Tópicos Sugeridos dentro de su búsqueda.
Tópicos Sugeridos dentro de su búsqueda.
Buscar alternativas:
para general » para generar (Expander búsqueda), para genera (Expander búsqueda), paro general (Expander búsqueda)
general law » general a (Expander búsqueda)
para general » para generar (Expander búsqueda), para genera (Expander búsqueda), paro general (Expander búsqueda)
general law » general a (Expander búsqueda)
1
artículo
The text examines the relationship between the general principles of law and the particular principles of labor law, highlighting their role as foundations of the legal system. It is recognized that general principles, divided into different levels, are conceived as the backbone of the rules, while labor principles, such as the protective principle, the most favorable rule and the most beneficial condition, are designed to mitigate the inequality inherent in the labor relationship between employer and employee. In addition, it is emphasized that labor principles acquire great prevalence in cases of normative conflict within this area, prioritizing the protection of workers' rights, even in the face of hierarchically superior provisions. The author also emphasizes that the principles are not only interpretative tools, but dynamic reflections of values and social consensus, such as labor s...
2
artículo
The text examines the relationship between the general principles of law and the particular principles of labor law, highlighting their role as foundations of the legal system. It is recognized that general principles, divided into different levels, are conceived as the backbone of the rules, while labor principles, such as the protective principle, the most favorable rule and the most beneficial condition, are designed to mitigate the inequality inherent in the labor relationship between employer and employee. In addition, it is emphasized that labor principles acquire great prevalence in cases of normative conflict within this area, prioritizing the protection of workers' rights, even in the face of hierarchically superior provisions. The author also emphasizes that the principles are not only interpretative tools, but dynamic reflections of values and social consensus, such as labor s...
3
artículo
Publicado 2013
Enlace
Enlace
This paper looks at environmental damage definition stipulated by Peruvian General Environmental Law as well as its implications for the environmental policy development. It also outlines complexities involved identifying environmental damage as much as designing and implementing public policies according to Peruvian legislation processing.
4
artículo
Publicado 2013
Enlace
Enlace
This paper looks at environmental damage definition stipulated by Peruvian General Environmental Law as well as its implications for the environmental policy development. It also outlines complexities involved identifying environmental damage as much as designing and implementing public policies according to Peruvian legislation processing.
5
artículo
Publicado 2018
Enlace
Enlace
The old Brazilian Civil Code from 1916, as well as the new one from 2002, began with a «General Part» in the spirit of the Pandektensystem. German legal doctrine, without further analysis, has often ascribed this characteristic to the influence of the German Civil Code (BGB). In Brazilian legal scholarship, on the other hand, the common view is quite different and holds that the idea of a «General Part» already existed in Brazil long before the BGB. However, a closer look reveals that both points of view are imprecise. While it is true that the «General Part» can be found in Brazilian private law already in the middle of the 19th century, it was no original creation, but based on the reception of German pandectist literature. At the same time, it needs to be emphasized that already in the Brazilian codification drafts from the 19th century, the «General Part» received,...
6
artículo
Publicado 2018
Enlace
Enlace
The old Brazilian Civil Code from 1916, as well as the new one from 2002, began with a «General Part» in the spirit of the Pandektensystem. German legal doctrine, without further analysis, has often ascribed this characteristic to the influence of the German Civil Code (BGB). In Brazilian legal scholarship, on the other hand, the common view is quite different and holds that the idea of a «General Part» already existed in Brazil long before the BGB. However, a closer look reveals that both points of view are imprecise. While it is true that the «General Part» can be found in Brazilian private law already in the middle of the 19th century, it was no original creation, but based on the reception of German pandectist literature. At the same time, it needs to be emphasized that already in the Brazilian codification drafts from the 19th century, the «General Part» received,...
7
artículo
Publicado 2009
Enlace
Enlace
This paper addresses the relationship between ethics and environmental law from the analysis of the principle of equity included in the General Environmental Law. In this sense, the author begins by developing the concept of "environmental justice" and its connection with the principle of equity. Secondly, he analyzes this principle within the framework of public policy development, emphasizing that we are facing a challenge due to the fact that its implementation includes integration into the development agenda and the fight against poverty. The author questions the neutrality of state action and positions the idea of assuming an adequate distribution of environmental burdens and risks among citizens. Along these lines, the author defines and proposes the adoption of mechanisms aimed at incorporating the ethical dimension into the development of environmental law in Peru.
8
artículo
Publicado 2009
Enlace
Enlace
This paper addresses the relationship between ethics and environmental law from the analysis of the principle of equity included in the General Environmental Law. In this sense, the author begins by developing the concept of "environmental justice" and its connection with the principle of equity. Secondly, he analyzes this principle within the framework of public policy development, emphasizing that we are facing a challenge due to the fact that its implementation includes integration into the development agenda and the fight against poverty. The author questions the neutrality of state action and positions the idea of assuming an adequate distribution of environmental burdens and risks among citizens. Along these lines, the author defines and proposes the adoption of mechanisms aimed at incorporating the ethical dimension into the development of environmental law in Peru.
9
artículo
Publicado 2010
Enlace
Enlace
The author focuses on social responsibility from the legal angle given that imputations can be given for the breach of obligations. In this way, the article begins by showing the background of the SR in which he underwent a paradigm shift from the altruistic or philanthropic concept to the socio-environmental concept. The aforementioned change shows that the RS does not only correspond to the interests of the company-shareholders-but also involves all the members of the company- stakeholders. Second, the author explores the different definitions of the concept of social responsibility, including the approaches of the Green Paper, the Red Forum and other contributions of the international community. Now it is important to highlight the interrelation between socio-environmental responsibility and Law. As a result, national legislation and case law are mentioned as they contribute to an ade...
10
artículo
Publicado 2010
Enlace
Enlace
The author focuses on social responsibility from the legal angle given that imputations can be given for the breach of obligations. In this way, the article begins by showing the background of the SR in which he underwent a paradigm shift from the altruistic or philanthropic concept to the socio-environmental concept. The aforementioned change shows that the RS does not only correspond to the interests of the company-shareholders-but also involves all the members of the company- stakeholders. Second, the author explores the different definitions of the concept of social responsibility, including the approaches of the Green Paper, the Red Forum and other contributions of the international community. Now it is important to highlight the interrelation between socio-environmental responsibility and Law. As a result, national legislation and case law are mentioned as they contribute to an ade...
11
artículo
El contrato de secuestro no es una categoría contractual nueva en nuestra legislación civil. En efecto, aparece con el primer Código Civil, el de 1852, regulado dentro del contrato de depósito, para luego desaparecer durante la vigencia del Código Civil de 1936. Aparece nuevamente con el Código Civil de 1984, pero como figura contractual típica (Arias-Schreiber 1995: 228). Su permanencia es discutida en la legislación civil, debido a la confusión existente en torno a esta figura contractual, y a que se le aprecia, fundamentalmente, como una modalidad especial e independiente del contrato de depósito, la figura general. Entre los juristas nacionales, Arias-Schreiber (1995: 229) defiende las bondades del contrato de secuestro: “Creemos, empero, que debe mantenerse, pues no irroga perjuicio alguno”. Tanto en el ámbito internacional como nacional, el contrato de secuestro no t...
12
artículo
Publicado 2014
Enlace
Enlace
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.
13
artículo
Publicado 2014
Enlace
Enlace
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.
14
artículo
Publicado 2016
Enlace
Enlace
This article addresses the antinomy concerning to profit sharing to the workers. Through an analysis of the classic criteria of antinomy solutions and particulars of the Labour Law, the author recognize the prevalence of the classic criteria.
15
artículo
Publicado 2016
Enlace
Enlace
This article addresses the antinomy concerning to profit sharing to the workers. Through an analysis of the classic criteria of antinomy solutions and particulars of the Labour Law, the author recognize the prevalence of the classic criteria.
16
artículo
Publicado 2015
Enlace
Enlace
This law is extremely important, since repealed and modified quite a few articles of the Civil Code related to exercise capacity. Indeed, aims to establish the legal framework for the promotion, protection and realization, equal, rights of persons with disabilities, promoting their development and full and effective inclusion in the political, economic, social, cultural and technological (art. 1.°), the defines a disabled person.
17
artículo
Publicado 2018
Enlace
Enlace
The special nature of the contractor selection procedure and the source hierarchy of the State Procurement Law have been used as an argument to support the non-application of the interoperability rule within the framework of these procedures. Being in disagreement with this position, we sustain in the article that the special nature of the selection procedure does not negate the application of the informalism principle that underpins the interoperability rule. Likewise, we maintain that the common character of the Law of General Administrative Procedure, where the principle of informalism is enshrined, requires a reinterpretation of the hierarchy of sources of the State Contracting Law.
18
artículo
Publicado 2018
Enlace
Enlace
The special nature of the contractor selection procedure and the source hierarchy of the State Procurement Law have been used as an argument to support the non-application of the interoperability rule within the framework of these procedures. Being in disagreement with this position, we sustain in the article that the special nature of the selection procedure does not negate the application of the informalism principle that underpins the interoperability rule. Likewise, we maintain that the common character of the Law of General Administrative Procedure, where the principle of informalism is enshrined, requires a reinterpretation of the hierarchy of sources of the State Contracting Law.
19
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.
20
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.
