(Pontificia Universidad Católica del Perú, 2023-12-29) Siebeneichler De Andrade, Fábio
The work intends to examine the particularities of the settlement as a contract, based on the recognition of this legal nature, by the Civil Code of 2002. Since settlement is a legal instrument of great practical and theoretical importance, whose main purpose lies in serving to regulate conflicts between individuals, through reciprocal concessions, it is considered necessary to highlight and examine its particularities, within the framework of contracts and verify the development given to it by jurisprudence in the twenty years of validity of the 2002 Civil Code. Furthermore, it is worth highlighting the new position attributed to settlement by the new Brazilian Civil Procedure Code of 2015.
(Pontificia Universidad Católica del Perú, 2023-12-29) Martins-Costa, Judith
The objective of this article is to examine, through a functional methodology, the risks involved in put options related to investments in the energy sector, which presents several peculiarities. The study consists of delimiting which risks are or are not inserted in the normal scope of the contract. The option is examined from a functional perspective: whether its function is merely speculative or whether its purpose is to remove one of the partners. Considering the risks that exceed the normal range (alea normal), the possibility of contractual revision or termination is examined, analyzing the legal requirements contained in articles 317, 478 and 480 of the Brazilian Civil Code.