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La tutela cautelar en el contencioso-administrativo de Nicaragua
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2018-11-28) Arríen Somarriba, Juan Bautista
The system of precautionary measures in both Nicaraguan constitutional and administrative justice has been based on the traditional suspension of the administrative act, without taking into account that, for example, in administrative inactivity there is no act to suspend, but it has not been regulated as part of effective judicial protection, approved in the recent constitutional reforms, proper to due process and minimum procedural guarantees. This closed system has lagged behind in relation to the open nature of numerus apertus, of unnamed measures, foreseen in Spanish, Colombian comparative law, among others, above all in the regulation of the concurrence of causes of the danger of legal harm by the delay of the final judgment (periculum in arrears) and the fumus bonis iuris or appearance of the good right. In this context, before the approval of a new Nicaraguan administrative litigation regulation, we have the opportunity to influence the development of this matter, offering lege ferenda proposals.
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La regla de oferta final en el panel eléctrico chileno
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2018-11-28) Carrasco Delgado, Nicolás Ignacio Ariel
Efficient solutions are difficult to adopt, as they comprehend a large amount of information and require identifying an optimum point, which weighs up the benefits and costs involved. One means of simplifying this task arises with the final offer rule (the judge accepts the position of one or the other part, in a complete way). The Chilean electricity system provides for a rule of this nature to rule on disputes, which come before the so-called «electrical panel». This article will discuss the rule’s considerations of efficiency and the complexities, which the final offer presents for traditional procedural principles. A rule acclaimed by economists for taking decisions could cause lawyers to reconsider the mechanisms for resolving certain disputes.
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Blockchain y mercados financieros: aspectos generales del impacto regulatorio de la aplicación de la tecnología blockchain en los mercados de crédito de América Latina
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2018-11-28) Corredor Higuera, Jorge Armando; Díaz Guzmán, David
The purpose of this document is to analyze, based on technological criteria, regulatory standards and international recommendations, the impact of blockchain technology on credit markets and how such dynamics could have direct effects on Latin American markets, i.e., producing greater efficiency and financial inclusion in the region. For this purpose, the scope of blockchain technology will be contextualized, the possible applications of said technology in the financial markets will be developed, and finally the regulatory proposals on the application of said technology in the Latin American credit markets will be analyzed in relation to risk management and financial inclusion.
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El deber de gestión del riesgo de corrupción en la empresa emanado de la ley 20393 de Chile: especial referencia a las exigencias de identificación y evaluación de riesgo
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2018-11-28) Artaza, Osvaldo; Galleguillos, Sebastián
This article analyzes the criteria to determine when a company has failed to meet it is duty to manage the risks of bribery that arise over the course of it is economic activity. Special emphasis has been placed on the establishment of requirements for identifying such risks with the purpose of being able to adopt measures to counteract them later. The article analyzes comparative experience, both in relation to the technical guidelines that come from compliance studies, as well as the studies of criminology of corporate crime. Those experiences are explored to identify a series of structural and cultural variables that would predict the commission of crimes and, therefore, require their identification by the company.
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La caracterización del feminicidio de la pareja o expareja y los delitos de odio discriminatorio
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2018-11-28) Pérez Manzano, Mercedes
This article aims to specify a coherent and useful interpretation of feminicide behavior (or as preferred by the author “femicide”), which is included, in a non -uniform manner- in several criminal definitions in Latin American legislations. Indeed, the author asserts the need for an individualized criminal protection of women against gender violence, and confirms the praiseworthy work it is being done in Latin America, yet femicide as a criminal offense in the region is not defined accurately. Thus, the author concludes this is the reflection of a criminal policy that suffers from inaccuracies, duplicities and, in some cases, excessive punitiveness. The author questions the criminal definition of femicide as the death of a “woman because of her condition as such” or other similar definitions that include the murder of a woman because of the mere fact of being a woman. When referring to the death of a woman committed by her partner or former partner, the author characterizes feminicide as a form of violence which constitutes an instrument of discriminatory domination, in other words, violence against women with the purpose of maintaining or re-establishing unequal power relationships or simply to reaffirm the discriminatory sense of his act, denying the victim his right to equality. From this perspective, the author discusses considering partner or former partner femicide as a hate crime, since the characteristic of this criminal definition is its collective dimension (the implicit threat to the collective) and the parallel fungible condition of the victim. In the opinion of the author, in partner or former-partner femicide the woman’s death is related to both the bias that exists towards women, how they should behaved (machismo), and what was expected of the victim (as herself). It is an individual phenomenon, of only one dimension. Under all these considerations the text culminates analyzing the Peruvian criminal type of femicide, acknowledging some successes but also reiterating their mistakes.
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Convergencias y divergencias del derecho de incumplimiento del Código Civil alemán con los Principios de Derecho Europeo de los Contratos y otros textos internacionales
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2018-11-28) Barcia Lehmann, Rodrigo; Rivera Restrepo, José Maximiliano
The aim of the proposed investigation is to revise critically the German reform of the obligations (2002), establishing its main implications and relevance within the process of unification of European Law obligations and contracts, and especially of the so-called soft law.
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La dependencia: un nuevo riesgo de la seguridad social chilena
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2018-11-28) Arellano Ortiz, Pablo
The protection of old age has become a constant concern in recent years. Within this, the protection of dependent adults is presented as a new social risk for social security. This approach is the one addressed in this work, for which the French model of dependency protection is used. It is argued that Chilean security can follow this approach. It is considered necessary to be able to identify and analyze the elements of dependency benefits of the French legislation that allow sustaining that the dependency can be protected by the Chilean social security system. The elements presented will allow the development of a more informed debate about the protection of an increasing group in Chile.
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La bolsa de valores de Colombia, su naturaleza y su posición sobre las sociedades comisionistas de bolsa: el planteamiento del Service Level Agreement (SLA) como posible forma de mitigación
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2018-11-28) Rodríguez Rodríguez, Néstor David
Stock exchanges are vital agents for capital market development and the stock market of a country. This article defines «stock exchange» in Colombia and analyzes its characteristics from a legal, financial and market point of view. Furthermore, this article reviews the contractual relationship between the Colombian Stock Exchange and the market agents, especially with the Colombian Stock Brokerage Firms, in order to conclude the existence of both dominant position and a monopoly that favors the Colombian Stock Exchange. Finally, the «Service Level Agreement» is proposed as a way to alleviate both the monopoly and dominant position’s effects of the Colombian Stock Exchange. For the relevant purposes, this article was developed by using the dogmatic-legal investigation, jurisprudential, and legal analysis method, and through the use of methodological, descriptive, comparative and propositional tools.
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Dos tesis de H.L.A. Hart sobre responsabilidad y castigo: 50 años después
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2018-11-28) Figueroa Rubio, Sebastián; Torres Ortega, Ilsse Carolina
In this paper we make a critical assessment of some claims made by H.L.A. Hart in his book Punishment and Responsibility. Particularly, two specific theses on responsibility and punishment are addressed: the primacy of liability thesis and the mixed character of the justification of punishment thesis. We introduce both theses and we analyze their explanatory potential through scrutiny of criticisms they have faced.
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Venga a nosotros tu reino: la justicia como fuerza anímica ausente en la enseñanza del derecho
(Pontificia Universidad Católica del Perú. Fondo Editorial, 2018-11-28) Del Mastro Puccio, Fernando
This paper proposes an approach to justice as a driving force which moves people towards rectitude, balance and harmony. The hybris is presented as the opposite force, one that animates the subject towards perversion, domination and discord. Drawing on that perspective, we describe diverse aspects of legal education that elicit the hybris. Particularly, we argue that, through hidden curriculum channels, legal education fuels perversion, domination and discord within the inner world of law students. This effort seeks to contribute to legal education’s critical studies by providing a framework through which criticisms —usually unarticulated— on this matter can be integrated around the idea of justice as a driving force. Furthermore, it presents issues and experiences that are usually not recognized as problematic in the reflections about legal education. Finally, this is a highly relevant effort given the current social context in Peru, where the practice of law —both private and public— is going through a serious ethical crisis. This demands law schools to ask themselves, with genuine self-critical attitude, which role they are playing in this crisis.

Derecho PUCP. Núm. 81 (2018)

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