
Publicado 2021
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The article deals with the contentious tax procedure in Peru. After making a brief explanation of the current scheme, some problematic aspects that must be corrected or perfected in the legislation are highlighted, always with the purpose of providing a better service to the citizens who wants to have fast and efficient ways to exercise their right of defense and, linked to it, their right to contradict administrative acts (in this case, issued by the Tax Administration) that, in their understanding, improperly affect their property or rights in an undue manner.A current issue that is also discussed is the transition from the physical file to the electronic file, which has been advanced and is expected to be ready in the future. On this point, it is mentioned that due to the COVID-19 pandemic this process has been precipitated, although there had already been progress in this regard for ...
4
artículo
Publicado 2021
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The article deals with the contentious tax procedure in Peru. After making a brief explanation of the current scheme, some problematic aspects that must be corrected or perfected in the legislation are highlighted, always with the purpose of providing a better service to the citizens who wants to have fast and efficient ways to exercise their right of defense and, linked to it, their right to contradict administrative acts (in this case, issued by the Tax Administration) that, in their understanding, improperly affect their property or rights in an undue manner.A current issue that is also discussed is the transition from the physical file to the electronic file, which has been advanced and is expected to be ready in the future. On this point, it is mentioned that due to the COVID-19 pandemic this process has been precipitated, although there had already been progress in this regard for ...
5
artículo
Publicado 2023
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This article analyzes whether the decision adopted by the superior judges in the National Labor and Labor Procedural Jurisdictional Plenary of 2017, regarding the procedural route of the claims for compensation for damages filed by public workers as a sole pretension, violates the principle of procedural equality provided in numeral 5.5 of article 5 of the TUO of the Law of Contentious Administrative Procedure.
6
artículo
Publicado 2012
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The claim is one of the central institutions of the contentious administrative process since it affects its commencement, development and culmination. In this article, the author addresses the fundamental aspects, from a theoretical and practical perspective, of each of the claims proposed in an administrative contentious proceeding such as the claim for annulment or nullity, the claim for the acknowledgement or reestablishment of the law, the claim for a statement contrary to law and the cessation of a material act, the claim for fulfillment and the claim for compensation. A few practical cases are included at the end of this paper aimed at contributing to the suitable formulation and evaluation of each one of the referred claims or petitions.
7
artículo
Publicado 2012
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The claim is one of the central institutions of the contentious administrative process since it affects its commencement, development and culmination. In this article, the author addresses the fundamental aspects, from a theoretical and practical perspective, of each of the claims proposed in an administrative contentious proceeding such as the claim for annulment or nullity, the claim for the acknowledgement or reestablishment of the law, the claim for a statement contrary to law and the cessation of a material act, the claim for fulfillment and the claim for compensation. A few practical cases are included at the end of this paper aimed at contributing to the suitable formulation and evaluation of each one of the referred claims or petitions.
8
artículo
Publicado 2022
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In this paper, the author focuses on the development of the procedural costs that must be borne by the State as part of the process, with special incidence in labor and labor administrative-contentious disputes. Then, it makes a necessary tour of the notions of modern State and self-protection, in order to understand how this organization was initially abstracted from judicial control and how it was possible that it was brought to trial. To explain this scenario, the author resorts to the verdicts of the Court of Conflicts and the French Council of State, as well as the decisions of the Supreme Court of Justice of the Argentine Nation. Subsequently, it is dedicated to the study of the Code of Civil Procedure as general adjective regulation and establishes the elemental character of the theory of reparation (wrongly call of maturity) with minimal notes of the subjective theory and of the ...
9
artículo
Publicado 2004
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The judgments of international courts, such as the Inter-American Court of Human Rights, not only guarantee the protection of fundamental rights, but also provide an insight into the functioning of the Inter-American system for the protection of human rights. The examination of this case not only provided insights into the death penalty imposed on 31 persons under the Crimes Against the Person Act enacted by the respondent State, but also reflected on the procedure of these cases before the Inter-American Court to address human rights violations. The author evaluates the preliminary objections, provisional measures, the procedural institution of joinder of cases, and the judgment on the merits. This analysis is intended to reflect, in addition to the previously mentioned issues, the crucial work of the Inter-American Court in the context of the Inter-American system.
10
artículo
Publicado 2004
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The judgments of international courts, such as the Inter-American Court of Human Rights, not only guarantee the protection of fundamental rights, but also provide an insight into the functioning of the Inter-American system for the protection of human rights. The examination of this case not only provided insights into the death penalty imposed on 31 persons under the Crimes Against the Person Act enacted by the respondent State, but also reflected on the procedure of these cases before the Inter-American Court to address human rights violations. The author evaluates the preliminary objections, provisional measures, the procedural institution of joinder of cases, and the judgment on the merits. This analysis is intended to reflect, in addition to the previously mentioned issues, the crucial work of the Inter-American Court in the context of the Inter-American system.
11
artículo
Publicado 2012
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After the enactment in the year 2008 of the law which regulates the non-contentious procedure of the conventional separation and subsequent divorce in municipalities and notaries (Law 29227), the passing of time has shown us that despife the cited regulation represents a progress in the treatment and prompt solution to the problem of the conventional separation, there are also sorne Jactors and gaps in the application of separation that have not yet been corrected.
12
artículo
Publicado 2012
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After the enactment in the year 2008 of the law which regulates the non-contentious procedure of the conventional separation and subsequent divorce in municipalities and notaries (Law 29227), the passing of time has shown us that despife the cited regulation represents a progress in the treatment and prompt solution to the problem of the conventional separation, there are also sorne Jactors and gaps in the application of separation that have not yet been corrected.
13
artículo
Publicado 2018
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The objective of this research is to determine, about the class action, the lack of evidence, due to the negligence of the plaintiff, a lot of class action was declared dismissed, which prevent back to sue. The methods used were: inductive and deductive, based on the analysis of case law and interviews with judges of the, North Lima Court and North Lima District Attorney from the analysis of judgments of class action’s cases; also method used was qualitative to analyze the different approaches taken by the jurisprudence and law doctrine. In addition, it will also seek to establish the active procedural legitimacy of public institutions that are in a position to defend diffuse and collective interests within our procedural system. It has been found that a lot of judicial procedures, that were analyzed above, were dismissed, because the lack of evidence...
14
artículo
Publicado 2018
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The objective of this research is to determine, about the class action, the lack of evidence, due to the negligence of the plaintiff, a lot of class action was declared dismissed, which prevent back to sue. The methods used were: inductive and deductive, based on the analysis of case law and interviews with judges of the, North Lima Court and North Lima District Attorney from the analysis of judgments of class action’s cases; also method used was qualitative to analyze the different approaches taken by the jurisprudence and law doctrine. In addition, it will also seek to establish the active procedural legitimacy of public institutions that are in a position to defend diffuse and collective interests within our procedural system. It has been found that a lot of judicial procedures, that were analyzed above, were dismissed, because the lack of evidence...
15
artículo
Publicado 2022
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The contentious-administrative proceeding is an ordinary procedural instrument designed to offer procedural protection against the actions of the administrative authorities, as well as to legally control their functions. Their urgent nature serves to offer said protection and carry out said control, in terms of the de facto actions and omissions of the Administration. However, our legislation does not consider those cases in which the de facto action is produced with respect to the provisions established in a rule, or when the behavior of the administrative authority omits the provisions of a rule. We are facing two cases in which the constitutional principle of inter-unit control and the constitutional right to effective legal protection are affected.
16
artículo
Publicado 2022
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The contentious-administrative proceeding is an ordinary procedural instrument designed to offer procedural protection against the actions of the administrative authorities, as well as to legally control their functions. Their urgent nature serves to offer said protection and carry out said control, in terms of the de facto actions and omissions of the Administration. However, our legislation does not consider those cases in which the de facto action is produced with respect to the provisions established in a rule, or when the behavior of the administrative authority omits the provisions of a rule. We are facing two cases in which the constitutional principle of inter-unit control and the constitutional right to effective legal protection are affected.
17
artículo
Publicado 2020
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This article discusses the development of the contentious administrative process in Peru, commenting in part on its scope and objective as a mechanism to protect the rights and interests of individuals before the Public Administration. In part, the historical development that this figure has had during the last years will be described, as well as the modifications that it has undergone since its enactment in Peru.
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artículo
Publicado 2020
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This article discusses the development of the contentious administrative process in Peru, commenting in part on its scope and objective as a mechanism to protect the rights and interests of individuals before the Public Administration. In part, the historical development that this figure has had during the last years will be described, as well as the modifications that it has undergone since its enactment in Peru.
19
artículo
Publicado 2020
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This article discusses the development of the contentious administrative process in Peru, commenting in part on its scope and objective as a mechanism to protect the rights and interests of individuals before the Public Administration. In part, the historical development that this figure has had during the last years will be described, as well as the modifications that it has undergone since its enactment in Peru.
20
artículo
Publicado 2024
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The author of this essay proceeds to analyze the various pronouncements of the Peruvian Judiciary contained not only in second-degree sentences but also in full jurisdictional sessions as well as in cassations through which, in the practical scenario of jurisprudence, the jurisdiction of the contentious-administrative judge before other judges, such as civil or labor, in matters related to administrative actions of administrative law as well as those administrative actions of private law generated by organizations that exceptionally perform administrative functions or provide public services to the the same as those that combine administrative actions of administrative law with other types of actions of individuals under a regulation other than that of administrative law that do not always allow the competent judge to be identified, clearly, to subject the administration to sufficient ju...
