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An inside job: takeovers in chinese capital markets
(Pontificia Universidad Católica del Perú, 2018-07-03) Barreda Ayllón, Alonso; Alarco Rodríguez-Larraín, Pablo
Chinese Stock Exchanges are on the rise. Companies are lucrative and trading is getting sophisticated on a day-to-day basis. Upon this scenario, the following paper takes a closer look on the framework upon which takeovers may happen, the takeovers strategies available in Chinese jurisdiction and the applicable defenses that target companies may use against such attempts.Finally, this paper compares the regulation of Takeovers in China with that of highly developed markets, such as the United Kingdom and the United States. The opinion of this paper is that though unsophisticated Chinese stock exchanges have undertaken proper measures in adapting foreign regulations into its own business idiosyncrasy to regulate the takeover phenomenon.
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Análisis comparativo y derecho constitucional
(Pontificia Universidad Católica del Perú, 2018-07-03) de Vergottini, Giuseppe
This work presents us with a brief –though by no means plain– overview of the foundations, presuppositions, possibilities and limitations and some concrete examples of what comparative legal survey gives to the field of Constitutional Law.Indicating the capability of comparative legal practice together with a distinct comparative theoretical study of constitutional matters, giving pertinent methodological observations, the Bolognian professor excels at giving the reader acute observations on the nature of the legal comparison, the definition of its scope, the grounds for something to be “comparable”, as well as other interesting topics.An experienced jurist, de Vergottini also underlines the diff erent functions of the various actors in the legal sphere, the role they play by using comparative legal analysis in their work and the practices of foundation and argumentation they employ, as well as the diff erent models and traditions that have arise.
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Andrés De Santa Cruz y la Confederación Perú-Boliviana: entre la modernización y el frenesí legislativo
(Pontificia Universidad Católica del Perú, 2018-07-03) Gonzales Escudero, Damián
Within the context of the attempts of modernization of Peru during the first stage of the 19th century, Andrés de Santa Cruz stands out. Figure opposed both phenotypically and in terms of socioeconomic interests of the elite that at that time ruled the country.The author, throughout the text, develops the figure of Santa Cruz linked to the context of the time and his modernizing attempts from the economic and, above all, legislative. In the same way, it describes the multiple national and international resistances from the fields of justice, politics and war.
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Apuntes introductorios al Derecho Comparado
(Pontificia Universidad Católica del Perú, 2018-07-03) Sotomarino Cáceres, Roxana
Comparative Law like a method or “meta-method” has an especial relevance in legal analysis and production, especially in a globalized world. The utility of comparative analysis between different figures from two or more legal families using different elements to this analysis, such as legal elements, historic, politic and others is undeniable.In this article, the author present us the Comparative law from different edges to show its development, importance and state in our days.
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Apuntes para una historia del Derecho del Trabajo Peruano
(Pontificia Universidad Católica del Perú, 2018-07-03) Motta Villegas, Juan Diego
In the present article, the author makes a brief recount in which the most significant events regarding what can be named as a “History of peruvian Labor Law” are told along the main periods of our history.In that way, this topic fathoms through periods such as the Inca Empire, the colony and the Republic appealing to the support of quotes from peruvian historians with the stature of Jorge Basadre and Julio Cotler. At the same time, the author establishes a direct and original correlation between the birth of the peruvian Labor Law and the origins of union liberty and trade union movements in Peru.
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El caso lava jato en el Perú: descripción, valoración y aplicación de normas
(Pontificia Universidad Católica del Perú, 2018-07-03) Guimaray Mori, Erick
Complex criminal acts do not only are that way due to their coordination and intervention methods, but also because of the political and economic power that their protagonists attend. The Peruvian case called Lava Jato is not only important because of it White Collar nature, but also because of the economic and political consequences.The complexity of a judicial case is measured by its evidence and its implications, therefore, it is necessary to split the main elements of the plot, link them with the criminality that supports it and interpret our criminal rules in a coherent and sustainable manner over time. The importance and valuation of the unfair of the extraneus in cases of great corruption is a good example of that task.
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Comparación jurídica desde el sur global genealogía de un proyecto crítico
(Pontificia Universidad Católica del Perú, 2018-07-03) Merino Acuña, Roger
Comparative Law is considered a discipline inside the study of Law, characterized by contrasting the legal regulations and the legal development of the different legal systems around the world, under the same premises. In addition, Critical Comparative Law does deeper analysis on the development of legal systems according to their context, letting be a superficial comparison, as in the case of the Global South.In this article, the author analyzes several theoretical bases of Comparative Law, as well as the main questions of orthodox and heterodox theories related to the text. Especially the role of the Global South academy in this discipline.
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Consideraciones sobre la historia ambiental y su incidencia en el Derecho
(Pontificia Universidad Católica del Perú, 2018-07-03) Foy Valencia, Pierre
The author, employing some basic premises of relations (between time, nature, Humanity and the Law), explores the development of Environmental Law as an autonomous discipline on its historical context.This work also considers the various theories and approaches that have arisen, delivering a fundamental general overview for the interested layman that wishes to undertake researches on this field.
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El control de concentraciones empresariales y su aplicación en el Perú: una perspectiva desde el Derecho Comparado
(Pontificia Universidad Católica del Perú, 2018-07-03) Roca Lizarzaburu, Luis Fernando
There are as many merger control mechanisms as jurisdictions, each one of them with its own strength and particularities. Such variety can be used to analyze the effectiveness of such techniques, and evaluate their applications in a local scale.In this article, the author reviews some of the principal aspects in which merger control mechanisms differ. Subsequently, and based on the advantages or disadvantages that these mechanisms may show, the author analyzes the characteristics that a merger control mechanism should have for it the be implemented in Perú our country.
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El dilema para denunciar: una crítica a La transferencia de funciones del Indecopi a Susalud en materia de servicios médicos y de seguros
(Pontificia Universidad Católica del Perú, 2018-07-03) Segovia Trocones, Enzo
In this article, the author analyzes the distribution of functions between SuSalud and Indecopi, regarding the mandates of Legislative Decree 1158. In particular, the author addresses the functions of administrative regulation related to infractions in the provision of health services by the private sector in our national scope.This is done taking into account considerations that are inherent to a fundamental right as the right to health, which implies an active duty for the State as a whole. This is the reason why intense criticisms are raised about the way in which the distribution of functions has been regulated among public administration bodies, through confusing rules that signifi cantly increase the costs faced by consumers to present their complaints.
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El génesis de la parte general del bürgerliches gesetzbuch
(Pontificia Universidad Católica del Perú, 2018-07-03) Mendoza del Maestro, Gilberto
In this article, the author develops a historical analysis of the General Section of the Bürgerliches Gesetzbuch, making important comments on the social and political context in which it was written. Additionally, this analysis presents a review of its process of production, inside the work of the commissions and preliminary texts.This is dealt by presenting some of the sharpest criticism made to the codification efforts and the academic debate on the importance of having a General Section or even a code for the German area. Finally, the author sets the relationship between this German product and other laws that appeared in countries influenced by it.
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El jurado criminal en pugna un debate con resonancias en América Latina
(Pontificia Universidad Católica del Perú, 2018-07-03) Ramos Núñez, Carlos
In the present article, the author analyzes the positions for and against the juridical institution of the criminal jury, which would inﬂuence Latin America in the second half of the 19th century and the ﬁrst decades of the 20th century.This is done by exposing the opinions expressed by European and Latin American authors whose ideas were characterized by extremely varied legal and political connotations and, sometimes, completely opposed to one another. Likewise, the historical background that characterizes each of the countries from which the authors mark their positions is presented.
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La justicia constitucional desde la perspectiva de la filosofía de Jeremy Waldron y la experiencia venezolana reciente
(Pontificia Universidad Católica del Perú, 2018-07-03) Ghersi Rassi, Óscar
The article reviews Jeremy Waldron’s theory about the legitimacy and moral authority of the various forms of constitutional justice. According to this theory, it is always illegitimate insofar as it violates the principle of majority decision, the only moral principle of legitimate legal authority.The author explains the conditions that, according to Waldron, a political community must gather so that his theory is applicable. He also ventures into forwarding some criticisms to the author regarding these conditions.Specially, the problem of the regressivity of Waldron’s argument and the problem of stability of his conditions are explored. However, it is assumed that Waldron’s theory off ers important contributions and a reflection is made in the face of the Venezuelan constitutional reality. Finally, a theoretical outline is used to combine the institution of constitutional justice with the most relevant criticisms of Waldron.
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La justicia y el derecho comunal o comunitario en la historia del Perú
(Pontificia Universidad Católica del Perú, 2018-07-03) Peña Jumpa, Antonio
What is the origin and the foundations of Justice and Community or Community Law in Peru?.In the present article, the author studies the origins of the aforementioned concepts mentioned in several communities, supporting in pre-Inca history and other tools.The focus of this study is two basic institutions: the family and the community as well as some expressions in the community and the social ordering; finally, it presents a balance of the institutions addressed.
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Legal culture and legal transplants. A propósito de la recepción del precedente vinculante en el sistema jurídico peruano
(Pontificia Universidad Católica del Perú, 2018-07-03) Ramírez Figueroa, Jim
The legal transplant is one of the legislative techniques most used by the legislator, so its analysis and development during its application is very important. Similarly, the use of precedents is a particular feature of various legal systems of civil law, because of this, the analysis of this institution, its foundation and its importance for the law are relevant.In this article, the author seeks to analyze and explain the development of a legal transplant in its new environment, together with the impact of various alterations in it and the conservation of it. It also seeks to analyze the function of the precedent and demonstrate that the use of it in civil law legal systems is not analogous to the powers of the legislator, but, on the contrary, rationalizes the decision making and contributes to materialize many principles and constitutional rights.
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La lex aquilia: la estructura del damnum iniuria datum y su evolución a través de la interpretatio prudentium y la actividad pretoria
(Pontificia Universidad Católica del Perú, 2018-07-03) Sánchez Hernández, Luis Carlos
The Lex Aquilia, a third-century approved plebiscite, is the origin of the modern tortious liability on those legal systems descending from the roman system. Therefore, its study constitutes a necessity, because it allows us solid understanding of the previsions of the current civil codes, both in Europe as in Latin America.This article analyses the content of the three chapters in the plebiscite and the possible procedural clauses that followed; then, we will examine the structural element of the damnun injuria datum, crime regulated by chapters first and third of this law, and the evolution that each of these elements has experienced through jurisprudential interpretation, as well. Also, we will discuss how the Praetor extended the scope of application of the Lex Aquila through praetor acts; and, finally, the author will present, synthetically, the state of aff airs on Justinian codification.
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El nacimiento y ascenso de los civil lawyers
(Pontificia Universidad Católica del Perú, 2018-07-03) García Long, Sergio
Civil law has changed. Now, Civil Law has become a European law. Interestingly this European Civil Law has developed in English language.We also must add to the picture the process of globalization of American law. The contract law that is being used by practitioners in corporate and financing deals is based on American contract clauses which are not regulated by civil codes. Many of these deals are written in English language. This new environment of the Civil Law in the international field demands adaption for lawyers if they want to survive in the legal practice.
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El otro “colaborador”: una mirada comparada sobre los facilitadores de los cárteles en el derecho de la competencia
(Pontificia Universidad Católica del Perú, 2018-07-03) Calderón López, Andrés; Ayvar Ayvar, Ricardo
The facilitators or informers have become important subjects in the field of Competition Law. However, just as they have served to fight against the cartels, they have also been used by the latter to facilitate and cover up their organization and activities.In the present article, the author seeks to explain and analyze the first cases resolved by the national competition authority in which said facilitators have been immersed. Likewise, an analysis of the jurisprudence on the subject is made in the United States, the United Kingdom and the European Union. Finally, the national legislation and jurisprudence on the subject is analyzed in the light of comparative law.
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Poderes remediales y lucha contra la impunidad: comentarios sobre la recepción del estándar barrios altos en Brasil, Chile, Perú y Uruguay
(Pontificia Universidad Católica del Perú, 2018-07-03) Gurmendi Dunkelberg, Alonso; Tafur Sialer, Andrea
In this article, the authors analyze the reception of the judicial doctrine of the void ab initio of internal amnesty laws contrary to the Inter-American Convention on Human Rights, set by the Inter-American Court since the Barrios Altos case.In these order of ideas, the various social and political processes developed inside the countries attached to this international court are taken into account, who would be the receivers of the court’s decisions’ content. However, as pointed out by the authors, each nation’s context has ended up in a particular assimilation and even a sharp opposition from the national authorities to this judicial doctrine.
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Presentación. THEMIS Revista de Derecho; Núm. 73 (2018): Historia del Derecho y Derecho Comparado
(Pontificia Universidad Católica del Perú, 2018-07-03) Consejo Ejecutivo
No presenta resumen