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1
artículo
Publicado 2017
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The essay analyzes the role that time plays in the single specific transaction, in order to revisit the classic category of long-term contracts. In this perspective, considering the variety of interests involved, the author reexamines the structuralist traditional concept of durable obligations related to a continuing and repeated prevision, aiming to associate long-term contracts mainly to the functional divisibility of the whole contract itself, to the concrete cause realized by negotiation through the time, to a dynamic consideration of the interests that parties would achieve through the duration. Therefore, the main idea of the proposed analysis is that a careful investigation only of the contractual interests of the parties, aside from any abstract and typological approach, can offer a convincing way of solving problems about the still discussed nature of long-term contr...
2
artículo
In this article, the author highlights the benefits of incorporating the concepts “concession contract” and “long term contract” within the new Civil and Commercial Code of the Nation in Argentina. For the author, these contractual arrangements are fundamental in Administrative Law to understand the scope of the concession of public services, specifically in regard to the introduction of changes in the contract. This also means that foreign police concepts or theories as ius variandi, which only add authoritarian elements under the contract, are not longer required.
3
artículo
Publicado 2005
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This paper examines the invalidity of contracts within the framework of the theory of legal transactions, focusing on nullity and voidability. This analysis shows that the invalidity of contracts, and in particular the distinction between nullity and voidability, is a complex task that requires a deep understanding of the nature of the legal transaction. It is therefore argued that it is necessary to go beyond the category of legal act in order to understand and explain the theory of invalidity and its application in practice. In this context, the author addresses three important points in order to delimit the distinction between the two main types of contractual invalidity: the organic conception of invalidity, the social conception of invalidity and the normative conception of invalidity. By understanding each of these conceptions, the author concludes by pointing out the scope of prot...
4
tesis de grado
Publicado 2025
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El presente trabajo de investigación tiene como título “Obligatoriedad del uso de Smart Contracts en contrataciones electrónicas como mecanismo de protección al consumidor”, el cual tiene como objetivo principal, determinar si la obligatoriedad del uso de Smart contracts en contrataciones electrónicas permitirá brindar una mejor protección al consumidor. En cuanto al aspecto metodológico, es una tesis de tipo descriptiva, con un diseño no experimental, utilizando un enfoque cualitativo y de un alcance explicativo. Para ello se utilizaron las técnicas de la entrevista y el análisis documental, siendo la muestra para la entrevista de catorce personas, divididos en cuatro funcionarios de INDECOPI y diez abogados especialistas en derecho civil y comercial y/o derecho de protección al consumidor. Los resultados obtenidos revelan que los entrevistados señalan que para la imple...
5
artículo
Publicado 2021
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The exponential growth of e-commerce in Peru has generated new problems in the effectiveness of consumer rights and the consequent consumer distrust in e-commerce transactions. Government authorities have repeatedly mentioned that a solution to these problems would be the regulation of electronic consumer’s relationships established at national level. This solution goes on the same page with the tendency of the European Union to regulate digital markets. However, is the legislative initiative an ideal solution to solve the new problems generated by e-commerce?.In this article, the authors find that regulation of e-commerce would not completely solve the new problems generated by it. They evidence the necessity of utilizing market solutions based on new technological mechanisms such as smart contracts. These tools, together with the incentive of the authorities that protect consumers’...
6
artículo
Publicado 2023
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As a result of the exposition that Government-to-Govermnet contracts entered into by different Peruvian entities are acquiring, through which a foreign State has been providing specialized technical assistance to the Peruvian State for the execution of important infrastructure projects, such as the Pan American Games, the works of the Reconstruction with Changes, the Chinchero International Airport, the bicentennial schools; the Peruvian State has been seeking the implementation of the different tools used in the execution of these projects in the Peruvian Procurement regulations. Among these tools, one of the most famous in recent years is the international construction standard contracts.Thus, there are already national regulations that collect these contract models and make them available to certain entities to be used for the execution of infrastructure projects. Likewise, the latest...
7
artículo
Publicado 2023
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Contracts are a fundamental element in our current economic system. However, parties sometimes act in bad faith, thereby affecting the contractual relationship. One of the most frequent bad faith conducts is the deceit between the parties to conclude the contract, which then materializes in a breach of contract. This situation has led to the regulation of civil and criminal protection mechanisms. The mechanisms applied in practice include contractual fraud, deceit as a defect of consent and contractual breach. Despite the similarities between these legal institutions, their distinction is extremely important, particularly because the consequence of fraud entails criminal punishment. In that context, this paper features the legal institutions that protect contractual relationships against behaviors where the deceit takes place and analyzes the criteria of delimitation between the swindle ...
8
artículo
Publicado 2015
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The author begins this article focusing on how historically the contract has reached such binding; from its philosophical origins, through his word to a matter of loyalty to Christian morality; to attribute the quality of certainty as contribution to the economy and become an indispensable legal instrument of forecasting for relations between individuals. Finally, in the second part of this article, essential applications mainly include contract between both parties and to third parties, also seeking the role of judge.
9
artículo
Publicado 2011
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Without a doubt, one of the institutions that sets the pace for the development of private law is the formerly called free will, better known today as private autonomy; in other words the freedom of private individuals, acknowledged by the law, to regulate their own legal relations as they wish. As mentioned previously, the law reduces the surface of existential liberty and restores the organized and stipulated legal freedom of the persons to pursue their own objectives, but within the limits set by each legal order. The aforementioned liberty is considered one of the fundamental rights of persons which is best embodied in the contract and its autonomy. Even though it is considered a key part of private legal relations, private autonomy has no specific or explicit space in State constitutions, which is cause for concern, because the laws prefer to grant a constitutional capacity to one o...
10
artículo
Publicado 2011
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Without a doubt, one of the institutions that sets the pace for the development of private law is the formerly called free will, better known today as private autonomy; in other words the freedom of private individuals, acknowledged by the law, to regulate their own legal relations as they wish. As mentioned previously, the law reduces the surface of existential liberty and restores the organized and stipulated legal freedom of the persons to pursue their own objectives, but within the limits set by each legal order. The aforementioned liberty is considered one of the fundamental rights of persons which is best embodied in the contract and its autonomy. Even though it is considered a key part of private legal relations, private autonomy has no specific or explicit space in State constitutions, which is cause for concern, because the laws prefer to grant a constitutional capacity to one o...
11
artículo
Publicado 2014
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During the 90s, the Peruvian government implemented a series of economic and tax to promote investment in the country. This article, after almost two decades and with the assumption of the changes that have arisen, will make a brief review of the background to the enactment of Law No. 30230 with regard to new investments not provided for in the Legal Stability Contracts. From ment, will show how the Law N ° 30230 institutionalizes a misinterpretation of the rules governing legal stability contracts. Then, we will discuss the reasons why the current regulation is not an appropriate tool to promote investment.Finally, we introduce the synthesis of this article through the conclusions.
12
artículo
Publicado 2023
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The essay addresses the restitutions derived from the resolution for non-compliance in a comparative way within the “legal Latinity”. It compares the solutions accepted in Italian law (European legal latinity), and those of two Latin American legal systems, Colombia, and Peru. From the point of view of the discipline dedicated to resolution (termination) and its consequences, the Italian and Peruvian codes are the most advanced, while the Colombian one, which dates from the nineteenth century, leaves ample room for the jurisprudential development of this remedy. In any event, the three legal systems seem to converge on the role of restitution as a tool to return the parties to the economic situation prior to the contract. However, with regard to the basis of the restitution function, uncertainties persist between the condictio indebiti and restitutions specifically regulated in the f...
13
artículo
Publicado 2015
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The main objective of this work is to demonstrate that the Legal Contract —a legal instrument, essential to our existence— as an institution of Civil Law, that enjoys all budgets to be considered as a Scientific Act, based on its features, its importance on the society and on the systematic and methodical evolution preceding to numerous studies that lead to determine principles and theories objectively supported.To demonstrate this proposal, is necessary the support of epistemology, philosophy, history, anthropology, sociology and comparative law in order to obtain a modest theoretical construction of its scientific line.
14
artículo
Publicado 2015
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In this article, the author analyses whether Peruvian labor law permit the incorporation of a resolutive condition in undetermined contracts of employment. To do so, the author annotates a particular case of Peru, as well as some judgments of the Spanish Court of Justice.
15
artículo
Publicado 2019
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Within the main contracting mechanisms used by the Special Project in charge of the organization and development of the X VIII Pan American Games and VI Parapan American Games of 2019 for the acquisition of complex and sophisticated goods, services and infrastructure, considering the lack of national experience in mega sport events, we can find Government-to-Government Agreements and New Engineering Contracts.Considering the results of these contracting mechanisms, there are many public entities evaluating the possibility to use them to carry out their own projects. However, it is not unusual for these entities to not fully understand the scope and nature of said mechanisms.Therefore, this paper explains the main characteristics of these two contractual figures, as well as the experience of their use in the Pan American Games, in order to appoint some c...
16
artículo
This article examines in particular which are the risks inherent in any construction project, and from them, explains the risk assignment method used in traditional construction contracts, noting that it does not adequately solve the allocation of risks and attribution of blame, making construction projects more expensive. In response to how to face these difficulties, this paper studied the collaborative contracts, their common elements, classes and the way in which risks are distributed, making a detailed analysis of the collaborative contract par excellence, that is, the alliancing or Integrated Project Delivery, to finish carrying out a particular examination of how risk assignment is treated in standardized international construction contractual models, such as FIDIC, NEC and FAC-1 contracts.
17
artículo
Publicado 2013
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The Transactional Analysis is a theory of Psychology created by Dr. Eric Berne. It is called transactional because it emphasizes the study and analysis of communication exchange among two or more individuals, as given in couple therapy. All healthy people can “redecided” favorable changes through a personal growth work. The TA has psychotherapeutic techniques that make possible this change, which is important for it in order to establish a contract for this change.
18
artículo
Publicado 2013
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The Transactional Analysis is a theory of Psychology created by Dr. Eric Berne. It is called transactional because it emphasizes the study and analysis of communication exchange among two or more individuals, as given in couple therapy. All healthy people can “redecided” favorable changes through a personal growth work. The TA has psychotherapeutic techniques that make possible this change, which is important for it in order to establish a contract for this change.
19
artículo
Over the years, the theories that have characterized the employment contract have been at odds with each other; however, the legislator has tried to reconcile them. To that extent, the author performs an analysis of the theories of alienation and dependency, which were used by the legislator and the Spanish jurisprudential practice, with the purpose of defining which of them offers a better explanation of the labor contract. In this way, this paper seeks to address both theories mentioned and then to reflect on the subject. After reviewing these criteria, the author suggests that both are insufficient to explain the employment relationship, and therefore proposes a new criterion: the continuous directive power as a cause of the employment contract. According to this new theory, what prevails is the submission of the worker to the permanent control of the employer, being this conception m...
20
artículo
Publicado 2015
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The Roman poet Publius Ovidius Naso; said that time is, and silently age, as the days run away without any brake stop them. With the above discussion, we believe then, that our Civil Code, which governs our daily circumstantial force acts with legal significance; brand new code for our generation, born in leap year and identified by the famous novel by George Orwell “1984”; thirty years old, and although for us, represents a long time or a lifetime; to the Peruvian law is and will be just one more step, which will be learned and contrast with this new life that touches us today, including virtual reality, cloning and any other device that conquers human power. In these light lines, after a fairly theoretical and historical study, I will try to share with you, dear readers, my modest concerns about the civil code and contracts; that imperfect like everything that makes the man should ...
