(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.
(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.
(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.