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1
artículo
In this work the author addresses the problem of the truth of the facts and their investigation, as well as the role of the judge in the civil process. To this end, the author carefully studies the principles that guide the civil process: the dispositive principle and the inquisitorial principle. Regarding the former, it can be observed that the judge has, in the process, an attenuated role and a limited focus on the knowledge of the facts. In contrast, the second principle gives the judge greater relevance, giving him the direction of the process in the search for the truth. This is why the author argues that the dispositive principle is insufficient to guarantee the material truth, since the determination of the facts requires greater intervention by the judge. That said, the purpose of this article is to propose a procedural reform of the procedural codes, especially the civil procedu...
2
artículo
Publicado 2010
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This paper sets out to analyze some new rules of the New Criminal Procedure Code linked with the regulation of the civil action exercise in the criminal proceeding. The author indicates that the civil liability that is required in the criminal proceeding does not derivate from a commission of a crime: the crime has the penalty as a consequence and the civil wrong a civil penalty. The civil actor has to be interested on the existence of a damage, not that the fact that it is based on be a crime. An erroneous understanding of this issue caused that the civil action were conditioned to an emission of a condemnatory resolution due to the civil action is not accessory of the penalty. It be emphasized that exists an accumulation of pretensions whose own basis lies on the procedure economy. Furthermore, it been said that there are regulatory matters who provoke the confusion of the civil ...
3
artículo
Publicado 2016
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Constitutional rationality dictates that procedural safeguards will be balanced in order to consider the interests of both parties that in this case are opposed in a controversy. The concept of rationality is analized by the author as a value that goes beyond the scope of the legal right, that is, as a constitutive element of the homo sapiens. This is the reason why the conviction is spread among constitutionalists and legal philosophers that the principle of practical rationality has assumed the rank of constitutional value because of the constitutionalization of human rights. All of this is explained in the prospective of the civil process, where the constituent has instituted the guarantee of the appeal in order to guarantee equality in the treatment for the procedural parties.
4
artículo
Publicado 2016
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Constitutional rationality dictates that procedural safeguards will be balanced in order to consider the interests of both parties that in this case are opposed in a controversy. The concept of rationality is analized by the author as a value that goes beyond the scope of the legal right, that is, as a constitutive element of the homo sapiens. This is the reason why the conviction is spread among constitutionalists and legal philosophers that the principle of practical rationality has assumed the rank of constitutional value because of the constitutionalization of human rights. All of this is explained in the prospective of the civil process, where the constituent has instituted the guarantee of the appeal in order to guarantee equality in the treatment for the procedural parties.
5
artículo
Publicado 2008
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Being the end of the process a public interest of the State, the judge has probatory initiative for the search of the judicial conviction, however this initiative is limited to the elucidation of the facts that the parties have not proof in a suitable way. The Civil Procedural Code omits in the design of the application of the proofs ordered by the judge the limits on the probatory initiative, omission that must be corrected through a systematic interpretation of the articles 188 and 190 of the Code as a result of the legal interpretation, and going to the procedural doctrine that has established as limits: a) That the judge's test is limited to the following controversial facts; b) The source of the proof must appear in the process; and c) Regarding the principle of contradiction and the right of defense of the parties, allowing to extend its initially proposed tests.
6
artículo
Publicado 2008
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Being the end of the process a public interest of the State, the judge has probatory initiative for the search of the judicial conviction, however this initiative is limited to the elucidation of the facts that the parties have not proof in a suitable way. The Civil Procedural Code omits in the design of the application of the proofs ordered by the judge the limits on the probatory initiative, omission that must be corrected through a systematic interpretation of the articles 188 and 190 of the Code as a result of the legal interpretation, and going to the procedural doctrine that has established as limits: a) That the judge's test is limited to the following controversial facts; b) The source of the proof must appear in the process; and c) Regarding the principle of contradiction and the right of defense of the parties, allowing to extend its initially proposed tests.
7
artículo
Publicado 2023
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Our criminal procedure system confers the possibility of requesting two claims from the court when a criminal act has been committed. The first of these is the criminal claim, whose owner is the Public Ministry; The second claim is civil compensation, which is claimed by the aggrieved party constituted as a civil actor. However, the present research work manages to demonstrate that in the casuistry the criminal judges grant undue legitimacy to the civil actor to claim a criminal claim that it is not their responsibility to defend, even arrogating ownership of the criminal action of the Public Ministry. It is possible to prove that the civil actor has subordinated his claim for compensation to the prior conviction of a crime, contrary to what is stipulated in the Criminal Procedure Code of 2004. It is also shown that criminal judges agree to various requirements of the civil actor regardi...
8
artículo
Publicado 2022
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The aspiration of state, ministerial and teacher institutions to achieve a school free of conflicts, quarrels and disruptions in Colombia is a challenge of yesteryear. In this way, behavioral regulation materializes historically through different texts (Carreño’s manual, catechisms, school regulations, to name a few), to the point of configuring the current manuals of coexistence, which seek in a procedural and instructional way to mitigate at all costs the violent demonstrations of the school. To enter into this problem, some characteristics of the coexistence manuals of Catholic schools will be presented, relating them to the debates on Colombian school coexistence. In this way, the present text seeks to distinguish the concept of civilization from that of culture, explaining the genesis of behavior and the current analysis perspectives, those that have the intention of solving the ...
9
artículo
Publicado 2012
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This article aims to provide some initial notes in order to establish the suitability of applying the so-called «theory of the evidentiary dynamic loads» in the Peruvian civil process. This theory which provides a means to make more flexible, by way of exception, the rigidity of the general rule of distribution of burden of proof contained in article 196 of the Code of Civil Procedure, constitutes a contribution of the Argentine procedural doctrine to the general theory of the test and that despite not being regulated normatively, has been already received in various fields of our national law. In this line, then established the suitability of adoption at national headquarters, proposes a regulatory text for inclusion in the Peruvian civil procedural law.
10
artículo
Publicado 2012
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This article aims to provide some initial notes in order to establish the suitability of applying the so-called «theory of the evidentiary dynamic loads» in the Peruvian civil process. This theory which provides a means to make more flexible, by way of exception, the rigidity of the general rule of distribution of burden of proof contained in article 196 of the Code of Civil Procedure, constitutes a contribution of the Argentine procedural doctrine to the general theory of the test and that despite not being regulated normatively, has been already received in various fields of our national law. In this line, then established the suitability of adoption at national headquarters, proposes a regulatory text for inclusion in the Peruvian civil procedural law.
11
artículo
Publicado 2022
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The unique process has been strengthened with the adoption of two directives within the Judiciary, which promote virtuality, concentration of procedural acts and orality. In this way, this branch of the State evidences its commitment to the progress of family procedural law and the expeditious settlement of cases in favor of children and adolescents. The author of this article analyzes directives from the jurisdictional scope, developing contributions for the correct use by the judicial user.
12
artículo
Publicado 2022
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The modernization of public management in local governments consists, among other things, in the implementation of the results-based approach. In this way, entities must continue to promote and implement measures and actions to improve goods and services for citizens. Among its characteristics is the strengthening of decentralization. For this reason, the public management modernization process has five pillars, including the Civil Service, which tries to perfect public servants based on meritocracy and turn them into true public managers. For this, the public system of SERVIR was created and promoted. The main objective of this article is to present the case of the District Municipality of Paucara, in its attempt to transition to the Civil Service Law, through revisions of the current regulatory framework. In the conclusions, information is provided to the public servants who participat...
13
artículo
Publicado 2020
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The Peruvian republican legal stile has influenced the Spanish and French legal tradition. It was characterized by the formal and textual Justice. Rather, the new legal style is changing the old paradigm and it proposes oral litigation. Now this influences the framework of the Civil Justice. This recent change means adopting the principles of immediacy and the central role of the judge to guide the process. Consequently, this new perspective requires the reorganization of the judicial office and new standards in the Legal Process. The behavior of public officials and lawyers is changing. Some benefits come with this new legal model, for example, it serves to end a judicial dispute in a short time. The orality in a Civil Justice is a new experience: the initiative has been carried out by civil judges, they have not waited for the executive or legislative branch to modify the Civil Procedu...
14
artículo
Publicado 2020
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The Peruvian republican legal stile has influenced the Spanish and French legal tradition. It was characterized by the formal and textual Justice. Rather, the new legal style is changing the old paradigm and it proposes oral litigation. Now this influences the framework of the Civil Justice. This recent change means adopting the principles of immediacy and the central role of the judge to guide the process. Consequently, this new perspective requires the reorganization of the judicial office and new standards in the Legal Process. The behavior of public officials and lawyers is changing. Some benefits come with this new legal model, for example, it serves to end a judicial dispute in a short time. The orality in a Civil Justice is a new experience: the initiative has been carried out by civil judges, they have not waited for the executive or legislative branch to modify the Civil Procedu...
15
artículo
Publicado 2020
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The present is a work that seeks to highlight the problems that appeared with the implementation of the Civil Procedure Code of 1993 which must be taken into account in this second stage of the orality of the civil process and avoid making the same mistakes again, allowing the implementation of the oral system in our legal reality to be more robust and more effective.
16
artículo
Publicado 2020
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The present is a work that seeks to highlight the problems that appeared with the implementation of the Civil Procedure Code of 1993 which must be taken into account in this second stage of the orality of the civil process and avoid making the same mistakes again, allowing the implementation of the oral system in our legal reality to be more robust and more effective.
17
artículo
Publicado 2018
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Civil service policy has fulfilled five years of effective implementation and has data that evidence its progress until the present. Precisely, this article seeks to address the phase of implementation of said public policy, the process of transit to La Ley SERVIR regime´s, trying to provide an approximation of the results that would have throw this new attempt to start a reform in the human resources of the Peruvian State following the case of the nineteen ministries.The analysis will have as its central core twelve grouped variables in three dimensions: organizational characteristics of the ministry, normativity characteristics and tools of transit, and leadership in the ministry´s transit process. Thus, considering said variables, it will be evident that the degree of progress of the ministries manage to be explained in an important way by a number of people that provide their ...
18
artículo
The order for payment process and the need for its incorporation into the Peruvian procedural system
Publicado 2025
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The cognition or declaratory process is currently the only mechanism that allows a creditor to claim recognition of its right, but it has significant disadvantages, such as its lengthy duration of 5 to 10 years and the high costs associated with it, even for small debts. To solve this problem, the order for payment process has been implemented in several jurisdictions, which offers a more agile procedure in which a judge can quickly recognize the creditor's right and issue an enforceable order. This process can be pure, without the need for documentary evidence, or documentary, which requires some evidence to support the claimed obligation. In case of opposition by the debtor, this must be substantiated, which may result in a declaratory proceeding to clarify the existence of the claim. The Commission for the Reform of the Code of Civil Procedure proposes two types of order for payment p...
19
artículo
The order for payment process and the need for its incorporation into the Peruvian procedural system
Publicado 2025
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The cognition or declaratory process is currently the only mechanism that allows a creditor to claim recognition of its right, but it has significant disadvantages, such as its lengthy duration of 5 to 10 years and the high costs associated with it, even for small debts. To solve this problem, the order for payment process has been implemented in several jurisdictions, which offers a more agile procedure in which a judge can quickly recognize the creditor's right and issue an enforceable order. This process can be pure, without the need for documentary evidence, or documentary, which requires some evidence to support the claimed obligation. In case of opposition by the debtor, this must be substantiated, which may result in a declaratory proceeding to clarify the existence of the claim. The Commission for the Reform of the Code of Civil Procedure proposes two types of order for payment p...
20
artículo
Publicado 2019
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In this research we progress towards a more specific understanding about republican slavery forms, social resistance experiences of the slaved and freed black population, and practice of the abolitionist system carried out in a situation of building up the republic in a regional space: the province of Piura. Through case studies, we examine the path that afro-descendants assumed using laws and social force of their representatives in the courts to destroy the chains that oppressed them under the new creole republic. We review liberations through purchase, sell, and master’s grace, but also other forms of freedom conquest as the banditry social movement in a independence war context. Likewise, we present and examine the political experience that will be lived by popular castes settled within Tangarará’s latifundia, and political resistance to the elimination project of the Querecotil...
