(Pontificia Universidad Católica del Perú, 2016) Talavera Cano, Andrés
To penalize contractual breaches allows efficient allocation of risks in a contract, ensuring and maintaining the contractual equilibrium that the parties had in mind and shaped in its contractual regulation. The intelligent use of penalties will safeguard and maintain the economic balance of the contracts, thus maintaining the profitability of business operations pursued through them.
(Pontificia Universidad Católica del Perú, 2016) Quiñones Infante, Sergio
In this article, the author presents the theme of the historical evolution of Labour Law, analyzing the most important milestones in which it develops. Firstly, he addresses the regulation of work in the preindustrial era; then, the emergence of Labour Law as a result of historical and social factors; and finally, its evolution throughout the twentieth and twenty-first century, concluding that this development has come to be circular.
(Pontificia Universidad Católica del Perú, 2016) Prado Bringas, Rafael; Zegarra Valencia, Orestes Francisco
This article addresses the treatment of the joinder and the intervention of third parties in the Civil Procedure Code. The authors examines the procedural institutions for try provide the right interpretation of the procedure rules concerning to the material and get a true effective jurisdictional protection.
(Pontificia Universidad Católica del Perú, 2016) Bardales Castro, Percy
En el presente artículo, el autor propone una interpretación del artículo 159 del Código Tributario conforme al contenido del derecho constitucional a la tutela jurisdiccional efectiva, haciendo énfasis en uno de los derechos que lo conforman: el derecho a la tutela cautelar. Asimismo, establece una definición de medida cautelar y explica sus características, su fundamento constitucional y los presupuestos que se deben cumplir para que sea concedida y ejecutada.
(Pontificia Universidad Católica del Perú, 2016) Calabresi, Guido
In this article, the author analyses the tort not only from a private view, but also from a public function as part of the legalpolitical- economic structure of a State. Likewise, he analyses the significance of the liability rule and how this social-democratic way of organizing law and entitlements fixes the size of the liability;however, it is an inaccurate description of what occurs in the world, as in the case of eminent domain. Therefore, he claims a more significant economic role for the liability rule.
(Pontificia Universidad Católica del Perú, 2016) Ariano Deho, Eugenia
This article provides a different approach to the debated issue of the criterion of solution of what has come to be called “property not registered vs. embargo registered”. In it, it argues that all the solutions that has been raised (even the adopted as “binding precedent” in the judgment of the Seventh Civil CassationPlenary) are based on an optical error, because they look at the embargo act of a static way, as if it were an act that creates a final situation, forgetting that the embargo is a procedural act that is not an end in itself, but is inserted into the dynamic of the execution process, a process in which the final situation occurs (the awarding of the asset under seizure to the successful bidder or creditor, that is, the acquisition of a real right). Observed, however, theembargo on the dynamic of the executive procedure, as an act that prepares the forced alienation of the asset, is postulated, as a criterion of solution to the problem, that of priority registration (that is, the contained in the first paragraph of the article 2022 of the Civil Code, but with the tempering of the appreciation of good faith), once the annotation of the embargo “reserve priority” to the act of forced alienation of the asset.
(Pontificia Universidad Católica del Perú, 2016) Toyama Miyagusuku, Jorge; Neyra Salazar, Carole Ivonne
In this article, the authors explain some notions about job security and some general aspects of the nullity of the dismissal (proof of the dismissal null and its causes). Also, they explain the judicial criteria on the nullity of dismissal that have been issued through cassation rulings by the Supreme Court. Among these criteria are union membership or participation in union activities, filing a complaint or participation in processes against the employer, discrimination, and pregnancy.
(Pontificia Universidad Católica del Perú, 2016) Lorca Navarrete, Antonio María
This article addresses the relationship between the Process and the Constitution. For this purpose, it is explained what is the object of study of the Procedural Law, and which is the litigation model adopted in article 139 of the Peruvian Constitution, why this model is about a system with its own autonomy and substantivity and not about a subsystem, and how Civil Law and Common Law converging in this model. Furthermore, the author establishes, based on the Constitution, the reason why the existing procedural guarantees in our legal system do not imply a “right to a right decision”, but only the right to a fair process, and explains the difference between “fair process” and “justice” or “judicial truth”.
(Pontificia Universidad Católica del Perú, 2016) Assereto Bossio, Juan José
This article addresses the discussion about the validity in the interpretation of the double impact of “VAT” on a single economic event by setting two different taxable events. Likewise, it is explained if this interpretation infringed the systematic of tax and violates constitutional principles taxation such as equality and non-confiscatory.
(Pontificia Universidad Católica del Perú, 2016) Nussbaum, Martha C.
In the first part of this article, the author discusses two types ofliberalism from the thoughts of prominent philosophers. On the one hand, sheanalyzes the ideas of Isaiah Berlin and Joseph Raz as examples of perfectionistliberalism and, on the other, those of John Rawls and Charles Larmore asexamples of political liberalism. It also identifies differences between Berlin’spluralism and Raz’s and between Rawls’ liberalism and Larmore’s.
