Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

The regulation of recruitment between spouses may vary in each legal system depending on the model of management of marital property adopted by the latter. Some comparative Laws, such as Spanish Law, allow for broad freedom of recruitment between spouses, considering that marriage should not limit their freedom to contract. Instead, Peruvian Law prohibits spouses to contract each other with respect of their common property. But this impediment requires a restrictive interpretation for knowing the real scope of article 312 of Civil Code, since the prohibition provided in this rule does not seem to apply to the personal property of each spouse. If so, the so-called agreements of attribution of common nature to personal property, regulated in foreign legal systems, could also be used in Peruvian Law. For these reasons, this work offers a study about the recruitment between spouses in Peru in order to know its strict scope, grounds and purpose of the prohibition mentioned. Similarly, I make a brief analysis of the practical effects that would be presented because of the new interpretation that I would like to propose and which is centred on the concept of “property of society” contained in article 312 of Civil Code.

The following article aims to open the discussion about a contract’s topic that has not received the attention it deserves by civil law country’s doctrine: rent review clauses. The article begins with the authors explaining about use and exploitation of real state contracts, in which rent review clauses can be used. Afterwards, they verse about its origin in common law countries, and its application in civil law countries as well. Then, they do an economic analysis of the rent review clauses, describing the transaction costs of its absence in use and exploitation of real state contracts. Subsequently, they discuss about its lack of regulation and if it should or should not be included in Peruvian law as a supplementary law. The authors then proceed to tell the criteria to evaluate if a rent review clause is efficient or not, and to analyze the mechanisms to review the rent in the contemporary contractual practice, showing its pros and cons in the contractual relation. Finally, the authors end the article by evaluating the possible contingencies in its application in the contemporary contractual practice.

The Spanish Royal Academy of Language defines “crisis”, in its first sense, as a profound change with important consequences in a process or situation, or in the way in which they are assessed. The pandemic engendered by the spread of the SARS-CoV-2 virus, which causes COVID-19, has impacted on multiple scenarios at multiple scales. The aeronautical industry, which by definition encompasses not only air transport but also all the facilities, services and processes associated with it, including the construction and maintenance of aircraft, has been one of the activities affected by the global pandemic. The present work aims to describe at least ten of those critical situations, at their different scales (global, regional and local). The length of time covered by the present work extends to July 2020. Paying attention on its nature, this is an exploratory and descriptive research. Taking these scales into account, this article focuses on the analysis of the measures taken by the International Civil Aviation Organization (ICAO) and by the International Air Transport Association (IATA) at a global level, by the European Union (EU) and by the Latin American Civil Aviation Commission (CLAAC) at the regional level and, at the local level, by a selected group of States.

This investigation analyzes the deficiencies in the regulation of article 32 of the Sanitary Regulations for the Operation of Self-Services on which the Peruvian judicial system based to resolve the emblematic case related to Plaza Vea. In addition, we make a regulatory proposal in order to avoid that fundamental rights restrictions as a consequence of poor legislative technique. The problem investigated is that the Constitutional Court, in order to resolve the Plaza Vea case, did not take into consideration the regulatory prescriptive norms on which the prohibition related to the fact that animals cannot enter supermarkets is based. Therefore, we seek to demonstrate that, applying doctrinal concepts of legal argumentation such as vagueness, over-inclusion, irrelevant factual predicates, legal gaps and defeasibility, the Constitutional Court was able to understand that, rather than facing a collision of fundamental rights, we are faced with a deficient normative interpretation on which the controversy should have been resolved.

The argumentation based on consequences is used in daily life. However, the legal field, it has to accomplish some requisites to be admissible. Thus, the purpose of this article is define what kind of reasoning by consequences can be used in the legal field. For this, it will be presented where the argumentation works, the ways of presenting it, scenarios in which it is not admissible and, finally, the types of consequences that can rightfully be invoked.

This article presents a reflection on the future of the penal clause, its functions, its usefulness and its validity. With the help of descriptive, hermeneutic-legal and comparative methods, we carry out a review of national and foreign regulations, about the intangibility of the contract, the moderating power of the judges and the legislative intervention in the reduction of the penal clause, as a measure temporary as a result of the health crisis.

The Inter-American Human Rights System is inserted in a context of searching for the maximum protection and guarantee of human rights. Therefore, in addition to a Federal Constitution that aims to grant human and fundamental rights, there is also a Global System and a Regional Protection System, which highlights the relevance and timeliness of the matter. Based on the premise, this article studies the contents of the right of non-discrimination and equal protection before the law, especially from the logicality of the advisory role exercised by the Inter-American Court of Human Rights. This way, the following issue arises: what is the position adopted in the Advisory Opinion 24/2017 by the Inter-American Court of Human Rights, in regard to the rights of the LGBT community, as a vulnerable group? In order to solve it, the deductive approach method is used, aiming, at first, to come to the operating logic of the Inter-American System, focusing on the advisory function of the Inter-American Court; to verify the main aspects regarding the protection of vulnerable groups from the perspective of the American Convention; and, finally, to critically analyze the Advisory Opinion 24/2017, issued by the Court, which deals with the protection that should be granted by the States to the LGBT community. At last, it is concluded that the Court understands that the States must adopt protective measures towards this group, avoiding any kind of discrimination and eradicating, or at least reducing, the violence that results from gender and sexual identity.

The COVID-19 pandemic has brought about a change of scenery in the field of human rights that must be addressed in all its dimensions. In Latin America the pandemic erupted in a moment when States were already challenged in their regulations and response capacity to COVID-19. The recent measures adopted to prevent the pandemic first and foremost prescribe the restriction of movement and mandatory preventive social isolation. This brings to light the configuration of care within households and the unfair social organization around it. Care is usually understood as any activity that is essential in satisfying the basic needs for human existence and reproduction, providing the physical and symbolic elements that allow humans to live in society. This paper analyzes the scope of the recognition of care as work but particularly as a human right, (the right to care, to be cared for and to self-care), based on the survey of theoretical and empirical studies developed in Latin America. The objective is to present the conceptual framework and empirical evidence pre-existing to the Covid 19 crisis regarding care, to identify the lack of its social distribution and the way in which it focuses on women to the detriment of their autonomy. The hypothesis guiding the analysis is that until universal, cross-cutting policies are adopted, with regular budgets and based on a gender and rights approach, efficient responses to the pandemic will not be achieved. The argument that the article introduces (set in a tour of some of the Latin American countries and the recommendations of the human rights protection bodies) is that despite the allusion to universality, the policies end up targeting due to vulnerability without promoting comprehensive actions, absolutely necessary during the crisis, but to design the way out.

As SARS-CoV-2 expanded throughout the world and became a pandemic, the idea of said virus as a “great equalizer” became popular due to its seemingly unrestricted transmission potential. However, this notion was promptly abandoned when it became clear that, despite everyone being at risk of contracting the virus, those most vulnerable are particularly defenseless and disproportionally impacted by it. On the one hand, the effects of the pandemic are exacerbated by the preexisting social and economic inequalities found in our society; conversely, the country’s own legal framework has rendered them unprotected. Among these, people with disabilities are a significant group. Representing almost 10% of the total population, they haven’t been subject of sufficiently effective and differentiated public policies to ensure their full inclusion and enjoyment of rights; situation that has gotten worst in the current health crisis. In this article we will explore the sociopolitical traits of citizens with severe physical disabilities in the country and how certain regulations issued by the government in the context of the pandemic have placed them in an increased vulnerable situation. Likewise, we will reimagine the new post-pandemic normality from the perspective of disability.