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546,196 artículos
Año:
2017
ISSN:
1995-2929
Reyes Menéndez, Valeria
Pontificia Universidad Católica del Perú
Resumen
Around the world, the armed conflicts of recent years have been characterized by including the participation of child soldiers. Children, due to the vulnerability of their short age, suffer in a special manner of the war effects, and often their human rights are violated irreversibly. International Law has a duty to provide effective answers to tackle this situation, ensuring that children can be protected against those risks and that their rights can be guaranteed.
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Año:
2017
ISSN:
1995-2929
Loayza Jordán, Fernando; La Rosa Almenara, Martín
Pontificia Universidad Católica del Perú
Resumen
Prior to the last reform of the transfer pricing regime, only the application of specific valuation methods was allowed, which generated several practical and constitutional problematic issues. These were partially solved with the recent inclusion of a provision that allows the application of “other methods”. This paper analyzes the issues of the previous situation, as well as the solutions presented by the reform and its corresponding limits. Finally, the authors propose several precisions that, in their opinion, should be included in the regulation of the “other methods”.
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Año:
2017
ISSN:
1995-2929
Zelada, Carlos J.; Neyra Sevilla, Carolina
Pontificia Universidad Católica del Perú
Resumen
In the present text, the authors propose a novel methodology for the identification and analysis of the speeches made by plaintiffs and judges in cases of recognition of trans* identities. Both conclude that these actors converge in the process from rigid binary, pathologizing and genitalizing discourses, making very scarce references to the most recent contributions that Law and Social Sciences have made to the understanding of gender identity.
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Año:
2017
ISSN:
1995-2929
Pérez Ragone, Álvaro
Pontificia Universidad Católica del Perú
Resumen
Chiovenda was born in Premosello on February 2, 1872. He studied law at the University of Rome between 1899 and 1893, Vittorio Scialoja was a important influence pursuing that Italian procedural science was in a state of abandonment that needed attention and urged in that sense.From positive law, history, contact with overwhelming German science and aware of the lethargic Spanish and French doctrine encouraged Chiovenda to a comparative and integral formation from the dogmatic and historical.
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Año:
2017
ISSN:
1995-2929
Cavani, Renzo
Pontificia Universidad Católica del Perú
Resumen
In this essay two basic legal concepts, judicial decision and adjudication, are explored in the light of the discipline of Peruvian Civil Procedure Code of 1993 (CPC). This analysis is made from an analyticdogmatic perspective, aiming to show that an adequate use of those concepts is decisive to solve practical problems, foremost in the field of the appeal.
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Año:
2017
ISSN:
1995-2929
Vilchez Garcés, Lidia
Pontificia Universidad Católica del Perú
Resumen
In this article, one of the most important labor law institutions is reviewed, as it is freedom of association and, in return, the clearest statement of its violation: anti-union behavior. The issue highlights complexity, in so far as this type of proscribed behaviors can be realize in different and subtle ways, being of special interest to address the interference of the employer in the administration of the labor union, as well as the difficulties involved in its evidence.
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Año:
2017
ISSN:
1995-2929
Wenczenovicz, Thaís Janaina
Pontificia Universidad Católica del Perú
Resumen
The purpose of this study is understand the violence against indigenous peoples in contemporary Brazil, it is necessary from a systemic and long-term analysis, considering their interrelationship with power. Power used in the process of occupation and settlement, in the disputes over land, or in the process of settlement, acculturation and assimilation. For this analysis it is necessary to understand the violence from the Colonialidade of power, with the independence of the colonies of the Iberian Empires, the colonial power remained.
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Año:
2017
ISSN:
1995-2929
Quiñones, Sergio
Pontificia Universidad Católica del Perú
Resumen
The premise of this paper is that the future of work will define the future of Labour Law, since work is indeed the main object of regulation of such legal discipline. From this perspective, we analyze the mega trends identified by the International Labour Organization that will continue to impact the world of work: globalization, the increase in the dependency rate, technological innovation and, above all, climate change. Likewise, the article addresses the main labor problems still facing Latin American countries, as well as the challenges that are presented in the near future to Peru in order to close the gap between the amount of employment generated in the country and the quality of said employment.
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Año:
2017
ISSN:
1995-2929
Maraví, Milagros
Pontificia Universidad Católica del Perú
Resumen
In this academic article, the author analyzes the administrative simplification mechanisms implemented in the Law of General Administrative Procedure, 27444, as amended by Legislative Decree 1272, and in the recent Law of Prevention and Elimination of Bureaucratic Barriers, Legislative Decree 1256. Thus, it can be seen that both laws have taken into account the recommendations of the Organisation for Economic Co-operation and Development (OECD) in order to (i) alleviate the burdens imposed on the citizens in the development of administrative procedures, (ii) empower the Office of the President of the Council of Ministers in order to implement administrative simplification measures and to monitor compliance by entities, and (iii) eliminate bureaucratic barriers in our legal framework.
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Año:
2017
ISSN:
1995-2929
Payet Puccio, José Antonio
Pontificia Universidad Católica del Perú
Resumen
In this paper, the author focuses on the study of the legal institution of the Open Stock Corporation, analyzing the way how it has been treated in our legislation over time. Furthermore, he analyzes its current regulation in the General Law of Corporations, the Securities Market Law and some isolated legal provisions. Finally, he provides some ideas for the necessary reform of this institution.
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