Giuristi Vol. 3 Nº 6 (2022)
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Item Metadata only Las medidas sanitarias y fitosanitarias en el Perú: marco teórico y legal(Universidad ESAN, 2022-12-19) Zúñiga Schroder, HumbertoThe increasing demand for food products whose consumption does not generate unfavourable effects on peoples’ health has led to a considerable growth in the number of sanitary and phytosanitary measures developed — and used— worldwide. However, this growth has not been accompanied, in many cases, by a general understanding of the role played by such measures in our economy, nor the legal framework within which these are framed. The present paper is focused on explaining the theoretical and legal framework related to the so-called sanitary and phytosanitary measures, as well as the advantages and potential impacts derived from their use.Item Metadata only El bien jurídico en el delito de colusión(Universidad ESAN, 2022-12-19) Pariona Arana, RaúlThe determination of the legal interest in the crime of collusion is relevant for the legitimate application of criminal law. The validity of the principle of protection of legal assets is relevant in the field of crimes against the public administration, where simple administrative infractions are often sanctioned such as crimes. Therefore, in the case of the collusion, the punishment is based on reasons that go beyond the mere breach of duties or the presence of administrative irregularities. Legitimacy is based here on the harmfulness of the collusion act.Item Metadata only El mejoramiento de los servicios logísticos y la facilitación del comercio exterior al amparo del Decreto Legislativo 1492(Universidad ESAN, 2022-12-19) La Noire Núñez, José AntonioThe author through this article intend to share with the reader their comments regarding the regulations established in Peru for the improvement of logistics services and the facilitation of foreign trade published in Legislative Decree 1492 and its Regulations, Supreme Decree 001-2021-Mincetur and in what corresponds to articles 9 and 10 of Law 28977. Similarly, the article seeks to analyze the reflections, doubts and questions of the sector about what it brings new and what are the implications, sanctions and obligations of the new regulatory framework for the digitalization of processes in charge of public and private entities, in the framework of the health emergency by covid-19.Item Metadata only Análisis jurisprudencial de la mano invisible de Adam Smith en la economía social de mercado peruana(Universidad ESAN, 2022-12-19) Ahomed Chávez, Omar AbrahamThe present scientific work seeks to analyze through cases law the scope of the invisible hand within the social market economy. The specific topic of the investigation is about the balance that could exist between state intervention and free enterprise. To do this, we will develop as a theoretical framework on free trade and state interventionism and the principle of proportionality; in the conceptual framework, we will address the invisible hand and the Peruvian constitutional norms that regulate state intervention in the market economy. Then we will study the cases law of the Constitutional Court of Peru where there was a conflict between state planning and market freedom and the invisible hand of Adam Smith.Item Metadata only Fuentes del derecho tributario(Universidad ESAN, 2022-12-19) Chávez Gonzales, Ángel MarcoSources of tax law produce introductory vehicles of regulations (Constitution, Treaties, Law, etc.) through a procedure, whose contents introduce articles, paragraphs, subsections, etc. to the legal system as introduced rules. This article begins with the question: What are the sources of law? and What are they for?, to then deal with the relationship between the general system of sources of law and the sources of tax law, next we address the classification of sources of tax law in the Tax Code in self-generating sources of tax regulations and clarifying sources of tax regulations, and finally the case of tax stability agreements is analyzed.Item Metadata only ¿Es posible celebrar contratos de créditos hipotecarios digitales en el Perú?(Universidad ESAN, 2022-12-19) Raygada Castillo, Miguel ÁngelThere is the technology and the demand for the conclusion of digital mortgage loans in Peru; however, there are some legal and institutional limitations that prevent its granting entirely online, such as: excessive protection of the debtor in the Peruvian regulation, the lack of a secondary originator of mortgages, the lack of regulation for the execution of digital public deeds, and the need for precision in the Securities Law and in the Civil Procedure Code.
