Giuristi: Revista de Derecho Corporativo
URI permanente para esta comunidadhttps://hdl.handle.net/20.500.12640/4080
Es una publicación semestral de carácter científico, editada por la Facultad de Derecho y Ciencias Sociales de la Universidad ESAN. Su misión es contribuir al conocimiento jurídico mediante la publicación de trabajos de investigación académica originales y especializados en Derecho Corporativo y temas jurídicos afines, con relevancia tanto nacional como internacional. Su visión es llegar a ser una fuente de referencia clave en Derecho Corporativo a nivel regional y global. Está dirigida a abogados e investigadores interesados en profundizar en el estudio del Derecho Corporativo.
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Ítem Solo Metadatos Aportes para una estrategia de protección al consumidor a adquirentes de viviendas(Universidad ESAN, 2024-06-29) Urbano Jiménez, Elva Milagros; Arista, MiguelThe present research examines the problems consumers face when purcha sing homes in Lima Metropolitan Area, including breaches by real estate companies. Key institutions such as Indecopi and the Ministry of Housing, Construction and Sanitation were consulted, and interviews were conducted with senior officials and private representatives. The proposed strategy includes the dissemination of preventive data on the housing market, the relaunch of the service 'Mira a quién le compras,' and the creation of an advisory commission to study the sector's issues and propose additional measures. The objective is to reduce the incidence of these problems.Ítem Solo Metadatos La concesión de los ferrocarriles en el Perú en el periodo 1826-1879(Universidad ESAN, 2024-06-29) Retamozo Linares, AlbertoIn 19th century, the construction of railroads in Peru was associated with pro gress and general welfare, driven by the exploitation of guano and the parti cipation of the private sector through concessions. However, this process was marked by disorderly spending, lack of planning and control, and unlawful conduct. When Manuel Pardo assumed the presidency in 1872, he found that the railroad policy had been a failure, leaving the Treasury without resources. In spite of this, subsequent governments continued with this policy, enacting laws, carrying out studies and granting concessions to contractors such as Enrique Meiggs. The way in which the concessions were handled, the benefits for the proponents and the corrupt behavior led to the failure of the railroad project and the national decline. In short, the idea of progress through the railroads was frustrated by the lack of planning, financial disorder and co rruption in the railroad construction process.Ítem Solo Metadatos La gobernanza ambiental en el Perú. Aspectos fundamentales para la gestión del agua(Universidad ESAN, 2024-06-29) Tassano Velaochaga, HebertThis research aims to conceptualize governance as part of a crucial institu tional transformation process to address environmental challenges. In this context, a specific focus on water management and its relationship with in tegrated water resources management is highlighted. Furthermore, the need for water resources administration, led by the National Water Authority, to evolve towards an inclusive approach that strengthens institutions and, con sequently, environmental governance is emphasized. Finally, it is concluded that strengthening institutions is fundamental to improving governance, with a special emphasis on new water management regulations.Ítem Solo Metadatos La constitucionalización del principio de confidencialidad y su regulación en el derecho administrativo peruano(Universidad ESAN, 2024-06-29) Ríos Rengifo, Alex JuniorThe present article addresses the issue in Peru regarding the excessive use of the right to access public information and the prejudice associated with confidentiality, which is often linked to corruption in public administration. Subsequently, a study on confidentiality is conducted from its broadest definition, and it is determined how it is regulated in the Peruvian legal system, with a constitutional and administrative approach. Finally, the importance of confidentiality in public administration is highlighted, as well as the need for it to be regulated as a principle in the Peruvian legal system.Ítem Solo Metadatos Enredo regulatorio: una mirada al reglamento de retiro de cableado aéreo desde el enfoque de calidad regulatoria(Universidad ESAN, 2024-06-29) Montes Tapia, KarinaThe abundant presence of overhead wires entangled in poles in Lima, many of them in a state of deterioration and some abandoned for no apparent purpose, generate both aesthetic and public safety concerns. The recent Regulation of Law 31595, approved on March 12, 2024, seeks to address this problem by establishing the necessary regulations for their removal. This regulation was submitted to the rigorous process of regulatory impact analysis, so it is expected to be a good regulatory design, with a clear strategy to ensure its effectiveness in solving this visible problem. In this article we will review compliance with the regulatory quality process in accordance with the current legal framework, as well as the results derived from its application.Ítem Solo Metadatos El acceso a créditos por parte de familias de comunidades campesinas y nativas en el Perú(Universidad ESAN, 2024-06-29) Panduro Chafloque, Fiorela del RocíoAccess to credit could be one of the main challenges for families residing in Andean and Amazonian regions, due to the lack of documentation suppor ting their economic or commercial activities. In this regard, the study of an economic dynamic that could be positively viewed by the financial and ban king system is proposed. This, in turn, would encourage an improvement in the living conditions of the country's rural and indigenous populations if the land titling process, which previously belonged to the communities to which they belonged, is amplified. The analysis of a complex social, cultural, legal, and economic condition allows detailing positive elements that impact the national economy tangibly.Ítem Solo Metadatos La tutela de los derechos de personas de cuarta edad en función a su vulnerabilidad(Universidad ESAN, 2024-06-29) Bermúdez Tapia, ManuelThe study of the elderly population in the economic, legal, and socio-familial realms reveals certain characteristics and conditions that are not apparent in the design of public policies and commercial participation criteria of providers of goods and services in a consumer society. A distinction that allows for a subdivision within this population group is based on the particular characteristics acquired by those over eighty. This results in two autonomous categories that transform the traditional approach to evaluating the rights of these individuals.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 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 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.
