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 La constitucionalización de la formación política y su vinculación con el derecho a la educación(Universidad ESAN, 2024-12-31) Ríos Rengifo, Alex JuniorPolitical education is closely related to the right to education, a fundamental right recognized internationally, which must be understood from a broad perspective to avoid any type of limitation or discrimination. Therefore, it is essential to promote its dissemination in academic and legal fields. The constant transformations that our society has undergone have encouraged the analysis of educational evolution and the inclusion of new knowledge, such as politics, in educational centers. However, prejudices persist regarding its teaching, which makes its express recognition in the legal system difficult, despite the universal approach to education. For this reason, the main objective of this study is to establish legal foundations that support its recognition in the Constitution and highlight its connection with the right to education.Ítem Solo Metadatos La nueva prueba en el recurso de reconsideración: reflexiones desde la autotutela administrativa(Universidad ESAN, 2024-12-31) Méndez Vásquez, Diego EnriqueThe purpose of this paper is to clarify, based on the nature of the nullity processes in administrative appeals, the apparent conflict that arises when interpreting the effects of the new evidence in reconsideration appeals. To do so, two key issues are addressed: the object of administrative appeals and the evidentiary activity in administrative proceedings. The analysis of these issues allows us to reach an adequate and systematic interpretation that defines the scope of the new evidence.Ítem Solo Metadatos Arbitraje de inversiones versus arbitraje Uncitral: un análisis desde la perspectiva procesal(Universidad ESAN, 2024-12-31) Aliste Santos, Tomás J.For more than sixty years, international investment law has become an extraordinary way to generate legal certainty in the economic development of an increasingly global world. In this sense, investment treaties have contributed through the incorporation of ISDS clauses to offer a framework for the resolution of investment disputes between international business corporations and the various States, which offers guarantees of neutrality and procedural security in the management of the conflict. In this article, we offer a critical analysis of investment arbitration. Based on the comparative analysis, we appreciate notable differences between UNCITRAL arbitration and investment arbitration, pointing out some problems of the current investment arbitration model.Ítem Solo Metadatos Criminal compliance, responsabilidad social empresarial y buen gobierno corporativo(Universidad ESAN, 2024-12-31) Armendariz Ochoa, Luis FernandoCriminal compliance is an effective and suitable mechanism to prevent and detect legal violations in companies, since they are independent subjects of imputation, different from the persons who make them up. The study is based on the theoretical foundations of this legal figure and the regulatory framework stipulated in the law that regulates the administrative responsibility of legal persons (Law 30424), its regulations and the guidelines of the Superintendency of the Securities Market of Peru. Likewise, its conceptualization, function and practical utility are explored. It is concluded that a regulatory compliance program should not only be assessed in terms of its functions to exempt or mitigate the penalty of a company, but also for its economic utility due to the security perceived by a company that has a program that manages business risks and handles optimal prevention, identification and sanction mechanisms.Ítem Solo Metadatos El public compliance en el Perú. Estado de la cuestión y desafíos hacia la construcción de una agencia Anticorrupción(Universidad ESAN, 2024-12-31) Pereyra Villar, TaniaThis research examines the anti-bribery agencies of Italy, Spain and Peru. The study covers two key international regulatory frameworks in the fight against bribery: the Inter-American Convention and the United Nations Convention. As a main contribution, a centralized and specialized body to combat this crime is proposed, based on a mixed model. This approach seeks to integrate international best practices, adapting them to the realities of each country. Likewise, a critical assessment is made of the continuous implementation of public compliance in Peruvian legislation, evaluating its progress in various institutions of public administration. These aspects are contrasted with the proposed model, highlighting its importance in the current context.Ítem Solo Metadatos Third parties compliance medidas de asepsia para prevenir delitos en la gestión de la cadena de suministro(Universidad ESAN, 2024-12-31) Mendoza Vaez, PaulThis study analyses the inter-company relationships generated in the supply chain and underlines that the purpose of a company must transcend the merely economic to ensure its sustainability, corporate social responsibility and the satisfaction of both its stakeholders and shareholders. In addition, it details the crime prevention measures that a company must implement to avoid being affected by a defective organisation derived from its business partners. In this sense, the due diligence procedure constitutes a key process. Keywords: compliance, corporate social responsibility, third parties, due diligence.Ítem Solo Metadatos ¿Un encargado de prevención puede tener responsabilidad penal?(Universidad ESAN, 2024-12-31) Palao Vizcardo, ErickThis paper seeks to analyse how the highest administrative body of a legal entity assigns functions to the prevention officer to manage the risks that may generate criminal liability for said organisation. It also examines how the prevention officer can assume a guarantor position if he is delegated powers that allow him to make decisions with autonomy and independence. In such a case, he could have criminal liability, either as author or participant, in the degree of complicity, for his own acts or for third parties linked to the legal entity.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 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 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.
