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1
artículo
Publicado 2014
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In this paper, the authors analyze the positions on the objectives of Comparative Law as an autonomous discipline, as well as the intersection between law and economics and its implications for future studies of law. this is studied in relation not only to what is Law, but with what it should be. ending the authors propose a new perspective for comparatists lawyers, seeking to revitalize legal research.
2
artículo
Publicado 2018
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Comparative Law like a method or “meta-method” has an especial relevance in legal analysis and production, especially in a globalized world. The utility of comparative analysis between different figures from two or more legal families using different elements to this analysis, such as legal elements, historic, politic and others is undeniable.In this article, the author present us the Comparative law from different edges to show its development, importance and state in our days.
3
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In this interview, the professor Tom Ginsburg addresses Comparative Law, the conditions for its study, its influence in capitalism, as well as his comparative studies over the constitutions, especially, of Latin American ones. He also addresses the conceptions that societies have about the relationship between Law and society, the moment of the creation of a Constitution, the factors involved in it and the perception of the judges and their decisions.
4
artículo
Publicado 2015
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From the process of globalization of law, the comparative constitutional law has gained a leading role for a better understanding and solving old and new constitutional national and international challenges. Therefore, some assumptions and considerations to take into account are presented for the development of the national constitutional order within the framework of the comparative constitutional law, such as universality and relativism of human rights; the concept of power and constitutional democracy; standards of free elections and judicial independence; freedom of expression, media pluralism and access to public information; the economic,social and cultural rights; the new fundamental rights.
5
artículo
Publicado 2020
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In this document, the author will provide a general description of ADR in common law jurisdictions, but with a particular emphasis on how ADR is practiced in North America (for this document, it refers to the countries of EE. USA and Canada). Also, will focus on the way ADR is implemented in North America and compare this with the way ADR is implemented in England the largest common law jurisdictions outside of North America. In that sense, as the reader may know, most legal jurisdictions in North America are common law.
6
artículo
Publicado 2021
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This paper addresses a particular scenario of the classic tension between constitutionalism and democracy, one that poses the existence of material limits to the power of constitutional reform. The subject undoubtedly raises a series of perplexities around some aspects such as the legal nature of the constitutional reform power. The essay analizes the defense of implicit material limits when the constitutional text has not explicitly recognized them, the competence and legitimacy of the courts, the normative parameter in merit to which this control would be carried out, among others. In this context, this article proposes to provide an analysis of these issues based on comparative law, exposing the cases of Germany, the United States and Colombia, countries that have provided different answers to the issue of material limits in function of their own constitutional texts and systems, and ...
7
artículo
Publicado 2016
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The acquisition of failing companies is a frequent practice in the modern commercial traffic. One of these modalities is to purchase companies immersed in an insolvency proceeding, either through the purchase of the operating business or the purchase of credits in order of its capitalization. The colombian regime insolvency has the tools to enable these type of operations although they do not achieved the desire objective.
8
artículo
Publicado 2018
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The facilitators or informers have become important subjects in the field of Competition Law. However, just as they have served to fight against the cartels, they have also been used by the latter to facilitate and cover up their organization and activities.In the present article, the author seeks to explain and analyze the first cases resolved by the national competition authority in which said facilitators have been immersed. Likewise, an analysis of the jurisprudence on the subject is made in the United States, the United Kingdom and the European Union. Finally, the national legislation and jurisprudence on the subject is analyzed in the light of comparative law.
9
artículo
Publicado 2025
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This study critically and comparatively examines the characteristic aspects of the crime of active transnational bribery, considering its treatment in the regulations of Peru and Spain. In this context, from a criminological and historical approach to the fight against global corruption, but with special emphasis on Spanish criminal legal doctrine, we seek to contribute to its analysis and improvement. With this purpose, various proposals for regulatory reform will be presented for the current classification of active transnational bribery,among which the incorporation of a legal definition of the term “foreign public official or member of an international body” and the classification of a modalityof active transnational bribery, not exclusively linked to economic objectives, stand out. Finally, the criminal responsibility of legal entities in relation to the crime of international b...
10
artículo
Publicado 2014
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The objective of this article is to present the importance of implementing the Closure Planfor Mineral Projects. To this purpose, the author studies and analyzes success stories of closing mining projects, in particular, focuses its analysis on Colombian and Peruvian cases.
11
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There are as many merger control mechanisms as jurisdictions, each one of them with its own strength and particularities. Such variety can be used to analyze the effectiveness of such techniques, and evaluate their applications in a local scale.In this article, the author reviews some of the principal aspects in which merger control mechanisms differ. Subsequently, and based on the advantages or disadvantages that these mechanisms may show, the author analyzes the characteristics that a merger control mechanism should have for it the be implemented in Perú our country.
12
artículo
Publicado 2023
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The purpose of this essay is to analyze legal proposals and public policies related to the entry and permanence of students with special educational needs in higher education, within a Latin American context that includes Mexico and Brazil. To conduct a comparative study, we use a historical-documentary methodology that examines educational legislation and its impact on public policies between 1996 and 2018. Our theoretical perspective is based on the concept of Civilizing Processes, as developed by Norbert Elias (1993; 1998; 2001; 2006; 2011). This perspective emphasizes how societies utilize social relations between different groups to form their constitution and interdependence processes, which in turn impact the actions of individuals as well as the state institutions that govern them. The data we present in this essay show that Mexico and Brazil have established legal framework...
13
artículo
Publicado 2024
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The Preliminary Title of Civil Codes is a cornerstone in comparative law, as it provides essential guidelines for the interpretation and application of legal norms. Although its classical regulation has demonstrated a degree of effectiveness in addressing new legal, economic, and technological realities, it remains crucial for maintaining the coherence of the legal system. This article aims to propose a comprehensive theoretical framework for analyzing the Preliminary Title of the Peruvian Civil Code, addressing a gap identified in national legal doctrine and highlighting its structural and normative role within the legal system by establishing the guiding principles for interpreting and applying civil law. Through a detailed analysis and a comparative approach, the article underscores the importance of the Preliminary Title in preventing and resolving social conflicts, promoting justice...
14
artículo
Publicado 2024
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The Preliminary Title of Civil Codes is a cornerstone in comparative law, as it provides essential guidelines for the interpretation and application of legal norms. Although its classical regulation has demonstrated a degree of effectiveness in addressing new legal, economic, and technological realities, it remains crucial for maintaining the coherence of the legal system. This article aims to propose a comprehensive theoretical framework for analyzing the Preliminary Title of the Peruvian Civil Code, addressing a gap identified in national legal doctrine and highlighting its structural and normative role within the legal system by establishing the guiding principles for interpreting and applying civil law. Through a detailed analysis and a comparative approach, the article underscores the importance of the Preliminary Title in preventing and resolving social conflicts, promoting justice...
15
artículo
Publicado 2014
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This article analyzes the definitions of the main taxable events for the Value-Added Tax (VAT) based on a comparative approach to thelegislation of different countries (Spain, Mexico, Chile, Colombia, Argentina and Peru). In this regard, it analyzes which legislations offer definitions according to the principles of generality, fiscal neutrality and legal certainty for VAT. Moreover, it points out that the VAT systems of those countries do not require as a condition for the configuration of the taxable events that the transactions involve a «value added» or a final consumption. In the specificcase of «supplies of goods», the VAT systems have a similar definition of the taxable event, although there are a few differences. However, in the case of«supplies of services», which is the most important taxable event for VAT, there are important differences at the time each country defines ...
16
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.
17
artículo
Publicado 2022
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Children and adolescents (hereinafter, NNA, acronym in Spanish) are groups with special protection needs. They have been affected by the cruel and inhumane events caused by the Colombian armed conflict, particularly by forced displacement-a crime against humanity that threatens a number of human and children’s rights. In this context, the State is responsible for looking after children and adolescents in the country. Failure to discharge this duty could result in the State being punished by the competent international entities within the framework of various treaties and conventions on the rights of children and adolescents, ratified by the National Government. Therefore, this e present legal-dogmatic research with a qualitative approach, aims to answer the following question: Why, despite Colombia’s broad legal framework, is there lack of respect for the conventional obligations to ...
18
artículo
Publicado 2022
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Children and adolescents (hereinafter, NNA, acronym in Spanish) are groups with special protection needs. They have been affected by the cruel and inhumane events caused by the Colombian armed conflict, particularly by forced displacement-a crime against humanity that threatens a number of human and children’s rights. In this context, the State is responsible for looking after children and adolescents in the country. Failure to discharge this duty could result in the State being punished by the competent international entities within the framework of various treaties and conventions on the rights of children and adolescents, ratified by the National Government. Therefore, this e present legal-dogmatic research with a qualitative approach, aims to answer the following question: Why, despite Colombia’s broad legal framework, is there lack of respect for the conventional obligations to ...
19
artículo
Publicado 2021
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Currently, we are facing a significant increase in transactions with cryptocurrencies as an alternative to the traditional payment system, and even as an investment; so, most countries in the world have already taken action on the tax treatment of these transactions: There are various pronouncements issued by the tax authorities in the world and, in some jurisdictions, specific legislative measures have been adopted to regulate the tax effects of transactions with cryptocurrencies. For that reason, it is necessary to evaluate the current tax treatment of activities with cryptocurrencies in Peruvian legislation, in order to identify -from a comparative perspective- the main tax problems and to provide some guidelines to be taken into account for an eventual regulation.
20
artículo
Publicado 2019
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Based on the recent works of organizations involved in international taxation, this paper addresses the prevalence the Peruvian Income Tax Law grants to local comparables. For such purpose, the author proposes some potential solutions to face the absence of local comparables in our jurisdiction, and how through them efficient market differences adjustments can be made.
