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546,196 artículos
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Año:
2018
ISSN:
1995-2929
Indacochea, Juan Manuel
Pontificia Universidad Católica del Perú
Resumen
On August 24, 2015, the Andean Court of Justice issued the Preliminary Ruling 242-IP-2015, on the tactile mark consisting in the surface of the whisky bottle Old Parr. This Preliminary Ruling is the first one rendered by an international court about tactile marks. The purpose of this paper is to explain the application of the main registration requirements to new types of marks, in the light of the criteria explained in the aforementioned Preliminary Ruling. It also aims to analyze the previous jurisprudential development, concerning the active legitimacy of the Administrative Authorities of the Member Countries to optionally request Preliminary Rulings. That is the first question –or subject– addressed in the above-mentioned Preliminary Ruling since the interpretation was requested by an Administrative Authority of Colombia.
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Año:
2018
ISSN:
1995-2929
Vargas Jiménez, Marja Ulanova
Pontificia Universidad Católica del Perú
Resumen
The main object of this research is to analyze the ideal legal consequence in the acts of disposition or encumbrance of property of the marital partnership carried out by one of the consorts who is registered in the Public Records as if they were property of the conjugal. Developed in the debates at the gates of issuing the Eighth Civil Cassation Plenaries, it is important to establish if the legal remedy is the nullity or inefficacy of the legal business held by the spouse who does not have a special power of the other consort to represent society.
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Año:
2018
ISSN:
1995-2929
Chang Tokushima, Juan; Drago Alfaro, Mario
Pontificia Universidad Católica del Perú
Resumen
On December 21st 2016 the Legislative Decree No. 1272, a regulation that modified various provisions of the General Administrative Procedure Act, Law No. 27444 (LPAG), was published. One of them consisted in the modification of subsection 2 of Article II of the Preliminary Title, which had as a consequence that the conditions established in the LPAG were no longer supplementary, but mandatory. In particular, when a special rule establishes less favorable conditions for the administered. The purpose of this article is to determine the effects of the aforementioned modification to the statute of limitations applicable to sanctioning administrative procedures. Specifically, if the statute of limitations applicable to antitrust procedures has been modified.
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Año:
2018
ISSN:
1995-2929
Queirolo Romero, Ana Paula
Pontificia Universidad Católica del Perú
Resumen
In Environmental Law, the regulation of the consultants and the regime to which they are subject is questioned. However, those who question it have not analyzed the fundamental role that they fulfill within the procedure that implies an environmental certification. Through this article, the author aims to explain the evolution of environmental consultants and demonstrate their role within the economic regime in Peru.
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Año:
2018
ISSN:
1995-2929
Shimabukuro Tokashiki, Néstor; Alejos Guzmán, Oscar
Pontificia Universidad Católica del Perú
Resumen
The special nature of the contractor selection procedure and the source hierarchy of the State Procurement Law have been used as an argument to support the non-application of the interoperability rule within the framework of these procedures. Being in disagreement with this position, we sustain in the article that the special nature of the selection procedure does not negate the application of the informalism principle that underpins the interoperability rule. Likewise, we maintain that the common character of the Law of General Administrative Procedure, where the principle of informalism is enshrined, requires a reinterpretation of the hierarchy of sources of the State Contracting Law.
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Año:
2018
ISSN:
1995-2929
Sosa, Alex
Pontificia Universidad Católica del Perú
Resumen
In this article, the author develops the problem ofs exist advertising and he sets out self-regulation as an alternative to sanction it. Along these lines, he introduces CONAR as an institution responsible for self-regulation within advertising, and he highlights the issuance of an objective criterion for evaluation and eventual sanction of sexist advertising, this within the framework of the validity of its Advertising Code of Ethics 2007, but after a series of modifications to regulatory framework, the author criticizes its lack of application, and he culminates affirming the advantages of an advertising self-regulation, represented through CONAR.
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Año:
2018
ISSN:
1995-2929
Salazar Mesías, Octavio
Pontificia Universidad Católica del Perú
Resumen
In this article, the author analyzes the tax regime linked to the partnership agreement (joint venture) agreement, within the framework of a recent court resolution by the administrative authority on tax matters. In this regard, the author presents an interesting summary of the normative changes that took place around the partnership agreement, and presents us with an interesting position concerning the effects that the Tax Court Resolution would have on taxpayers. Finally, emphasizing the scenario of uncertainty surrounding the figure described, the author urges the creation of appropriate standards that provide legal security to the actors in the market.
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Año:
2018
ISSN:
1995-2929
Sánchez Málaga Carrillo, Armando
Pontificia Universidad Católica del Perú
Resumen
Although the discussion about mens rea is still in an incipient state, English criminal law provides a different perspective of analysis, which establishes inference rules of the mental states before defining the conceptual level. The idea that a theory of mental states will only be satisfactory if it allows or makes viable its application in criminal proceedings can constitute a contribution of English jurisprudential development to the dogmatics of continental criminal law.
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Año:
2018
ISSN:
1995-2929
Prado Bringas, Rafael; Zegarra Valencia, Orestes Francisco
Pontificia Universidad Católica del Perú
Resumen
The objective of this article is to define the legitimacy of the process, as well as to understand the different types of legitimation that have been defined in the doctrine and, consequently, adopted in the Peruvian civil process. Also, it seeks to analyze how the control of this budget should be in the process. It does not intend to settle a controversy, but only to expose our ideas, and try to give this procedural budget a practical purpose, from a reading of it from the Constitution and the general theory of the process.
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Año:
2018
ISSN:
0719-367X
Mont'Alverne, Camila; Hausen, Victor; Henrique Leite, Pedro
Facultad de comunicaciones de la Pontificia Universidad Católica de Chile
Resumen
This article analyzes the coverage of the Brazilian political reforms made by Folha de S. Paulo’s website between 1994 and 2016 by merging the literature in Political Science on this subject and studies in Political Journalism. To do so, we conducted an automated content analysis of 6,038 texts. The results indicate that political reforms are constantly in the journalistic agenda; that some concerns remain during the period, such as discussions about proportional representation, rules related to the party system, and the norms that regulate electoral campaigns, and that although the information and opinion sections have similar agendas, the latter speculates about the party system and the systems of government
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