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

The article develops the concept of good corporate governance and how it has been incorporated into the regulations for companies and, especially, state-owned companies. In this way, the main factors that affect the effectiveness of good corporate governance practices in State companies are explained in comparison to the effectiveness that can occur in companies with purely private shareholders. For this analysis, the case of companies under the scope of FONAFE and Petroperú will be taken as a reference. Finally, proposals are made to improve the development of good corporate governance practices in state companies.

Peru is a diverse country, and traditional knowledge (TK) is found within this diversity. TK is an intellectual product and is part of the identity (culture and values) and the sustainable development of indigenous communities. Based on them, it is possible to generate advances in different sciences, such as medicine and other technologies. However, there is a latent risk of illicit appropriation of this type of knowledge in order to block communities’ access to their own intellectual production (inherent to them). In that sense, the present academic work will focus on studying the way in which the protection of TK is proposed in Peru, analyzing its effectiveness and deficiencies. Likewise, new measures will be proposed for the purpose of complementing and improving the system.

This article deals with the trading of other’s property in Peru as to whether it constitutes a case of invalidity or ineffectiveness of the contract, based on the different jurisprudence and doctrine that has been produced on the matter. This is based on a historical and comparative study of the contract of sale in Roman Law and in the various civil law legislations, including the figure of the sale of another’s property and the treatment of the registry rules. In the case of Peru, the influence of comparative law in the regulation of the sales contract is analyzed and how it has influenced the different interpretation of the sale of another’s property and the registry rules. Additionally, an analysis is made of the different cases of sale and purchase of another’s property, the corresponding remedies, the concordance with the registry rules; and finally, the corresponding conclusions are drawn.

In this paper the author reflects and analyzes the Peruvian regulation and the existing national and foreign doctrine on transnational administrative acts, whether they have been issued by a Peruvian or a foreign Public Administration, and whether or not they are valid and effective in the legal systems where they were not issued. Finally, it raises the possibility of an ad intra normative review both at the legal level and in international treaties.

Currently, according to the latest survey of perception on corruption in Perú corruption is the second biggest problem for the country, the first being citizen insecurity.In recent years, Peru has experienced many corruption scandals closely related to private sector companies, such as the Lava Jato, Club de la Construcción cases, among others; where the participation of public companies under private law such as Petro Perú stands out. For this reason, it is proposed to promote tools such as the governance of the principles of good corporate governance as a mechanism for the prevention of corporate corruption.

By means of this article, the author explains the legal nature of the audit reports or inspection reports, detailing their evidentiary value and the manifestation of the principles of due process, material truth and legitimate exercise of power. To this end, the author starts by developing the nature of the audit activity in the Peruvian legal system and its link with the sanctioning power of the public administration, taking into account the provisions of Chapter II of Title IV on the audit activity in the General Administrative Procedure Law.

Twenty-first century International Human Rights Law calls for States to provide trans people with access to legal mechanisms for obtaining recognition of their gender identity. What conditions should such procedures meet? Which requirements are forbidden nowadays? Do these standards apply to trans children and adolescents? Do they apply to trans foreigners? Do nonbinary identities have a place in these discussions? Bringing together legal perspectives and first-person accounts, this paper offers an exhaustive systematization of the strides forward made in the Universal, inter-American and European systems for the recognition of diverse and dissident gender identities. It also provides concrete examples of the application of these standards in countries that still lack a gender identity law, such as Peru.

How should we treat the creditor who votes induced by motives other than maximizing the recovery of his credit? Or to put it another way: how should we treat a creditor who intends to vote in a Meeting of Creditors knowing that what he will lose in the insolvency proceeding will be gained, even more, by another creditor?.The above questions are just some of the questions that the authors resolve in this article, which, based on an interesting case, offers the reader a clear analysis of the conflict of interest of creditors in bankruptcy in the context of creditors’ meetings in bankruptcy matters.As can be seen throughout the text, in the author’s opinion, in the absence of express regulation on this subject in our General Law of the Insolvency System, the statutory limitations or those established in the General Corporations Law on conflicts of interest are transferable. In this sense, the author suggests as an alternative that the suspension of the conflicted creditor’s voting rights be submitted to the consideration of the Meeting of Creditors. However, beyond the solution that is constructed, it is urgent and important to work on an amendment to the General Law of the Insolvency System in order to address this issue.

The Peruvian Copyright protection regime is attached to a closed system of limitations and exceptions. However, this rigor presents “practical limits” in its application, which do not allow the realization of the purpose of this institution. It will be analyzed how these “practical limits” are presented in the dynamics through the Internet in the case of digital pictorial works. Likewise, we will demonstrate how the rise of transactions through “non-fungible tokens” (NFT) have represented an alternative route to traditional marketing for artist authors in the face of the high diffusion and reproduction of their works on the network. These NFT transactions will demonstrate the ineffectiveness of the traditional protection and incentive of the legal system towards creative, intellectual, and artistic freedom.