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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Mostrando 1 - 20 de 71

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Abuso de poder económico, acaparamiento y especulación
(Universidad ESAN, 2021-12-11) Stucchi, Pierino; Ballon Estacio, Fernando
This article addresses the recent legislative developments on the crimes of abuse of economic power, hoarding and speculation in the Peruvian jurisdiction, as well as the inconvenience that its validity represents for the proper development of free competition policies. It is concluded that, contrary to what is recommended by international standards, the requirements of regulatory quality have not been met in the context of a pandemic.
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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 Rocío
Access 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.
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Actividad empresarial y rol promotor del estado en la constitución peruana de 1993
(Universidad ESAN, 2022-06-24) Gasco Valer, María del Carmen
This article proposes a constitutional approach of the role of Government in Economy, and the principle of subsidiarity in the 1993 Peruvian Constitution. The proposal discusses the generally accepted notion of promotion in Public Law, as a reference to establish when Government can develop business activity within the framework of the 1993 Constitution. The discussion adopts the point of view of the Public Law to analyze the principle of subsidiarity of Government when it comes to developing business.
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Agotamiento del derecho de marca, importaciones paralelas y comercio internacional
(Universidad ESAN, 2023-12-31) Benites Arrieta, Gabriel
The 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.
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Análisis de la norma IX del código tributario. Integración jurídica
(Universidad ESAN, 2023-12-31) Chávez Gonzales, Ángel Marco
Because 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”.
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Análisis jurisprudencial de la economía del bienestar en la constitución económica material peruana
(Universidad ESAN, 2020-06-27) Ahomed Chávez, Omar Abraham
This 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.
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Análisis jurisprudencial de la introducción del derecho penal del enemigo en delitos económicos
(Universidad ESAN, 2023-12-31) Ahomed, Omar
The 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.
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Análisis jurisprudencial de la mano invisible de Adam Smith en la economía social de mercado peruana
(Universidad ESAN, 2022-12-19) Ahomed Chávez, Omar Abraham
The 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.
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Análisis jurisprudencial del Bitcóin
(Universidad ESAN, 2021-06-01) Chávez, Omar Ahomed
The 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.
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Aportes para una estrategia de protección al consumidor a adquirentes de viviendas
(Universidad ESAN, 2024-06-29) Urbano Jiménez, Elva Milagros; Arista, Miguel
The 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.
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Una aproximación al acto cambiario desde la teoría del negocio jurídico
(Universidad ESAN, 2020-06-27) Da Giau Roose, Piero
The 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.
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El bien jurídico en el delito de colusión
(Universidad ESAN, 2022-12-19) Pariona Arana, Raúl
The 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.
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Le bien-etre social et le bien-vivre: les impenses de la prise de decision en matiere economique
(Universidad ESAN, 2020-12-01) Koubi, Geneviève
The “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.
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El bienestar social y el buen vivir: los olvidados en la toma de decisiones en materia económica
(Universidad ESAN, 2020-12-01) Koubi, Geneviève
The “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.
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La bonne gouvernance des finances publiques et le developpment economique
(Universidad ESAN, 2020-12-01) Tirard, Manuel
The concept of good governance of public finances emerged in the 1990s within the discourse of international organizations to promote issues well known today, such as the performance of public spending, the transparency of the public budget, etc. After the 2008 crisis, this concept has evolved towards the obligation to respect the budget balance. In any case, the national reception of the international prescriptions in the matter of good governance of public finances must be verified, thus showing the difficulties involved in wanting to apply the same legal rules everywhere. The example of the varied reception of the golden rule of public finances by the laws of European states confirms this.
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La buena gobernanza de las finanzas públicas y el desarrollo económico
(Universidad ESAN, 2020-12-01) Tirard, Manuel
The concept of good governance of public finances emerged in the 1990s within the discourse of international organizations to promote issues well known today, such as the performance of public spending, the transparency of the public budget, etc. After the 2008 crisis, this concept has evolved towards the obligation to respect the budget balance. In any case, the national reception of the international prescriptions in the matter of good governance of public finances must be verified, thus showing the difficulties involved in wanting to apply the same legal rules everywhere. The example of the varied reception of the golden rule of public finances by the laws of European states confirms this.
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Camacho Zegarra, María, Fiedler, Denise y González-Palacios, Carlos (coords.). Seguridad y libertad
(Universidad ESAN, 2020-06-27) González -Palacios, Carlos Alberto
Published 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.
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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, Álvaro
The 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.
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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 José
Due 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.
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La concesión de los ferrocarriles en el Perú en el periodo 1826-1879
(Universidad ESAN, 2024-06-29) Retamozo Linares, Alberto
In 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.