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 Herrada Bazán, Víctor. La exclusión de socios en la Ley General de Sociedades. Lima: Gaceta Jurídica, 2017(Universidad ESAN, 2019-12-01) Cabrera Céspedes, Armando MiguelIn the 21st century, the growth of various industries and economic sectors has generated that the companies try to adapt to the demands of the of the market. Within the legal scope, such adaptation is not alien, as it establishes a direct relationship with the corporate form adopted by the companies in reality, being that a certain company will be constituted (anonymous, limited, closed, etc.) according to the functionality and treatment legal basis for its creation. With this, a diversity arises of problems and issues that deserve special attention. Within the contemplated by the General Companies Law (hereinafter, LGS), it is presented the corporate figure of the exclusion of partners, a subject that has not been studied in depth in our national legislation.Ítem Solo Metadatos 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.Ítem Solo Metadatos 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.Ítem Solo Metadatos 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.Ítem Solo Metadatos ¿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.Ítem Solo Metadatos 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.Ítem Solo Metadatos 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.Ítem Solo Metadatos 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.Ítem Solo Metadatos 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.Ítem Solo Metadatos 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.Ítem Solo Metadatos 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.Ítem Solo Metadatos 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.Ítem Solo Metadatos Sustitución de empleador(Universidad ESAN, 2020-12-01) Puntriano Rosas, César AlfredoThe purchase of companies, mergers, spin-offs, reorganizations in general, constitute extremely complex operations that impact, of course, the underlying corporate relationships to the companies that are subject to them. There is also a natural effect on the taxation of corporations and people involved. However, a fundamental edge is the effect of said operations on the working relationships of personnel employed by the participating companies. In this article we analyze the aforementioned effect and the existence of responses by our legal system.Ítem Solo Metadatos Editorial(Universidad ESAN, 2020-12-01) Camacho Zegarra, María AugustaI am pleased to present the second edition of Giuristi, which brings together a selection of interesting and topical articles focusing on of corporate law and good governance. They are the product of exhaustive research by renowned corporate law professors, as well as outstanding foreign jurists, who have achieved together a combination to have launched the first one - and that promises to be present in two versions annual-, has been that of having overcome a state of emergency derived of the pandemic that has worn out many initiatives; in our case, without However, it turned out to be more of an opportunity to devote great care and Above all, I strive to achieve this goal and to contribute from the Academy to the construction of a more humane and just society through resources that as well as the publications, show the reflection of the authors in this field.Ítem Solo Metadatos Good governance and transparency(Universidad ESAN, 2020-12-01) Vilone, LauraThe notion of “good governance” implies the special place given to the State. Such a model is defined by the effectiveness of certain guarantees such as the independence of the judiciary, the correct and fair management of expenditure but also administrative transparency. Indeed, the latter depends on the sincerity of those involved in public action, on the one hand, and the constant dialogue between the public authorities and the public, on the other hand. The purpose of this intervention is to demonstrate that the realisation of the model of “good governance” is based, above all, on the existence of an administration that fully understands the requirements of administrative transparency. The two pillars of “good governance” would thus be the foundations of the principle of transparency: communication with citizens and their participation in the process of the decision-making process.Ítem Solo Metadatos Necesidad de equilibrio entre protección de la inversión extranjera y protección de la salud pública: a propósito de la pandemia de la Covid-19(Universidad ESAN, 2020-12-01) Carbajal Valenzuela, Christian; Engers, Luiza AdenaInternational Investment Law, and Investment Arbitration in particular, are at a stage of change and challenge, which will be accelerated as a result of disputes that will arise as a result of the COVID-19 pandemic. In recent years, both, Investment Treaties and investment arbitral awards, have undergone changes of various kinds, most of them in terms of achieving a greater balance between the protection of investments and the protection of the regulatory powers of States, in accordance with the theory of proportionality. Important arbitral awards have recently been issued, which have had as its central theme the protection of public health. COVID-19 cases will further drive these changes. This article aims to provide some elements of analysis that may allow investors and Host States to know what can be expected in terms of investment arbitration and public health, in extraordinary times of international health crisis.Ítem Solo Metadatos La informalidad: propuesta de modificación del impuesto general a las ventas y del impuesto a la renta para las MYPEs(Universidad ESAN, 2020-12-01) Chávez Gonzales, Ángel MarcoThe mandatory social isolation by COVID-19 has impacted the growth of the economy, revealing the high rate of informality, which has hindered the State from exercising efficient control to apply sanitary measures and grant benefits. Informality is more intense in the activities of the SMEs. One of the causes is the effect that taxes have on their decisions, such as the Business Income Tax and the General Sales Tax, therefore we propose to modify the General Sales Tax and Income Tax SMEs regarding its tax incidence in order to attract the informal and informal activities to formality.Ítem Solo Metadatos González Palacios, Carlos (comp.). Reflexiones sobre la democracia y el Estado de derecho en el mundo contemporáneo. Lima: ESAN, 2020(Universidad ESAN, 2020-12-01) Calero Ponce, María VictoriaThis work is an important compilation effort - and in most cases, translation work - made up of eleven research papers by legal experts German, French, and Peruvian on legal issues related to the notions of democracy and the rule of law. Each contribution, which takes the form of an academic reflection of approximately ten pages, yields account of a reality from the specialty of each author in matters as different, but complementary, as the fight against corruption, the public administration in its relationship with the citizen or, more The contributions of the Lüth jurisprudence of the Peruvian Constitutional Court, which expresses that the Constitution of values acquires its legitimacy not because it is based exclusively on the will of the people, but on the universal of human dignity. All this makes this publication, probably, one of the most recent theoretical values for the theory of law public, so its reading is recommended to researchers and students.Ítem Solo Metadatos El bienestar social y el buen vivir: los olvidados en la toma de decisiones en materia económica(Universidad ESAN, 2020-12-01) Koubi, GenevièveThe “buen vivir” designates a paradigm inherent to the social field which seeks to focus on human values such as solidarity and the model of sustainable development. In this sense, it differs from "living better" — an individualistic interpretation of life—, far from respecting the natural environment and which deifies the economic activity. Thus, this contribution aims to introduce a conceptual framework regarding «good living» to understand that the operational function of social welfare cannot be addressed in a unidimensional way, just considering the economy, but also environmental variables, such as public health, quality of life, social integration, access to social rights, among others. All this has an impact on the identification of indicators that also measure these variables, intending to allow all the people to be drivers in social, political, and economic development in a sustainable manner.Ítem Solo Metadatos Necessidade de equilíbrio entre proteção dos investimentos estrangeiros e proteção da saúde pública(Universidad ESAN, 2020-12-01) Carbajal Valenzuela, Christian; Engers, Luiza AdenaInternational Investment Law, and Investment Arbitration in particular, are at a stage of change and challenge, which will be accelerated as a result of disputes that will arise as a result of the COVID-19 pandemic. In recent years, both, Investment Treaties and investment arbitral awards, have undergone changes of various kinds, most of them in terms of achieving a greater balance between the protection of investments and the protection of the regulatory powers of States, in accordance with the theory of proportionality. Important arbitral awards have recently been issued, which have had as its central theme the protection of public health. COVID-19 cases will further drive these changes. This article aims to provide some elements of analysis that may allow investors and Host States to know what can be expected in terms of investment arbitration and public health, in extraordinary times of international health crisis.
