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1
artículo
Publicado 2021
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The notion of democracy is traditionally associated with the emergence and consecration of principles such as freedom and equality, on the basis of which the State established by the social contract is founded. The following article aims to explore the notion of social contract and the possibility of a re-elaboration of it based on the reconciliation of the ideology of equality and freedom as values that underlie its formulation. For this, a review of the theories of classical contractualism will be carried out until tracing its imprintstraces in the so-called contemporary contractualism. Some critical positions regarding the social contract and its origins based on the mercantilist tradition and the liberal theory of the seventeenth century will be analyzed bellow finally, attempt to develop the viability of a liberal socialist thought towards a new foundation of the social contract, ba...
2
artículo
Publicado 2020
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The aim of this Article is to assess the preferences of parties to Latin American international business transactions when they choose the law governing their contracts. For that purpose, the authors have conducted an empirical analysis of data that they were able to gather from arbitral institutions active in Latin America, with a focus on years 2011 and 2012. Furthermore they offer some reflections on the results and elaborate on whether they can be explained by the territorial approach of choice of law in Latin America, the importance of the United States as a trading partner for Latin American countries and the extent to which Anglo-American lawyers are present on Latin American markets.
3
artículo
In this article, the authors attempt to provide a practical review of insurance law in Peru. For that purpose, they use the experience gathered in their years working in this area and allow themselves to go deeper and give their opinion on premiums, the ‘big risks’, the capacity of the companies of the Insurance System to post bonds, among others.The authors intend this text to serve as a practical guide for those involved in insurance law.
4
artículo
Publicado 2014
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Labor Law is an area of Law that has generated much controversy branch of over the years. This is mainly because this branch of Lawis in constant change and development, to which the system must adapt. Because of the importance of the topic, this article seeks to identify the essential (defining) features of Labor law, including those features that have been recently defined.What this article tries to accomplish is to identify those defining features of Labor law and to give them a practical utility, and let us be able to monitor a branch of Law that has been constantly changing, and be prepared for its future development.
5
artículo
Publicado 2014
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This interview aims to expose some relevant aspects of the mining taxes in our country. First, the discussion goes around the typical contracts of mining concessions and their relation with mining royalty and income tax, to then analyze the regulation of and anticipated recovery that looks to be an incentive for mining activity.Finally, the role of the right of effectiveness fee and mining royalty of mining concessions are analyzed, so are the consequences of this two in the mining sector.
6
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.
7
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...
8
artículo
Publicado 2015
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The author explains what «diligent bidder» means during bidding processes. First, he starts analyzing some civil law matters as due diligence and compliance with obligations. Then, he states his position about whether the consultation during bidding processes is a right or an obligation for the bidder, and under what conditions it would work. Furthermore, he explains the relevance of identifying strict liability on developing the technical file to set the compensation of damages. Finally, the author offers some cases to determine when contractors are «diligent bidders» and when they are not. He points out that when contractors are «diligent bidders», the owner must take full responsibility; on the other hand, when they are not «diligent bidders» and they partially caused the damage, the judge or the arbitrator should reduce the compensation.
9
artículo
This paper gives an account of the regulation of public procurement in Spain with prospective ideas on what the future should be. Attention is paid to the main lines of Spanish regulation, and its aims, to end with some propositional conclusions on the regulatory rationale.
10
informe técnico
Este trabajo se llevó a cabo con la ayuda de una subvención del Centro Internacional de Investigaciones para el Desarrollo, Ottawa, Canadá
11
artículo
Simulation is a complex legal operation in which the parties, with the aim of concealing their real intentions, have made two agreements: one apparent and the other one secret. Although simulation is dealt widely in Civil Law countries, the Civil Code of Peru shows some inconsistencies; especially, to employ a doctrinal classification, which describes different aspects of the fattispecie, as various fattispecie. Therefore, the author develops a critical and comparative analysis about simulation of contract in the Peruvian Civil Code.
12
artículo
Publicado 2022
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The objective of this article was to analyze the incidence of State contracting processes in the institutional management of the National Police of Peru (PNP), 2014-2018. The research design was non-experimental, applied, correlational and analytical. The population consisted of 370 administrative and police personnel of the PNP Logistics Directorate. The sample comprised 188 workers of the PNP Logistics Directorate. The survey technique made data collection possible. The questionnaire was the fundamental tool together with the observation form instrument. The research concludes that the contracting processes have a significant influence on the institutional management of the unit studied, which shows the relationship between the variables. In addition, it was shown that the contracting methods of the unit studied are efficient at a medium level due to the incidence of some procedu...
13
artículo
In this second part of the article on F.O.B. and C.I.F. contracts in international maritime sales and purchases, the author focuses his study on the implications and considerations of the c.i.f. (cost, insurance, freight) stipulation in export trade. First, he discusses the importance of the bill of lading, as well as the marine insurance policy and the commercial invoice as key documents in these types of transactions. On this point, he refers to the customary nature of documents in international trade and the relevance of their compliance within the framework of lncoterms 1953 which, although they are not legal norms, the author recommends to adopt to avoid interpretative conflicts. Second, the obligations of the seller and buyer are developed, including aspects such as shipment of goods, contracting of transport and insurance, transfer of risks, acceptance of documents and payment of ...
14
artículo
Publicado 2023
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This article addresses the challenges and opportunities presented by smart contracts in the Mexican legal framework, for which its legal nature, essential elements, and validity requirements will be analyzed. It also highlights the importance of adapting the Federal Civil Code to the particularities of this technology and proposes some legislative amendments that could facilitate its integration into the legal framework.
15
artículo
Publicado 2022
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This paper aims to show that the binding force of the contract is justified in respect for the personal autonomy of the contracting parties. To do this, a contrast is made between the notions of will, promises and autonomy that have led the efforts to justify the binding effect of the contract in dogmatic and philosophical studies of contract law. Finally, some advantages of personal autonomy over other competing parameters are indicated, reinforcing its relevance to support the principle pacta sunt servanda.
16
artículo
Publicado 2020
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The following article aims to raise awareness regarding relevant issues about the way in which the Public administration has been practicing its sanctionatory attributes in regards to the public procurement contracts performance.This analysis strives to display how some excesses are being committed in the execution of this power, having a negative effect in public procurement by not achieving the goal of fighting effectively against immoral conducts and corruption. The purpose of this paper is to expose the misconception entailing the execution of attributes of the executive branch, as well as, the incautious legal measures that have had negative results in this sector.
17
artículo
Contracts are an expression of the negotiating power that corresponds to private autonomy and constitute a voluntary distribution of risks, among them, the lack of performance; accordingly, if such situation materializes or is likely to materialize, within the framework of the so-called synallagmatic contracts, the law regulates two self-protection mechanisms that can be used to prevent the loss of the performance parallelism, which will be applicable according to whether the respective business is of simultaneous performance or of successive performance. Consequently, it is necessary to analyze the content, scope, requirements, validity and modalities, if applicable, of each of these means of defense in which it is intendedthat the contractual performance is exceptionally suspended until the state of affairs can be restored normally. Likewise, it is necessary to critically evaluate whet...
18
artículo
Publicado 2020
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The regulation of recruitment between spouses may vary in each legal system depending on the model of management of marital property adopted by the latter. Some comparative Laws, such as Spanish Law, allow for broad freedom of recruitment between spouses, considering that marriage should not limit their freedom to contract. Instead, Peruvian Law prohibits spouses to contract each other with respect of their common property. But this impediment requires a restrictive interpretation for knowing the real scope of article 312 of Civil Code, since the prohibition provided in this rule does not seem to apply to the personal property of each spouse. If so, the so-called agreements of attribution of common nature to personal property, regulated in foreign legal systems, could also be used in Peruvian Law. For these reasons, this work offers a study about the recruitment between spouses in P...
19
artículo
Publicado 2011
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It is not part of this work to delve into the figure of the contract in Roman Law. Nor is this paper intended to discuss the different theses provided by the science of Roman Law on the nature of the conventio and the pactum. The discourse that I intend to propose is to use some tools that come from the same sources, specifically the alimentorum mortis causa transaction, to see to what extent this figure can contribute to shed light or provide criteria on the necessary qualification or not of the transaction as a nominated contract or nameless. I have considered it necessary to refer previously, and in a summary way, to what the science of Roman Law has said about the possible assimilations and associations of the transaction with the contracts.
20
artículo
Publicado 2023
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Contracts with preference clauses are agreements adopted by the parties to voluntarily continue to be bound at the end of the contract, with either party unilaterally exercising the right to enter into a new contract. Currently, the Federación Peruana de Fútbol has problems with certain clubs in the framework of transmission rights contracts containing this type of clauses.This paper will address the following points.First, we will explain what are the preference rights and how they are configured. Next, we will analyse the concept of ‘tacit representations’ in relation to pre-emptive covenants. Finally, we will frame the two previous points in the case of the Federation in order to understand the problems that revolve around the contracts that regulate transmission rights.
