Giuristi Vol. 1 Nº 1 (2020)
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Item Metadata only Análisis jurisprudencial de la economía del bienestar en la constitución económica material peruana(Universidad ESAN, 2020-06-27) Ahomed Chávez, Omar AbrahamThis work researches the welfare economics in the Peruvian material economic constitution through the precedents of the Constitutional Court of Peru. It has as objective to identify the principles and theories that the Constitutional Court uses to resolve conflicts between economic groups. The research will differentiate between material economic constitution and formal economic constitution within of the Peruvian social market economy.Item Metadata only Una aproximación al acto cambiario desde la teoría del negocio jurídico(Universidad ESAN, 2020-06-27) Da Giau Roose, PieroThe general principles of law are a worldview or aspiration that generate guidelines that go beyond the creative work of positive law, covering not only the act generator of the legal norm but also the mechanisms of interpretation and legal integration. However, each area of law is ruled by special principles that are its own and that generate individual characteristics that make them independent. This article seeks to relate the rules that govern the legal transactions with those that deal with the exchange law, trying to demonstrate the singularities inherent in this special area of law, we will start from a historical perspective and culminate in the normative and jurisprudential demonstration, reinforced by dogmatic in both fields of legal knowledge.Item Metadata only Camacho Zegarra, María, Fiedler, Denise y González-Palacios, Carlos (coords.). Seguridad y libertad(Universidad ESAN, 2020-06-27) González -Palacios, Carlos AlbertoPublished in Lima, but with contributions from authors from different countries from Latin America and Europe, this book presents a large part of the works exposed during the IV Peruvian-Franco-German Academic Meeting that in August 2017 brought together the Faculties of Law of the Technische Universität Dresden (Germany), from the Université Paris-Nanterre (France) and the ESAN University around the topic «Security and freedom ». This book consists of thirteen articles in various languages, spread over five chapters representing the current challenges of our democracies contemporary: I. The legal implications of the state of emergency. II. Security and migration borders. III. Terrorism, a changing threat. IV. Security issues in international law. V. Fight against corruption.Item Metadata only Caso Kuntur Wasi: sociedad aeroportuaria Kuntur Wasi SA y Corporación América SA con la República del Perú (caso CIADI ARB/18/27)(Universidad ESAN, 2020-06-27) Rey de Castro Alarco, ÁlvaroThe present article examines in a preliminary perspective the Kuntur Wasi Case, which is actually been under an Arbitral Tribunal in ICSID. It is focused in the probable perspectives that the present case may take under an analysis that centres in the Peru-Argentina BIT and its Public International Law norms.Item Metadata only El concepto de devengo jurídico introducido por el Decreto Legislativo 1425, el principio de asociación, correlación, equiparación o matching, y la aplicación de la NIIF 15(Universidad ESAN, 2020-06-27) Casanova-Regis Albi, Roberto JoséDue to the enactment of Legislative Decree Nro. 1425, this paper, points out the relevance of the concept of Juridical Accrual in our tax legal system; as well as the parameters that tax payers must take into account for its correct application in their day-to-day operations, which are understood as economic facts giving rise to taxable events subject to the Corporate Income Tax. On this basis, in order to provide the tools for its correct application of the aforesaid concept, we had incorporated into its analysis, required civil law aspects as they are mentioned by the own juridical definition of Accrual.Item Metadata only Editorial(Universidad ESAN, 2020-06-27) Camacho Zegarra, María AugustaTen years ago we focused on the project of starting a law degree Corporate at ESAN University, to lay its foundations and put it, finally, available to young people eager to study a career in quality that combines the classic aspects of law with the introduction knowledge of the field of management and business, as well as the area international with an economic perspective. According to the great objective of make it one of the best options to train corporate lawyers, the desire arose to materialize a work that constituted a space for the reflection, analysis and intellectual production of our teachers, students, researchers or jurists in general.Item Metadata only Intelectualidad y política: el convictorio de San Carlos y Bartolomé Herrera(Universidad ESAN, 2020-06-27) Gálvez Montero, José FranciscoIntellectuality and politics have been recurrent elements in the management of power, directly or indirectly. The article highlights the influence of the Convictorio de San Carlos (Lima) in strengthening the prevailing regime. From him, we show José Faustino Sánchez Carrión, liberal revolutionary, and Bartolomé Herrera, conservative liberal, each of whom in his time and context had the leadership in politics. A fact that highlights the importance of the contributions of the Study Centers in the management of the country.Item Metadata only Los precedentes del tribunal constitucional en el arbitraje(Universidad ESAN, 2020-06-27) Ledesma Narvaez, Marianella LeonorThe arbitration in our country has been impacted by the decisions of the Constitutional Court. These decisions have had such importance in the arbitration activity, not only because of the content of the interpretations, but because these interpretations have been given the connotation or precedent status. Precisely, it is the reason for this work to present the two precedents that the Court has set in arbitration to reflect on how successful are the rules of jurisprudential creation and how these statements impact on legal security.Item Metadata only Resolución por inejecución de obligaciones mediante intimación del acreedor: algunos comentarios sobre su regulación civil y registral(Universidad ESAN, 2020-06-27) Ortega Piana, Marco AntonioIn the event of a serious breach of obligations, it’s logical the representation that assists the creditor exclusively affected, the possibility of resolve the agreement, for loss of interest in claiming the due; however, to achieve this purpose, the law has the necessary observance of certain requirements, which cannot be ignored within the framework of private autonomy, or because the creditor wants to resolve the agreement unilaterally. It’s precisely the affectation of the indicated interest that makes it possible to distinguish between immediate and deferred resolution procedures, proposing that the so-called intimidation resolution be considered in the last group, given that it’s assumed that the creditor maintains interest in to obtain the due, although it will lose it if, within the granted period, the unfaithful party maintains the state of non-performance of obligations. Being a full-fledged resolution, in which a constitutive jurisdictional qualification is omitted, it should be able to register said resolution, despite the fact that the current registry regulation does not expressly authorize it, for which purpose, warning of contingencies, certain alternatives are proposed for reasonably protect the interests of the parties involved.Item Metadata only Sierralta Ríos, Aníbal. El comercio internacional y su impacto en la cultura y el derecho(Universidad ESAN, 2020-06-27) Almeida Pérez, Mariced Morayma; Vergaray Castillo, Daniela CarolinaCurrently, international trade is one of the economic activities more outstanding. It does not imply - as the author states - only transfers of goods or services; It also includes a series of elements, among which culture, technology and legal systems are included. For this reason, the international trade has direct effects, through cultural penetration or political interference, both in transnational corporations and in Recipient states and their populations. Sierralta, taking into account these new elements that are affected by economic activity, proposes a new theory: the evolutionary theory of international trade. This is raised not only as a theoretical approach, but also as the development of interdependence between the actors and the time factor in trade.Item Metadata only ¿Tienen derechos los muertos?(Universidad ESAN, 2020-06-27) Cárdenas Krenz, RonaldThe study reviews some common concepts about Law, such as the paradigm that the person becomes an object with death, laying down in question the traditional idea that the rights of the human being are extinguished with his death, raising the possibility of their recognition through the concept of “transcendent preterit personality” and taking into account the posthumous dignity of the person. To this end, the subject is analyzed both from a theoretical and a practical perspective, offering a more complete perspective in the better defense and protection of the Fundamental Rights, among other issues related to the subject.
