(Pontificia Universidad Católica del Perú, 2017) Vásquez Rebaza, Walter
Despite its high complexity and significant presence in contemporary legal-economic transactions, construction contracts are, from a legal perspective, still part of a field rarely explored by national academics. In the present article, which is part of a long-term research on the subject, we will only analyze the typical components that characterize the activity of construction contractors. The aforementioned development is justified to the extent that it will help to understand and apply in an appropriate way the general (civil) and sectorial rules on the matter. In more detail, we hope that the conclusions of the present research shed light on the elucidation of the level of risk that contractors must assume in the development of their contractual services, given the peculiarities of their activity.
(Pontificia Universidad Católica del Perú, 2017) Zúñiga Melgarejo, Carlos
Within the varied range of problems that plague our country, informality is one of the biggest complications. Precisely, one of the areas in which it operates loosely, is around MYPES (micro and small businesses). In fact, many entrepreneurs (and not only those who consider themselves within the block referred to above) act in the market without having been established as a company, thus we have the Non-Personalized Collective Businessmen. Thus, taking into account the regulations that frame this group, we consider necessary to promote systematic or normative changes that allow the inclusion of this group in the registry system. For this, a first option will be to expand the scope of the Digital Intermediation System of the SUNARP (Public Registries) and a second option will aim to modify the rules regarding the acquisition of legal personality and irregular companies.
(Pontificia Universidad Católica del Perú, 2017) Calle Cabrera, Pía Stephania; Mora Cabrera, Cristian Mauro; Antonio Vásquez, Pamela Bethsabé; Flores Yapuchura, Anyela Yesica; Juarez Valdez, Helena María
Through this article, the Investigation Commission of the Commercial Law Team makes an approximation to the Private Pension System in Peru, the main changes introduced by Law 30425 and, finally, the constitutionality of the provision that allows the member can access up to 95.5% of its funds.
(Pontificia Universidad Católica del Perú, 2017) Lizárraga Vera-Portocarrero, Anthony
In our legal system, when an economic agent is in a stage of non-compliance, it has the possibility to choose the insolvency process to reverse the result of this situation. One of the effects of this process is the protection of the assets of the debtor through different mechanisms among which are the institution of ineffective acts. However, the institution mentioned in our country has unclear regulations. That is why its main role, the protection of insolvency, is dissatisfied.Since the entry into force of the General Law of the Insolvency System in October 2002, this institution has not undergone changes that are in line with the economic development of the country. In this sense, it is important to analyze the different insolvency laws in America and Europe in relation to the institution of ineffective acts. The crises that have faced their economies in recent years have led States to continue to modify their regulation on the institution of ineffective acts. It is worth highlighting and analyzing the positive aspects of this regulation to improve our legislation, with the respective restrictions given the particularities of the economy of each country.
(Pontificia Universidad Católica del Perú, 2017) Álvarez Meza, Walter
This paper aims to analyze the importance of maintaining a technical criterion in the legal interpretation used by the consumer protection authority (Indecopi), for the resolution of conflicts arising from the provision of financial services. Likewise, the role played by the legal mechanism provided for in the Consumer Protection and Defense Code, the conditions of its application and the limits it presents. Finally, a brief reflection is presented on the dynamics between financial regulation and consumer protection that operates in this market.
(Pontificia Universidad Católica del Perú, 2017) Piazza Risi, Walter
In the following article, the author starts marking differences between mutual and commodate contracts, action needed to adequately explain the negotiated economic terms in modern contracts. Indicated clauses whose function is to be important economic terms that are negotiated for the signing of structured loan contracts. It also mentions how the imputation of the payments of the borrower works, the use of the funds and the advance payment of the loan.
