Giuristi Vol. 2 Nº 3 (2021)
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Item Metadata only Análisis jurisprudencial del Bitcóin(Universidad ESAN, 2021-06-01) Chávez, Omar AhomedThe general objective of the research is to analyze through comparative jurisprudence, the state’s position regarding the treatment and regulation of operations carried out using the digital currency of bitcoin; having as specific objectives to identify the public policy and the philosophical framework appropriate to this cryptographic currency.Item Metadata only Problemas que plantea la descentralización productiva: los contratos para obra o servicio específico y la causa objetiva de contratación(Universidad ESAN, 2021-06-01) Jiménez Silva, CarlosThrough this research work, it is intended to show that the institution of productive decentralization of the company is often used as an objective cause of hiring for a specific work or specific service, thereby making the employment relationship of the workers precariously, for which a normative precision is necessaryItem Metadata only Límites a la docencia en los servidores y funcionarios públicos(Universidad ESAN, 2021-06-01) Hurtado Magán, GiovanaThe Political Constitution of Peru establishes that public servants in general cannot receive double remuneration or income from the State; furthermore, with respect to certain officials, it points out the incompatibility of the exercise of other public or private activities, empowering only the exercise of the teaching function. The hiring of civil servants as teachers in Public Administration institutions is frequently carried out through the mechanisms that the State Contracting Law empowers; however, this norm indicates various incompatibilities to be a participant, bidder or contractor in the selection processes. Through a hermeneutical analysis methodology, we are going to analyze the norms that establish limitations and empower the teaching practice of public servants in general, as well as judges, prosecutors, congressmen, members of the National Board of Justice and the National Jury. of Elections.Item Metadata only Fraude a los acreedores: la acción pauliana o revocatoria y la acción oblicua o subrogatoria(Universidad ESAN, 2021-06-01) Franciskovic Ingunza, BeatrizBy means of this comment, the legal figure, misnamed, by our civil legal system, as the fraud of the legal act it´s analyzed, since obviously there is no fraud or deception of the legal act itself, but what really happens, it is a direct deception, cunning or malicious act on the part of the debtor directed directly at the creditor. Fraud to creditors occurs as long as there is a mandatory link between two subjects. It consists of the improper conduct or behavior of the debtor towards his creditor, who in order not to comply with his credit diminishes his assets either onerously or gratuitously and, or omits to collect a debt he has with another debtor in another mandatory legal relationship. Faced with this situation, the legal system grants, among other actions to the creditor: The Paulian or revocation action and the oblique or sub-rogatory action.Item Metadata only Las marcas y los elementos de la personalidad: aspectos relevantes para la protección de la identidad y el prestigio de personas naturales(Universidad ESAN, 2021-06-01) Benites Arrieta, GabrielMany distinctive signs of products and services offered in the market are made up of terms that reproduce elements of identification of natural persons. In some cases, it is noted that the purchase decision is determined by the message that is assumed with the identification of the person. This study aims to develop the legally relevant aspects from the standpoint of trademark law that allow for settling possible conflicts based on a sign made up of an element associated with the identity or prestige of a third party.Item Metadata only La responsabilidad del empleador por accidentes de trabajo y enfermedades ocupacionales: retrospectiva y futuro(Universidad ESAN, 2021-06-01) Puntriano Rosas, CésarThe recent trend in labor jurisprudence passes liability to the employer in the event of an accident at work or occupational disease. This violates the theory of contractual civil liability, applicable to the employment relationship, which requires fraud, gross negligence or at least slight negligence for the generation of the employer’s duty to compensate the employee. In this paper we legally analyze how employer responsibility has evolved and critically approach the current criteria, formulating some proposals for future change.Item Metadata only El derecho digital y de las nuevas tecnologías: su importancia en el gobierno y en la empresa(Universidad ESAN, 2021-06-01) Núñez Ponce, JulioDigital Law and New Technologies has incidence and importance in the automated and global society, where the technological rhythm allows everyone in the world to use the new information and communication technologies. We proceed to the analysis of the different areas of application between Law and Technology: people, legal act, internet marriage, conciliation by electronic means, law of digital signatures and certificates, promotion of broadband, computer crimes. Likewise, the Digital Government Law and the Digital Government Law and the Digital transformation of the Judiciary are analyzed. The Digital Approach and Corporate Law section deals with the protection of personal data, teleworking, the tax impact of digital service and consumer protection in Electronic Commerce. The conclusions highlight the importance and significance of the discipline.
