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1
artículo
In the present study, the educational situation in the territory of the prelature of Ayaviri is analyzed considering variables such as quality, efficiency and equity for the levels of initial, primary and secondary education. The study presents in general terms the current state of educational coverage and efficiency, literacy levels, learning achievements and other factors that contribute to a better understanding of the educational situation in that southern Andean region.
2
artículo
Publicado 2014
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In this report, the main Income Tax aspects related to the concessions of public infrastructure and of public services regulated by Supreme Decrete N° 059-96-PCM are analyzed. Hence, the applicable rules for investments made by the concessionaires and the treatment of self- sustained and co-financed concessions will be examined. To conclude this report, legislative changes that, in opinion of the authors would help provide greater security to the current regime on benefit of the Peruvian State and the investors, are suggested.
3
artículo
The Principle of Horizontal Subsidiarity: Framing Notes for its Role in the Peruvian Economic System
Publicado 2024
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This paper explores the principle of horizontal subsidiarity in the Peruvian legal system, highlighting its importance as a fundamental pillar to balance state intervention and individual freedom in the economy. Starting with the explicit enshrinement of this principle in Article 60 of the 1993 Constitution, the study analyses its application and the challenges it faces in practice, particularly in the economic and social spheres. The paper reviews the historical and doctrinal evolution of the concept of subsidiarity, from its roots in classical political philosophy to its development in the Social Doctrine of the Catholic Church, and how these influences are reflected in Peruvian regulations. The paper also examines the interpretations and applications of the principle of subsidiarity in the jurisprudence of the Constitutional Court and INDECOPI’s decision-making practice, includ...
4
artículo
Publicado 2016
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One of the main objectives of any legal system is legal certainty, which is understood as the provision of decisions in the work of the courts. To this end, in order to standardize the diversity of decisions of courts for the same conflict, there are meetings of supreme judges who seek to give a unique sense of resolution to the same conflict. Those meetings are called Cassation Plenaries.In this article, the author comments and develops the decision taken at the IX Civil Cassation Plenary. At that meeting a broad criterion of manifested nullity has been chosen, whenever the causal is “easy to warn”. However, throughout the text the author highlights the methodological vices of the Supreme Court to reach this conclusion and, using a legal comparison, proposes a different criterion of manifest nullity, demonstrating that for our legal system this should not be restricted t...
5
artículo
Publicado 2020
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In the Peruvian legal system, the parties may conclude procedural agreements that condition the access to challenge of the arbitral award to the constitution of a guarantee. These procedural agreements do not violate legislative or constitutional provisions in force. Additionally, they have an express legislative recognition in the Peruvian Arbitration rules. However, procedural agreements have specific limits which, if violated, generate the nullity of said agreements.In this article, the author assesses whether individuals can establish an agreement that makes access to the setting aside of the arbitral award conditional on the provision of security. In this regard he presents, in a critical manner, the main positions that have been raised for and against towards this area in order to demonstrate his initial hypothesis.
6
artículo
Publicado 2022
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In Trujillo, northern Peru, the Units against Flagrante Delicto has been recently (July, 2022) inaugurated within the so-called Integrated Center of the Judicial Administration System, in which the Judiciary and the Government Attorney General’s Office stand out, in small and unified environments. The need for solutions to opportunely deal with cases where the perpetrator of a crime is apprehended almost instantaneously or within the legal assumptions of the so-called «in flagrante delicto» has resulted in the implementation of environments such as the above mentioned, especially in places with high crime rates. Are these mechanisms effective in reducing crime? In the following lines we will try to reach some explanations.
7
artículo
Publicado 2022
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In Trujillo, northern Peru, the Units against Flagrante Delicto has been recently (July, 2022) inaugurated within the so-called Integrated Center of the Judicial Administration System, in which the Judiciary and the Government Attorney General’s Office stand out, in small and unified environments. The need for solutions to opportunely deal with cases where the perpetrator of a crime is apprehended almost instantaneously or within the legal assumptions of the so-called «in flagrante delicto» has resulted in the implementation of environments such as the above mentioned, especially in places with high crime rates. Are these mechanisms effective in reducing crime? In the following lines we will try to reach some explanations.
8
artículo
Publicado 2015
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This article approaches a topic of increasing incidence in the judiciary system that is the recognition of foreign sentences because of the massive migratory movements currently produced by several factors causing a great economic, social, legal impact and in the relationships of the personnel involved in the family. In this topic is worth noting, the standarization of notary and administrative divorces, whose regulation in the civil laws is spreading in Latin America, although they do not receive similar recognition in the private international law.
9
artículo
Publicado 2015
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This article approaches a topic of increasing incidence in the judiciary system that is the recognition of foreign sentences because of the massive migratory movements currently produced by several factors causing a great economic, social, legal impact and in the relationships of the personnel involved in the family. In this topic is worth noting, the standarization of notary and administrative divorces, whose regulation in the civil laws is spreading in Latin America, although they do not receive similar recognition in the private international law.
10
artículo
Publicado 2021
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In this essay, we present some ideas and data records compiled in Piura and Lima archives about how the economy of Piura between 1532 and 1650 will undergo a socioeconomic shift from agriculture to farming. This historical dynamic accompanied by an explanation about the movement of the city of San Miguel de Piura; the use of salaried peonage, the colonization of indigenous peasants, and the labor of black slaves and freedmen; which will make possible the formation of a colonial agrarian system in the ‘corregimiento’ and province of Piura. In this case, the first stage of the viceregal agrarian structure begins to be built with the organization and distribution of land to indigenous peoples and communities that Viceroy Francisco de Toledo deploys since 1572, to later stabilize the ‘corregimiento’ of Piura with the refounding of the city in 1588 by Viceroy Conde del Villar in its c...
11
artículo
Publicado 2021
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In this essay, we present some ideas and data records compiled in Piura and Lima archives about how the economy of Piura between 1532 and 1650 will undergo a socioeconomic shift from agriculture to farming. This historical dynamic accompanied by an explanation about the movement of the city of San Miguel de Piura; the use of salaried peonage, the colonization of indigenous peasants, and the labor of black slaves and freedmen; which will make possible the formation of a colonial agrarian system in the ‘corregimiento’ and province of Piura. In this case, the first stage of the viceregal agrarian structure begins to be built with the organization and distribution of land to indigenous peoples and communities that Viceroy Francisco de Toledo deploys since 1572, to later stabilize the ‘corregimiento’ of Piura with the refounding of the city in 1588 by Viceroy Conde del Villar in its c...
12
artículo
The constitutional formalization of the autonomy of indigenous peoples and communities in Mexico has generated new signification processes that require a broader understanding than the legal one. Therefore, there is a need to incorporate the anthropological, sociological and cultural dimension to the theory of law to understand contemporary plurilegality. This essay argues the importance of adopting the concept of “transculturation” for field of legal discipline. It is a category of analysis that originated in Latin American anthropology and later underwent a fundamental development by literary criticism and Latin American cultural studies. In this sense, the concept of “legal transculturation” is proposed in two dimensions: indigenous (subaltern) and state (hegemonic), as well as the conceptual relationship between that concept and analytical categories such as “inte...
13
artículo
Publicado 2019
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The peruvian Supreme Court has considered at the V Labour Plenary that the remunerations left to be received in cases of uncaused or fraudulent dismissal have a compensatory nature. This interpretation has led the notion of punitive damages to be used rhetorically and has provoced that differentiated rules are established without justification in relation to void dismissal.The article explains the reasons why the Supreme Court assumed such position and criticizes those reasons. Finally, a possible solution is presented so that the magistrates do not apply the refered interpretarion in specific cases.
14
artículo
Publicado 1984
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El Dr. Althaus estudia la configuración delEstado y la sociedad chilenas en la época de la Guerra del Pacífico en base a la siguiente hipótesis:"En Chile existía un abismo social y sobre ese abismo se erguía un Estado moderno para la época y modernizante. . . El abismo social en Chile era de distintas características al abismo social peruano y va a ser factor influyente en el desencadenamiento de la guerra, y el Estado modernizante chileno aparentemente se parecía a algunos Estados modernizantes europeos, pero en la realidad se diferencide éstos en que autolimitó su modernización, sobretodo después de la guerra, o quizás su modernización estaba en parte limitada por la situación de Chile frente a países capitalistas avanzados". El trabajo realiza este estudio a partir del método histórico-jurídico, combinado con la aproximación sociológica. Hace un perfil del sistem...
15
artículo
Publicado 2021
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Dictionary notes play an important role in description of a title unit. A note is an abbreviated word or phrase which gives a certain characteristic to the language unit. Traditionally, different types of notes are distinguished: grammatical, stylistic, sectoral, chronological, etc. The object of this research is a lexicographic note which can be justified if it demarks the usage sphere and language peculiarities of the title unit. The material for the research is bilingual (Russian-Tatar and Russian-Chinese) dictionaries of various types of the end of the 20th – beginning of the 21st centuries. The paper presents the results of comparative analysis of the notes system in bilingual dictionaries. The study revealed the following: 1) when lexical units are supplied with notes, the authors and compilers of bilingual dictionaries, as a rule, use the data from thesauri of the entry language...
16
artículo
Publicado 1970
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This paper offers an analysis of Habeas Corpus in the Peruvian legal system. For this purpose, three main issues are discussed. First, it tries to establish the nature of Habeas Corpus in Peru. The author points out that, although it is a legal institution whose origin is found in Constitutional Law, it has ended up being used in Civil and Criminal Law. Secondly, the legal nature of this institution is questioned; and in this case, the author tries to reveal whether it is an action or a remedy, properly speaking. Thirdly, the procedural regulation that this "guarantee" should follow within the national legal system is addressed.
17
artículo
In Peru, fears persist about the reform of family law; after 40 years of the Civil Code (1984), the author persists and incorporates new reasons to agree to its ‘contractualization’ as a reflectionof a society that is less and less willing to marry.We are faced with a regulation that prolongs the marital crisis and is counterproductive for the system itself.The article uses the American experience and the initiatives of the Uniform Law Commission or the American Law Institute to demonstrate the complementarity that can exist between the freedom of the parties to enter into marital or premarital agreements and the subsequent judicial scrutiny. It is emphasized that a modernization of family law does not involve the renunciation of the family law principles.
18
artículo
Publicado 2017
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This paper is about the arbitration in China ant he recognition of the foreign arbitral awards in China and Peru. The author indicates how the arbitration and the dispute settlement were in China, also he says that the Chinese commercial opening produced that China adopted inside its legal system the commercial arbitration. Above this line, he says that the main instrument regarding the recognition and enforcement of the foreign arbitral awards in China and Peru is the New York Convention. About the proceeding of this recognition and enforcement of the foreign arbitral awards it is said how it is performed in the Chinese and Peruvian Law. The author ads that China and Peru should have a mutual awareness proceeding of the dispute settlement to ensure the mutual investments.
19
artículo
In the text of the New Criminal Procedure Code there are rule with inquisitive lags that have being applied literally, preventing the consolidation of the Accusatory Model in Peru. Such inquisitive lags affect the consolidation of the oral audiences system and the adversarial system of trial and the design of an efficient investigation based on the coordination between the police and the prosecution. The problem is aggravated because in Peru an integral reform of the legal system (Constitution and Organic Laws) to ensure real change in criminal justice was not carried out, as it was done in Chile and Colombia. Before the defect of the legislature, there is the option of a constitutional interpretation of these rules, as stipulated in Article X of TP the NCPP, to ensure the success of the criminal procedure reform in Peru.
20
artículo
In the text of the New Criminal Procedure Code there are rule with inquisitive lags that have being applied literally, preventing the consolidation of the Accusatory Model in Peru. Such inquisitive lags affect the consolidation of the oral audiences system and the adversarial system of trial and the design of an efficient investigation based on the coordination between the police and the prosecution. The problem is aggravated because in Peru an integral reform of the legal system (Constitution and Organic Laws) to ensure real change in criminal justice was not carried out, as it was done in Chile and Colombia. Before the defect of the legislature, there is the option of a constitutional interpretation of these rules, as stipulated in Article X of TP the NCPP, to ensure the success of the criminal procedure reform in Peru.
