Search

This paper deals with the study of the liability of the owner of the ship in the Peruvian Law. Traditionally, the rules of "Libro" III of the Peruvian Commercial Code have generated some uncertainty about their scope on this matter. This paper proposes an interpretation of the Commercial Code rules that allows to understand them in a coherent way, especially with the context in which they were passed. The many aspects around the liability of the owner of the ship exceed the field of mere civil liability and nowadays the obligations that the owner of the ship assumes under the public regulation constitute a very important aspect for the modern shipping company. For these reasons, the author also proposes a general approach to the "administrative liability" of the owner of the ship considering the most relevant rules of the Peruvian domestic Law and the main international treaties. [ABSTRACT FROM AUTHOR]

The paper approaches the media judgment from a new angle, from the dissemination of illegally obtained interceptions, accounting for the movements in favor of the criminalization of these behaviors, the weighting in the judicialization process, and the value acquired by the public interest as a concept / principle and parameter that allows managing the conflict between the secrecy of communications and information releases [ABSTRACT FROM AUTHOR]

This research carried out the analysis and evaluation of the incidence of the normative application of transfer prices in the Income Tax for related companies that provide postal services, a sample of 92 companies that provide postal services located in Metropolitan Lima has been carried out., using as data collection instruments surveys directed at managers, administrators and accountants; It was found that they indicated that the accounting information reflected in the Financial Statements does not issue their internal information based on the current transfer pricing regulations, so the corresponding adjustments will have to be made through working papers for the affidavit and therefore both there will be an adjustment in the Income Tax; Therefore, the results obtained determined that if the price agreed between the related parties does not adjust to those of the free market, then it will not obtain a real tax base of the Income Tax; It has been concluded that any commercial transaction that avoids complying with the transfer price regulations (Arm's Length principle) with related companies, and they have not made the corresponding adjustments at the end of the year by modifying the corresponding Tax, then SUNAT will make the adjustments respective and apply the corresponding sanctions; It is always recommended to be analyzing the market values under the arms legth principle and to find discrepancies with this, make the corresponding adjustments before filing the Income Tax Affidavit. [ABSTRACT FROM AUTHOR]

The present paper is intended to make known the regulation of the expiration in the General Fishing Law, Decree Law No. 25977, and its Regulations, approved by Supreme Decree No. 012-2001-PE, and in which cases it is necessary to declare it, specifically with regard to the fishing permit and the operating license of processing plants. In effect, the way in which the expiration is regulated and the reasons for which the Administration proceeds to declare it, as well as its nature, is set forth. [ABSTRACT FROM AUTHOR]

In this paper we analyze the difference between instantaneous and permanent administrative infractions, in light of article 252 of the Single Orderly Text of Law N° 27444, Law of General Administrative Procedure, approved by Supreme Decree N° 004-2019-JUS and the most approved doctrine; to then evaluate whether the infringement stipulated in the current numeral 66) of article 134 of the Regulations of the General Fishing Law, approved by Supreme Decree N° 012-2001-PE, amended by Supreme Decree N° 017-2017-PRODUCE, is an instantaneous infringement, as considered by the Sanctions Appeals Council of the Ministry of Production in Plenary Agreement N° 003-2017, by developing the legal nature of the same assumption of fact contained in the old infraction typified in numeral 101) of article 134 of the Regulations of the General Fishing Law, approved by Supreme Decree N° 012-2001-PE, modified by Supreme Decree N° 013-2009-PRODUCE, concluding that the Sanctions Appeals Council of the Ministry of Production is mistaken in considering the infraction in mention as instantaneous, because in fact is a permanent one. [ABSTRACT FROM AUTHOR]

This paper presents some considerations about the draft law on same-sex civil union, analyzed by the Congress of the Republic of Peru. Specifically, the impact of the beliefs of a significant number of Peruvian citizens in the delimitation of public and private ethics, due the influence of some pathologies in areas that can affect significantly fundamental rights. Instead, in this paper, are exposed some thoughts above the possibility that some religious beliefs can transcend the real of public ethics, when are used exclusively to promote fundamental rights and ensure human dignity. [ABSTRACT FROM AUTHOR]

In this paper, we offer a conceptual and statistical view of the application of the quantitative model in the preparation of the postgraduate thesis project. The proposed objective of the study was to determine the reasons for applying the quantitative model in the preparation of the same thesis project. Among the results obtained, the cognitivemethodological, motivational-attitudinal and educational-cultural reasons were determined in the participating units, the application of the quantitative model in the elaboration of the aforementioned thesis project in the Faculties of Law: 2010-2013. It is appreciated that it is the cognitive-methodological reason that determines, to a significant extent, in students and graduates, the application of such a model, because the former have studied subjects of Research Methodology and Thesis Seminar; while the latter have not only learned these subjects, but have also received tutorial training and, in several cases, statistical-judicial experience. As far as teachers are concerned, we see that, in both Higher Centers, it is the specific competences that favor the application of the quantitative model in the elaboration of the thesis project. In relation to the participating units, 41 students, 166 graduates and 09 San Marcos teachers were considered; and 112 students, 237 graduates and 12 Villarreal teachers. The lack of specialized sources of consultation, the search for field information, and a surgical intervention of the undersigned, were some difficulties of the work. [ABSTRACT FROM AUTHOR]

This paper deals with the model of constitutional control in Peru. The author comes to historical, conceptual and jurisprudential sources for, on the one hand, identify and understand the context that gives rise to its origin and secondly, to analyze its procedural operation in Peru, baring the deficiencies that presents. Hence it is claimed that the Peruvian judicial review is a "model even put together". Finally, it states that the exploration of judicial review serves to clarify some concepts that link it very closely with constitutional interpretation, in the light not only of what holds the current comparison doctrine but also its reception in the jurisprudence of the Peruvian Constitutional Court. [ABSTRACT FROM AUTHOR]

Lima has long been a city of Cusco and step towards Machu Picchu, you will not recognize enough attractions apart from the Historic Center of Lima, able to retain the international tourist few days in this city. This paper has tried to delve into the possibility of interest that has remained dormant for decades but the margin of involvement with the industry. The migrant when forced to live in Lima population saw as a social channel to the association of fellow countrymen which resulted in departmental, provincial and district emergency clubs. These clubs became an existential support but also in a «box» to preserve regional culture rural folk. These traditions could be a new product of recreational and cultural attractions that may have a claim. [ABSTRACT FROM AUTHOR]

This paper is based on the idea that the constitutional evolution of Peru designates a "process" in which happend gradually was consolidated an alteration in the structure of political and social relations that developed in our territory as a result of his inflection, or regulation based on constitutional texts or legal documents that served as such. [ABSTRACT FROM AUTHOR]

In this paper develops the fields of social market economy regarding the constitutional protection of the healthy and balanced environment. It also raises the challenges of public and private investment in relation to extractive industries located in Peru. [ABSTRACT FROM AUTHOR]

This paper builds on the amendment of Article 10 of the Normative of the Peruvian Constitutional Court to analyze a problem: the distinctions between the types of decisions handed down by the Constitutional Court (binding precedent, constitutional jurisprudence, interpretative rulings). It is held that this distinction undermines the status and role of Supreme Interpreter of the Constitution which currently holds the Constitutional Court. And it is argued that the type of decisions is inconsistent with that role. [ABSTRACT FROM AUTHOR]

This article discusses the process of involuntary population resettlement related to the relocation and rehabilitation of people, families, groups or communities displaced physically and / or socio-economic, who are located in strategic areas where a project of mining investment is required to be executed. Therefore, in the absence of a regulatory framework for this process in our national law, this paper develops international guidelines established by the World Bank and the Inter- American Development Bank (IDB, through the Operational Policy OP-710 and Operational Policy OP 4.12, respectively; which have been considered by mining companies in order to establish a framework for population resettlement, necessary for the execution of their projects. In this regard, according to a review of the provisions proposed by the Draft Law on promotion and facilitation of resettlement of populations in areas of influence of large mining projects; and those established by Law 29869, Law of population resettlement living in very high unmitigatable risk areas, it is determined that it is necessary to establish a regulatory framework in this regard and that any legislative proposal should have as its main objective the protection of individual rights and groups of the population affected by physical and/ or socio-economic displacement as well as generating positive impacts through sustainable development programs, so as to generate and promote the obtainment of a social license from the population where mining companies operate. [ABSTRACT FROM AUTHOR]

It varied the number of works dealing with this topic and generally confusion is caused by the number of systems and the arbitrary use of the names tliajt are identified, which has caused describing under the same name different systems or the same system various labels. Therefore in this paper we reduce the theme of the original domain to the next question: Who originally owned mineral deposits? Without pretend clarify the picture explaining each of the systems because it would lead to an investigation of historical character that is not our goal. [ABSTRACT FROM AUTHOR]

In this paper an account of the issues discussed at the full calendar quarter related to Eviction casatorio Precarious, their problematic situations and is pending problems. [ABSTRACT FROM AUTHOR]

In Peru, the first procedures of assisted human reproduction (AHR) were performed in 1989 by the PRANOR Group. Twenty-five years later, in 2014, the sequence of development of this technology is reviewed, identifying globally the top developmental milestones. In this paper, two periods of technological development of the RHA in Peru are set, the first between 1989 and 1998, and the second between 1999 and 2014; defining concepts, techniques and specific terminology for ease of understanding. [ABSTRACT FROM AUTHOR]

This research paper is presented as working premise to establish whether future Peruvian law on Assisted Human Reproduction Techniques (TERAS), should allow the figure of "Pregnancy Post Mortem", which is regulated in comparative law. Considering that today thanks to the advancement of TERAS is no longer necessary to conceive a child that parents have sex requirement. No obstacle of the above, it is pertinent to note that the proposed reform of our Civil Code has in its text with a chapter on the "Medically Assisted Reproduction affiliation by" which is a novelty in our legal system is a response the existence in our country Clinics lot of Assisted Human Reproduction, who currently operate without preestablished legal parameters. Why, after reviewing the doctrine and the criterion of comparative legislation on "Pregnancy Post Mortem" I fully agree with what is regulated by French law and Italian law. That is, I consider that our Civil Code should not allow "Playing Technique Medically Assisted Post Mortem" because I start from the premise set as an axiom, that the true nature of the Techniques of Assisted Human Reproduction, refer to medical acts therapeutic target or combating a disease, in this case, human infertility or sterility. [ABSTRACT FROM AUTHOR]

The knowledge and expertise contribute to the development of society. Tourism provides new insights for the advancement of the world, but for the adequate development and achievement of this activity it is necessary an integral, holistic and systematic view. Therefore, it is necessary to have a qualified human capital especially in management. The aim of this paper is to determine the relationship between vocational training provided by universities of tourism in La Libertad Region and the training needs of the sector. The methods used are ethnographic and analytic-synthetic, using interviews and surveys at the responsible sector. The results demonstrate that the universities in the region are focused on technical training-operational and that the sector has a limited view of their real needs regarding the capabilities and skills with which workers must have. [ABSTRACT FROM AUTHOR]

In Peru, there has been a remarkable growth of arbitration in the last decade, and especially those related to government contracting. Current legislation on the matter is worked to its development, this paper tries to present an approach to the mechanics of arbitration in state contracting, operation, what types of disputes that are resolved and some statistics on what comes regarding arbitration happening on the field. [ABSTRACT FROM AUTHOR]

In the United Nations conference on environment and development, signed the Convention on Biological Diversity, which obliges the signatory States to combat the extinction of species throughout the world. Its executive secretary said: "the services that nature offers us are free, but the man has a deep unconscious of what he represents their destruction [...] If humanity does not brake to the degradation of biodiversity, the legacy for future generations will be mortgaged [...] must have the courage to look our children in the eye and admit failure [...] admit that we continue losing biodiversity at an unprecedented pace, we are mortgaging their future". Words that initialed by premonitions future about the treatment of the extinction of a large part of the existing biodiversity, that if we do not a treatment, their destruction would speed up and we would be going against the new scheme of sustainable development. In this paper, I analyze and discuss from the perspective of social rights, environmental, and economic, compliance with subparagraphs (c) and (d) of article 10 of the said convention in the native communities of the Peruvian Amazon, an area of permanent armed con ict between the Peruvian State and the native communities. The work consists of six parts. The first explains the legal framework and jurisprudence; the second covers the methodology, and will draw attention to the method and the approach of hypotheses; the third the theoretical framework, the geographical framework and the gathering of information; The fourth on analysis and interpretation; in the fifth set out an analogy with some of the results of the European Union and countries of south America; in the sixth part formulates some conclusions and new perspectives for the future. [ABSTRACT FROM AUTHOR]

The present paper will analyze the procedural autonomy that the Constitutional Court has in order to solve the causes that are put under it knowledge. As it is observed, there are two theses; one of them totally denies the procedural autonomy to the Constitutional Court, but the other one agrees about the procedural autonomy of the Constitutional Court. From my point of view I consider that the Constitutional Court has procedural autonomy, which will be sustained throughout the present investigation. [ABSTRACT FROM AUTHOR]

The termination of the process is a mechanism for procedural simplification has been fully regulated by the Criminal Procedure Code of 2004, but that is not new to our legal system and applied it to certain crimes-money launder in gand customs-. His addition to our criminal justice system responds to achieve greater speeding solving criminal cases because of the crisis being experienced by our justice system that results in an excessive increase in the caseload and criminal political guide lines from reforms Latin American process are from the 90'SA trend in the region. The incorporation of early termination should not only beseen from the dogmatic frame work but also from the practical, which is why we must pay attention to the numbers in the districts whereit has been applied and there by contribute to solutions that are not only in the paper. [ABSTRACT FROM AUTHOR]