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1
artículo
Publicado 2016
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Debido a la globalización existente en el mundo los derechos supranacionales cobran mayor relevancia en la actualidad, especialmente dos derechos internacionales, el derecho internacional público y el internacional privado. Estudiaremos las características básicas de estos derechos, desde su origen histórico su adecuación a la legislación nacional, las instituciones básicas, así como las nuevas tendencias del derecho internacional.
2
artículo
Publicado 2020
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How a Court of Law and a State entity by prejudices rushed into ignoring peruvianrules of Private International Law and committed the crime of prevarication.
3
artículo
Publicado 2020
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How a Court of Law and a State entity by prejudices rushed into ignoring peruvian rules of Private International Law and committed the crime of prevarication.
4
artículo
Publicado 2007
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The Private International Law is related to different legal disciplines; for that reason, one of their important subjects within the frame of the International Procedural Law is the International Judicial Cooperation, which is called international judicial attendance. The practice of procedural acts outside the place of the process with foreign element is common, and that is possible thanks to the will of the States making the territoriality and sovereignty principle of the process not an impediment for the performance of fundamental diligences that allows to explain the controversy. This work is a brief vision about the Peruvian Private International Law System.
5
artículo
Publicado 2007
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The Private International Law is related to different legal disciplines; for that reason, one of their important subjects within the frame of the International Procedural Law is the International Judicial Cooperation, which is called international judicial attendance. The practice of procedural acts outside the place of the process with foreign element is common, and that is possible thanks to the will of the States making the territoriality and sovereignty principle of the process not an impediment for the performance of fundamental diligences that allows to explain the controversy. This work is a brief vision about the Peruvian Private International Law System.
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7
artículo
Publicado 2009
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The term «private international law» lacks a universally agreed definition. This is hardly surprising, since it is often given different meanings in different legal cultures or systems. In the North American common law tradition, for example, it is generally if narrowly equated with conflicts of laws-that is, the specialized principles and rules of national law used by domestic courts to determine which of several competing laws applies to disputes involving people in different countries or of different nationalities or to transactions which cross international boundaries. In such situations, for example, courts can choose to apply the law of the forum, the law of the individual’s nationality, or the law of the site of the transaction or occurrence. Most U.S. practitioners and judges think of «private international law» as referring to these choices of law rules.
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9
artículo
This paper addresses the importance of Private International Law (hereinafter, PIL) in the modern world marked by an increasing human cosmopolitanism, the intensification of free trade of goods, services and capital, and by an avalanche of legal relationships, which daily cross the borders of states, greatly increasing international legal traffic. International private relations, being linked to a multiplicity of countries and state legal systems, give rise to a kind of legal uncertainty as to the law applicable to them, which must be clarified by private international law in order to provide legal certainty to the parties.In this context, the authors offer a look at two essential problems. The first is a cross-cutting issue in private international law, which is part of its general provisions: fraud in private in...
10
artículo
The paper analyzes U.S. jurisdiction, highlighting how courts assume jurisdiction in disputes involving citizens or entities of other countries. In the U.S. system, jurisdiction depends on the State where the dispute occurs, which often requires the intervention of courts in different States or countries. In this regard, the two classic methods of securing jurisdiction are explained: on the one hand, “in personam” jurisdiction, which refers to jurisdiction over persons; on the other, “in rem” jurisdiction, which deals with property within the state; and, as a third and developing basis, “quasi in rem” jurisdiction, used in some exceptional cases, is discussed. Finally, the importance of “due process” in ensuring fairness in trials is noted, and the doctrine of “forum non conveniens,” which allows courts to dismiss cases for convenience if another forum is more appropr...
11
artículo
The paper analyzes U.S. jurisdiction, highlighting how courts assume jurisdiction in disputes involving citizens or entities of other countries. In the U.S. system, jurisdiction depends on the State where the dispute occurs, which often requires the intervention of courts in different States or countries. In this regard, the two classic methods of securing jurisdiction are explained: on the one hand, “in personam” jurisdiction, which refers to jurisdiction over persons; on the other, “in rem” jurisdiction, which deals with property within the state; and, as a third and developing basis, “quasi in rem” jurisdiction, used in some exceptional cases, is discussed. Finally, the importance of “due process” in ensuring fairness in trials is noted, and the doctrine of “forum non conveniens,” which allows courts to dismiss cases for convenience if another forum is more appropr...
12
artículo
This paper addresses the importance of Private International Law (hereinafter, PIL) in the modern world marked by an increasing human cosmopolitanism, the intensification of free trade of goods, services and capital, and by an avalanche of legal relationships, which daily cross the borders of states, greatly increasing international legal traffic. International private relations, being linked to a multiplicity of countries and state legal systems, give rise to a kind of legal uncertainty as to the law applicable to them, which must be clarified by private international law in order to provide legal certainty to the parties.In this context, the authors offer a look at two essential problems. The first is a cross-cutting issue in private international law, which is part of its general provisions: fraud in private in...
13
artículo
The ubiquity of Internet favors, as never imagined in the history of Law, the birth of countless cross-border private relationships. At the same time, it would seem that the rules of Private International Law cannot be applied to the sphere of cyberspace. This article confronts the universality and intangibility of Internet, to the connection factors based on the geographical division into sovereign States that constitute the axis of Private International Law. Will the Internet demand new categories of legal connecting factors from us? “ciberlex”, “lex electronica”, ¿quo vadis lex?
14
artículo
Publicado 2024
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Private international law in the Americas was successfully and consistently developed in recent decades through the Inter-American Specialized Conferences, an organ of the Organization of American States, and whose starting point was CIDIP-I, held 50 years ago, in 1975. The last Conference was convened 15 years ago, which might show a certain paralysis of the codification process. Given the important contribution that the region has made to the development of universal private international law and the great impact that the results of the Specialized Conferences had on transnational private relations, it is more than necessary to explore what are the tools and mechanisms that the inter-American system itself offers us today to resume the codification and progressive development of this branch of law, including, if applicable, the use of soft law rules. To take a look at the work of the S...
15
artículo
This article traces the evolution of the codification of Private International Law in Latin America, from Simón Bolívar’s early attempts in 1826 to the Pan-American conferences of the 20th century, highlighting milestones such as the Panama Congress in 1826 and the Montevideo Congress in 1888- 1889. It explores the transition from the concept of legislative uniformity to the harmonization of conflict rules. Additionally, it examines the influence of political and migratory factors, as well as the stances of countries like Argentina, Brazil, and Chile, in adopting principles such as nationality and domicile. This historical analysis reflects continental solidarity and underscores Latin America’s unique contribution to the development of conventional Private International Law.
16
artículo
Publicado 2022
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The growing number of “international” marriages, with nationalities, domiciles and properties that link the spouses with various countries, and that generate patrimonial relations both between the spouses and with third parties, highlights the importance of the issue related to the patrimonial economic regime of such marriages. This situation demands our attention to the rules of private international law which will be the basis to determine what is the law applicable to the economic patrimonial regime of an international marriage, since it is precisely this law that will define, among others, which is the patrimonial regime that governs each marriage, what are the effects of said regime, what are the permitted covenants and arrangements allowed between the spouses in this matter, as well as the legal ways for the spouses to change the current regime today. In this article we refer p...
17
artículo
Publicado 2022
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The growing number of “international” marriages, with nationalities, domiciles and properties that link the spouses with various countries, and that generate patrimonial relations both between the spouses and with third parties, highlights the importance of the issue related to the patrimonial economic regime of such marriages. This situation demands our attention to the rules of private international law which will be the basis to determine what is the law applicable to the economic patrimonial regime of an international marriage, since it is precisely this law that will define, among others, which is the patrimonial regime that governs each marriage, what are the effects of said regime, what are the permitted covenants and arrangements allowed between the spouses in this matter, as well as the legal ways for the spouses to change the current regime today. In this article we refer p...
18
artículo
Publicado 2014
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International Private Law has gone through several changes and modifications, in step with the globalization phenomenon, for whichthe relations between citizens of different countries have become more frequent and complex. In that regard, it is necessary to ask how International Private Law should react tobe in accordance with the new scenarios.In this article, the author examines the general and patrimonial aspects of International Private Law that he considers must be redefined, comparing the current dispositions of the Peruvian Civil Code with international regulations and national reform projects, and introducing a modification proposal for each topic.
19
artículo
Publicado 2014
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International Private Law has gone through several changes and modifications, in step with the globalization phenomenon, for whichthe relations between citizens of different countries have become more frequent and complex. In that regard, it is necessary to ask how International Private Law should react tobe in accordance with the new scenarios.In this article, the author examines the general and patrimonial aspects of International Private Law that he considers must be redefined, comparing the current dispositions of the Peruvian Civil Code with international regulations and national reform projects, and introducing a modification proposal for each topic.
20
artículo
Publicado 2019
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Objective: To determine the factors associated with choosing psychiatry as a specialty among medical interns in two private universities in Peru. Methods: A cross-sectional study was carried-out among medical interns of Ricardo Palma and San Juan Bautista Universities. Three instruments were applied: personality inventory-Eysenck for adults, scale to evaluate the teaching-learning process and the Goldberg´s general survey of mental health to evaluate personality, perception of the teaching-learning process of the psychiatry and psychology courses. The X2 test was used to determine associations. Results: out of 233 medical interns evaluated, 35 (15.7%) said that would elect psychiatry as a specialty. The election of psychiatry was associated with a blood personality (p=0.001); extroversion (p=0.02) and being emotionally stable (p=0.039). On the other hand, the study did not rev...
