Giuristi Vol. 4 Nº 8 (2023)
URI permanente para esta colecciónhttps://hdl.handle.net/20.500.12640/4088
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Ítem Solo Metadatos Cuando el derecho procesal y el arbitraje se encuentran(Universidad ESAN, 2023-12-31) Pulido Del Pino, Natalí JulianaThis article is a reflection that, using doctrine and jurisprudence, aims to evaluate what happens with the determination of jurisdiction when we are faced with pathological clauses. Although, in principle, we should refer to arbitration, in some exceptional cases the disputes will end up being settled by the Judiciary. For these purposes, we start from the concept of the arbitra tion clause; then, we will deal with the exception of the arbitration agreement, where the types of pathologies that can be found are developed; and we will analyze what has happened, in practice, in the Peruvian national courts, to finally determine who will be the competent authority in each specific case.Ítem Solo Metadatos Multidisciplinariedad del derecho corporativo en México(Universidad ESAN, 2023-12-31) Morales Ozuna, Enrique EribertoThe central point of the study is to briefly explain the process of creating a commercial company with a multidisciplinary perspective of corporate law in Mexico, as an integrating axis of the legal disciplines consisting of Commercial, Notarial, Tax, Labor and Law. of Social Security. The significance of the proposal lies in exposing from a multidisciplinary perspective each legal system that affects the correct creation of a corporation in Mexico, making visible the points of concurrence of each of the legal sections of these legal dis ciplines, which apparently do not have correlation, given the nature of each of them; however, their meeting point is to bring a company into legal life. This being the final concordant or common objective of these various areas of law and, of course, the activities that corporations could subsequently develop, until their liquidation.Ítem Solo Metadatos Pacto resolutorio expreso algunos comentarios sobre su regulación civil y registral(Universidad ESAN, 2023-12-31) Ortega Piana, Marco AntonioIn the event of a serious breach of obligations, and having lost interest in the due performance, the creditor, as a faithful party to the respective legal relationship, may choose to invoke the agreement that had been expressly agreed, thereby terminating the respective contract by the sole merit of the respective communication. Being the so-called express termination clause a figure that should not generate further discussion, the latter arises in relation to the content of the agreement and the manner of exercising the respective elective right. It is therefore appropriate to consider what the legislator intended within the framework of private autonomy, since the freedom of configuration must be exercised in correspondence with the rationality of the respective figure to be applied and the imperative rules, which is an insurmountable limit. The topic acquires singular relevance because the registry regulations allow a resolution derived from the exercise of the express resolutory agreement to be registered at the request of the interested party, of the creditor, specifically of the person who transferred the ownership of a real estate property through the registry, who reacquired such ownership, with an effectiveness that is not limited inter parties, but erga omnes.Ítem Solo Metadatos Desarrollo sostenible en las empresas del Perú: ¿voluntario u obligatorio?(Universidad ESAN, 2023-12-31) Ruiz Vásquez, Úrsula PatriciaThe objective of this article is to determine whether compliance with the concept of sustainable development, by companies in Peru, is voluntary or mandatory, based on a detailed review of literature related to corporate social responsibility, sustainability reports or reports, companies. with B certification and BIC society; as well as the analysis of various rulings of the Constitutional Court about some of these concepts and our social market economy regime. Based on the results of the aforementioned analysis, it will be possible to determine that Peruvian companies, in addition to generating economic profitability, need to incorporate social and environmental components into their management, through absolutely measurable, verifiable and sustainable actions that contribute to present and future generations of the country can enjoy a dignified life.Ítem Solo Metadatos Una peculiar visión del derecho. ¿y si por unos minutos nos apartamos de Kant y nos aproximamos a Nietzsche?(Universidad ESAN, 2023-12-31) Da Giau Roose, PieroThis work presents reflections on the connection between law and sociology, ethics, morality, religion, literature and philosophy; and links legal concepts— assumed a priori—in their non-philosophical meaning. Raising questions de rived from other branches of human knowledge will allow us to assume and understand the multidisciplinary nature of law, starting from legal situations contrasted with the eminently sociological field. Likewise, we will reflect on religious, moral and ethical issues, in the light of philosophy that questions everything —especially a Nietzschean vision— and from the perspective of literature, which addresses everything.Ítem Solo Metadatos Las garantías preferidas en la regulación bancaria(Universidad ESAN, 2023-12-31) Raygada Castillo, Miguel AngelThe preferred guarantees are one of the most important tools that Peruvian banking regulation must mitigate credit risk and strengthen the soundness of financial system institutions, reducing the probability of bankruptcies and f inancial crises. Its main function, in addition to supporting credits, is to mo tivate these entities to require their clients to provide this type of guarantee. This allows them to expand individual legal financing limits, while reducing the provisions needed in case borrowers see their credit rating diminished. This article dives into the underlying logic of preferred collateral regulation, exploring this concept in detail in the financial and legal spheres.Ítem Solo Metadatos Agotamiento del derecho de marca, importaciones paralelas y comercio internacional(Universidad ESAN, 2023-12-31) Benites Arrieta, GabrielThe principle of exhaustion of rights is one of the most discussed matters in intellectual property law, forming part of a debate that has not culminated in a global agreement. However, its application is present in all countries and the evaluation of its scope has deserved the attention of the doctrine and the courts of justice of the world. This work focuses on the field of trademarks and tries to show a gene ral perspective on the exhaustion of the right in its presence in international trade, through parallel imports. Likewise, it includes some of the economic reasons that support the existence or restriction of parallel imports, as well as an analysis of their regulation in international trade law.Ítem Solo Metadatos Análisis jurisprudencial de la introducción del derecho penal del enemigo en delitos económicos(Universidad ESAN, 2023-12-31) Ahomed, OmarThe objective of this research is to identify how Peruvian courts of justice use elements of the enemy's criminal law to resolve economic crimes. Consequently, the conclusions of this article will demonstrate how the classic principles of the citizen's criminal law, such as minimal intervention, harmfulness, and the presumption of innocence, are limited in economic crimes through the criminal law of the enemy. The article has social significance because it addresses the justice request ed by economic agents, users and consumers to achieve the basic conditions of citizen security in which they can develop their economic activities.Ítem Solo Metadatos Análisis de la norma IX del código tributario. Integración jurídica(Universidad ESAN, 2023-12-31) Chávez Gonzales, Ángel MarcoBecause of autonomy of tax law Rule IX of the Tax Code introduces legal integration, that works in the field that is not protected by principle of legality and preference of law, through the procedures of analogy and legal principles in cases of legal loophole other than legal vacuum, analyzing Standard IX in its components assumption “In matters not provided for by this Code or in other tax regulations” and consequence “rules other than tax regulations may be applied as long as they do not oppose and distort them. Additionally, the Principles of Tax Law will be applied, or failing that, the Principles of Administrative Law and the General Principles of Law”.Ítem Solo Metadatos El representante aduanero(Universidad ESAN, 2023-12-31) La Noire Núñez, José AntonioThis article develops concepts regarding the change in the regulations established in Peru on the certification, accreditation and authorization process of the customs representative, as well as the requirements that the customs agent must meet customs to be authorized as an economic operator to register his representative. Likewise, the author reflects on the existing legal basis, thinking about the doubts and questions that international business students and future applicants for the customs representative program may have about both figures of Peruvian foreign trade, since it must be clear that the Customs agent is the operator authorized by the Customs Administration, while the customs representative is the person accredited by the Administration for the purpose of representing one or more operators, depending on the exclusivity of the provision of their services.
