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1
artículo
Publicado 2020
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Currently there is a need to identify the problems that exist in society around their mental health and study the problems of the implementation of the Mental Health Law No. 30947 in Peru, because this will be a study of the Peruvian reality on The only way that allows us to propose improvements to the Law and formulate public and institutional policies at different levels of government. In this context, it is important to bring up a mention that our country is one of the group of States that have citizens who require preventive and welfare mental health care. But it also happens that curiously we are one of the countries with the least adapted infrastructure for these needs in hospitals, that's why there is the importance of deepening latent problems, without neglecting the team that works within these obligations to have adequate training for their work and having full knowledge of the...
2
artículo
Although urban legislation is fundamental to improve the living conditions of Peruvian cities, in the case of Metropolitan Lima the regulatory framework for urban planning is, to say the least, chaotic and ineffective. For this reason, in this paper we describe and analyze the regulatory framework of urban development at the metropolitan level with the objective that the legibility of the regulations helps to improve the design of public policies and guidelines for the planning of the city. Through cabinet analysis, workshops and unstructured interviews, we studied the history, actors and instruments of the urban planning regulatory framework of Metropolitan Lima. We conclude that this legal framework currently faces critical challenges such as administrative fragmentation and lack of vision of the city, institutional weakness and the lack of systematicity in the regulations.
3
artículo
Publicado 2022
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Persons find it difficult to know, identify and understand legal provisions, which being abundant coexist with the fluctuating case law, the doctrine, among other legal cognitive inputs. In view of the foregoing, this research attempts to overcome the problem of the cognoscibility of law through two practical applications of artificial intelligence – expert informative and cognitive legal systems – with the aim of ensuring better conditions of access, identification and comprehension of the law, by all persons, to suitably channel their behaviors. This scenario manages to configure a new interaction between the legal information and the persons, to attain further knowledge of the law as an ideal condition of legal security.
4
artículo
Publicado 2022
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Persons find it difficult to know, identify and understand legal provisions, which being abundant coexist with the fluctuating case law, the doctrine, among other legal cognitive inputs. In view of the foregoing, this research attempts to overcome the problem of the cognoscibility of law through two practical applications of artificial intelligence – expert informative and cognitive legal systems – with the aim of ensuring better conditions of access, identification and comprehension of the law, by all persons, to suitably channel their behaviors. This scenario manages to configure a new interaction between the legal information and the persons, to attain further knowledge of the law as an ideal condition of legal security.
5
artículo
Publicado 2020
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The present paper treats about the juridical nature of prescription in administrative sanctioning law and the treatment that it receives in the composition of administrative liability of civil servants. In this context, the paper proposes a typology of prescription period of the administrative disciplinary procedure of the Civil Service Law, analyzing the main issues that each of them present, and makes some proposals of normative improvement that allows these periods to be protective for accused servants and also for Public administration.
6
artículo
Publicado 2020
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At present, the problem of sustaining the law-abiding behavior of minors in educational institutions, identifying and eliminating the causes and conditions that contribute to the development of deviant behavior of students is becoming more and more topical. This paper presents the results of a monitoring study of the current state of the activities carried out by educational institutions to form the law-abiding behavior of minors in the territorial entities of the Russian Federation. It also presents the results of a theoretical study of the foreign experience of educational institutions in the framework of maintaining the law-abiding behavior of minors in the educational environment. The conclusions have been drawn that a system-activity approach should be the basis of an educational impact in educational institutions which will provide: the formation of students’ readiness for self-d...
7
artículo
Publicado 2023
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This paper identifies the interpretative and qualification legal problems posed by the criminalisation of rape offences in Peru by examining the most contemporary case law and specialised literature. Through a teleological and systematic legal interpretation of these offences and applying a gender perspective, preliminary alternative solutions are constructed. The main legal conclusion reached is that, with the incorporation of the modality of “taking advantage of any other environment that prevents the person from giving free consent” in the offence of rape in its basic modality (article 170 of the Criminal Code), the Peruvian legal system has incorporated a model based mainly on the absence of consent for sex offences. This model, in turn, is close to the “yes means yes” approach to consent, based on a conventional, constitutional and teleological interpretation of the wording ...
8
artículo
Publicado 2021
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This article seeks to demonstrate that considering the French approach to the general action in unjustified enrichment may help English law to deal with the difficulties raised by indirect enrichment cases. To do so, it introduces the problem of the link between the parties in English law and compares the German and French approaches to this problem. It is suggested that the cases where the general action in unjustified enrichment has been recognized by French case law are useful to identify a set of considerations that might allow deciding indirect enrichment cases without relying on abstract notions intended to be applied in every possible scenario.
9
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.
10
artículo
Publicado 2018
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En este trabajo abordamos el concepto de Estado de Derecho presentando algunas perspectivas útiles para su análisis y edificación, a la par que fijamos los elementos que, tras su desarrollo histórico, configuran su contenido básico esencial. Dicho contenido pone de manifiesto que, para que exista un auténtico Estado de Derecho, el poder debe encontrarse limitado y sometido al Derecho, debe existir una separación y equilibrio de sus manifestaciones funcionales, un efectivo control jurisdiccional en su ejercicio, además del reconocimiento y la vigencia real o efectiva de los derechos fundamentales. Con esa constatación, abordamos también algunos modelos teóricos que, desde distintas posturas, plantean diferentes ideas sobre el Estado de Derecho, y finalizamos con una aproximación al Estado constitucional como expresión avanzada del Estado de Derecho.DOIhttps://doi.org/10.24265...
11
artículo
Publicado 1968
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The definition of the state has its origin in law, which in turn is linked to man. In this context, the state is understood as the subject or unit of the legal order in which social life takes place. This article discusses the role of the state in modern society through an analysis of the problems it must face in order to survive and prevail. The challenges that a state must face are many; however, the author emphasizes that the main problems are related to the nature of the state itself. The association of citizens in different political parties and, in particular, the formation of subversive groups that threaten the law have always posed a challenge to social stability. At this point, the author emphasizes that revolution is justified only when a state has placed particular interests above the common good. Other issues may arise from the relationship between church and state, which mus...
12
artículo
Publicado 2021
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Responding to the needs of professional and human improvement by attending to diversity is one of the demands of educational systems. International studies carried out by several authors have shown concerns about the attention to minors in conflict with the law. The objective of this work refers to a review study by different professionals of the world, about the attention received by minors in conflict with the criminal law, as well as the causes that originate it, lines of work and strategies to be developed for their prevention and attention at all levels from the intersectoriality.
13
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This article addresses the problem of the moral wrong present in rape. To do so, it undertakes an analysis of John Gardner's proposal on the subject. Then, identifying what Gardner calls a pure case of rape, it explores the nature and characteristics of consent as a normative transformer. To this end, it addresses the discussion, within the philosophy of action, on what is the ontology of consent. Finally, and as a consequence of holding that consent is a mental state, some problems related to the knowledge of other people’s mental states, traditionally addressed as the problem of other minds in the philosophy of mind, are raised. Some consequences for the evidentiary analysis in cases of rape crimes are drawn from this analysis.
14
artículo
Publicado 2023
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The objective of this article is to determine how to provide legal certainty to the principal in the execution of an incomplete security that has been completed in a manner contrary to the agreements made. The methodology is basic, using a qualitative approach of an analytical nature to provide a solution to a real phenomenon. It has also been developed through a systematic review study. The main theoretical bases are the description of the socio-legal problems related to incomplete securities, as well as the proposal of application assumptions in order to be able to resolve existing conflicts by making use of the so-called ICT (Information and Communication Technologies) and new technologies. It is concluded that an adequate and viable legal regulation of the act of accepting and issuing incomplete securities is necessary in order to ensure their full legal effectiveness and an adequate...
15
artículo
Publicado 2016
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The present article has the objective of analysing the provisions that the peruvian State has been adopting for the implementation of the persons labour law with disabilities. In concrete, the article examines the provisions of the employment rate, the obligation to adopt reasonable settings and the bonification for the access to public employment. Additionally, it will develop some problems originated from this implementation and it will explain the remaining normative problems that still exist in the protection of other dimensions about labour colective law and people with disabilities.
16
artículo
Publicado 2020
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The article analyzes the main problems and contradictions in the formation of legal regimes for the regulation of robotics, artificial intelligence and other innovative technologies of our time. The work content shows the unpreparedness of modern legal science and practice to conceptual and legal design, legal and technical development of the regulatory legal acts aimed at the legislative fixation and regulation of the processes of using artificial intelligence and robots in public relations, as well as definition of responsibility and appropriate protection modes of legitimate interests, rights, freedoms in the system of personality - society - state. The subject of this study is the resolution of these problems and contradictions, as well as the identification of directions for the formation of a legal framework for the regulation of modern innovative technologies and digital processes...
17
artículo
Publicado 1986
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The paper analyzes the formation of commercial contracts in the U.S. legal system, with a focus on the problem of risk. The author examines how contract theory has developed in the United States, from a rigid and formalistic view to a more flexible approach, embodied in the Uniform Commercial Code (UCC). It also discusses concepts such as “consideration” and its importance in validating a contract, as well as the exceptions to the general rule, such as “promissory estoppel”, which allows the fulfillment of promises without direct economic benefit. It also addresses the evolution of contracts in situations of risk, highlighting how the UCC allocates the risk of destruction of goods and the annulment of contracts for mutual mistake or frustration of purpose. All this, citing diverse case law referred to the implications of the commercial contract. Finally, he briefly explains the d...
18
artículo
Publicado 2016
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In terms of the works contracts as a general rule the target prices between the parties are immutable. However, in the execution of the contracts for works might well emerge unforeseeable events, which would produce costs to the contractor. To these events, what actions the parties migth take? What kind of remedies does the Peruvian Civil Code offer?. In this article, the autor analizes these issues and proposes solutions to these unforeseeable risks, all on the basis of Peruvian Civil Code and a comparative study with Italian Civil Code.
19
artículo
Publicado 2023
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The author analyzes the problem of the application of life imprisonment in the crime of rape of minors, provided for in Article 173 of the Peruvian Criminal Code. He considers that although the Peruvian Supreme Court and Constitutional Court have reaffirmed its constitutionality, in the face of exceptional situations that arise in each particular case (grounds for reduction of punishability, procedural bonuses and personal circumstances of both the victim and the aggressor), the criminal law has not provided for the possibility of reducing the penalty to limits below the legal minimum, which in many cases has led to the legal operator of lower instances, despite such assumptions, to impose disproportionate penalties, far from the principle of guilt. This had to be corrected by the Supreme Court, and a context of legal insecurity was manifested that denaturalizes the purposes of criminal ...
20
artículo
Publicado 2021
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“Joints and Problems of Property according to Hegel”. Hegel’s theory of property according to the person’s abstract law in his Philosophy of Law states (a) that property is the external objectification of free will through appropriation (common or private) of exterior things; (b) that property does not only refer to a previously given world, but also to the absolute difference between persons and things and to the proto-economic problem of the persons’ access to things through their actions; (c) that the property that is rationally necessary for the free person-hood supposes the recognition between self-consciousness (even so the notions of recognition and objective spirit be improvable constructions with a detailed analytics both philosophical and empirical); and (d) that property, without refusing the typical formalism of private law, demands the concrete universality of publ...
