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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
37
Proceso contencioso administrativo
10
Contentious administrative process
6
Derecho administrativo
6
Legitimación activa
4
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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1
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.
2
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.
3
artículo
Publicado 2018
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The present paper seeks to give, in the first place, a brief historical review of the origin and development of contentious administrative process, his location on Peruvian law frame and his function. Also, it gives a critical analysis to show if this process is serving the purpose given, that is protecting the rights and interests of the governed.
4
artículo
Publicado 2016
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In this interview, the interlocutor examines the contentious-administrative process, answering questions related to its historical origin, the changes it has experimented and the impact that generates its use in the reality. Furthermore, the interlocutor analyzes specific questions, such as the referred to the problematic of the precautionary measures, whether the contentious-administrative process is an equally satisfactory route in comparison with the amparo process, and the measures that Judicial Power is entitled to impose to the Administration.
5
artículo
Publicado 2020
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The article 48 from the called “Texto Único Ordenado” of the Contentious-Administrative Process Law establishes as a cause of nullity of acts and regulations its contradiction with judgments, in order to avoid its compliance. All the elements and requirements, so that this cause of nullity might happen, are analyzed in the paper. And it is argued that such cause of nullity can be successfully alleged in the process of enforcement of judgments and in autonomous processes.
6
artículo
Publicado 2015
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This article explains the contentious process of harmfulness. Thus, the author mentions that the foundation of the process of harmfulness has been on our right the survival of the Administrative security of the legality and the public interest butlimiting the self-enforcement, the requirement of belief in authority to pursue the annulment of an administrative act and to ensure the due process of law is being administered.
7
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.
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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.
9
artículo
Publicado 2020
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With the development of this research, the objective is to analyze the factors that lead to the non-enforcement of contentious-administrative judgments on payment of monetary obligations in the mixed courts of the Superior Court of Justice of Puno in 2012, the type of investigation corresponds to the descriptive-quantitative type, since it seeks to describe the facts in a single time according to the files analyzed, of which the too much procedural burden is reflected with respect to contentious administrative processes that contain the obligation to give sum of money, the same that they do not have an effective fulfillment of the sentence and are not reflected in reality and accordingly, propose alternative solutions that speed up the execution of judgments in contentious-administrative matters.
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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...
11
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...
12
artículo
Publicado 2025
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Las ciencias sociales históricamente, y desde mediados del siglo XIX, se enfocan en el estudio de los procesos sociales que se van generando a nivel de las diversas sociedades. Esto constituye la posibilidad de ir describiendo y reconstruyendo los diversos factores que entran en juego en la configuración de determinados hechos, eventos y condiciones de vida que se presentan en nuestras realidades. Paso a paso, nuestras disciplinas sociales a través de los estudios van cerrando los vacíos de comprensión respecto a la compleja y amplia realidad social siguiendo el mandato del pensamiento crítico que antepone la interpelación con base en la evidencia lograda por la investigación. En esa línea, el presente trabajo se enfoca en los procesos políticos y alcances logrados por un sector social organizado que podríamos ubicar dentro de los poco visionados, y dimensionados muchas veces ...
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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.
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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.
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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.
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artículo
Publicado 2020
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This article has the purpose of analyzing, in the Latin American comparative administrative law, the process of configuration of the Contentious Administrative Jurisdiction as a System of Administrative Justice, which results from the progressive extension of the contentious administrative processes in order to guaranty the judicial effective protection against the Administration; the progressive extension of the concept of Public Administration and its actions as object of control; as well as the reinforcement of the constitutional right to access to justice making flexible the rules of standing and previous exhaustion of the administrative recourses in order to access the Jurisdiction.
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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 ...
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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...
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tesis de grado
Publicado 2021
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La finalidad de la presente investigación es analizar si es adecuada la regulación del proceso judicial de separación convencional y divorcio ulterior, toda vez que al no existir litis y/o conflicto en la pretensión de los cónyuges-demandantes no sería correcto que se tramite en vía judicial por las reglas del proceso sumarísimo que corresponde a un proceso contencioso, más aún si esta misma pretensión es posible tramitarse en sede Notarial y en sede Municipal y ello es posible toda vez que no hay litis en los solicitantes y porque dichas sedes no tramitan procesos contenciosos, por lo que siendo ello así resultaría inadecuada la vía procedimental del proceso judicial de separación convencional y divorcio ulterior.
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artículo
Publicado 2014
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This study analyzes factors that allow local officials to overcome design distortions generated during the process of registering beneficiaries of the «Vaso de Leche» Program in a context in which these beneficiaries are powerful social actors who have a capacity for collective action. This study was conducted between 2002 and 2010 in Villa El Salvador, a district of metropolitan Lima. Villa El Salvador municipal authorities selected beneficiaries without considering the target population as established by the official regulations. This variation from established norms is understood in this study as a «design distortion». Starting in 2004, this distortion was reduced with the introduction of a registry for the program that did follow official norms. In the literature, control mechanisms are highlighted as a key strategy for correcting design distortions. This study suggests an altern...
