Revista de Derecho
type: channel
description: It is a scientific journal dedicated to research, reflection and dissemination of the different aspects of Law. With a multidisciplinary approach, it seeks to explore in depth the various branches of law, offering a space for critical analysis of the problems that affect both the academic and professional spheres. Its main objective is to promote legal knowledge, facilitating the exchange of ideas and discussion between academics, students and legal professionals.
publisher: Universidad de Piura
language: en
publication name: Revista de Derecho
issn: 1608-1714
copyright: This jounal and its articles are published under the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International (CC BY-NC-ND 4.0) license, whereby the user is free to: share, copy and redistribute the material in any medium or format, as long as: give credit appropriately, provide a link to the license and indicate if changes have been made; do not use our content for commercial purposes; and / or remix or transform the material.
items: The Application of Liability Recognition in OSIPTEL’s Sectoral Regulation: Assessing the Validity of Restricting the Benefit to a 10% Reduction
items: A New Approach to Internal Investigations as an Essential Component of Prevention Models in Peru
items: When the Contract Is Not the Issue, but the Abusive Clauses: Financial Leasing and the Lost Balance
items: The Former Presidential Lifetime Pension: A Critique of Its Application in Peru
items: Hate Speech in Cyberspace: Vulnerable Groups in the Face of Regulatory Gaps in Peru
items: Comparative Framework between Peruvian and Spanish Environmental Assessment Regulation: Deficiencies, Similarities, and Opportunities for Change
items: From Democratic Erosion to Autocratization: Patterns and Trends in the Twenty-First Century
items: The Reform of Customs Regimes and the Chancay Megaport – A New Pacific Logistics Hub: A Case of Legal Reengineering
items: Moral damage in re ipsa: Using the 'maxims of experience' as a probative placebo.
items: The Legal Nature of Electric Transmission Planning in Peru
items: The environment as a “human family heritage”. Taking seriously legal technical terms
items: The Binding Nature of International Human Rights Court Judgments in Peru: An Interpretation of Article VIII of the New Constitutional Procedural Code
items: Peru and Mexico: The Limited Effectiveness of Inter-American Court Rulings in Cases of Enforced Disappearance
items: On the Methodologies of Private International Law: A Contribution to Their Study within the Framework of the Uruguayan Legal System
items: The Binding Nature of Judicial Plenary Decisions and Their Impact on Peruvian Labor Law
items: The Fundamental of Ethics, en: A. Masferrer, "Criminal Law and Morality in the Age of Consent". Interdisciplinary Perspectives, pp. 171-189
items: Administrative act, nullity of full nullity and crime: An analysis of art. 10.4 of the LPAG
items: A jurisprudential approach to human dignity based on the ontological theory and the theory of the autonomy of will.
items: Suspension of the procedure for the elimination of bureaucratic barriers when legal proceedings are in progress
items: Simple ‘delays’ vs. ‘administrative inactivity’: Notes for the conceptual study of the maximum time limits of administrative procedures and their non-compliance
items: The elephant in the room in the Peruvian Civil Code: a necessary approach to the proof of moral damage
items: Civil liability for damages caused by children and adolescents: problems and proposed solutions in the Peruvian legal context
items: The challenges of the Peruvian Civil Code in the metaverse
items: Implications of including an acknowledgement of parentage clause in the will of parentage clause in the testamentary act
items: If the Code needs to change, let's talk about property and leases
items: Authenticity and integrity in civil electronic contracting: Analysis of its problems and proposal de lege ferenda for its incorporation into the Peruvian Civil Code.
items: Administrative Procedure and the Inter-American Human Rights System. Zulima Sánchez Sánchez
items: Presentation
items: ¿ES CONVENIENTE QUE PERÚ SUSCRIBA LA CONVEMAR? ARGUMENTOS PARA UNA RESPUESTA POSITIVA?
items: LA INTERPRETACIÓN JURÍDICA Y LOS CÁNONES INTERPRETATIVOS EN EL DERECHO CIVIL PERUANO

The Application of Liability Recognition in OSIPTEL’s Sectoral Regulation: Assessing the Validity of Restricting the Benefit to a 10% Reduction
type: item
description: The present investigation is focused on evaluating whether the regulatory regulation of the mitigating condition for recognition of responsibility configured by the Peruvian telecommunications regulatory body constitutes a less favorable condition than that stipulated in the general law of Peruvian administrative procedure. Through a dogmatic analysis, an evaluation has been made on the limitation of the 10% reduction percentage applied by the regulatory body that contrasts with the 50% reduction threshold established by the general legislative framework, which has led to conclude that the treatment provided by the regulatory agency is not in accordance with the legal system, since it establishes a restriction that empties of content the provision stipulated in the general law of Peruvian administrative procedure that allows a reduction of up to 50% of the sanction when the offender recognizes his responsibility expressly and in writing.
subject: ARTÍCULOS
  topic: section
subject: Sanctioning Administrative Law
  topic: keywords
subject: administrative procedure
  topic: keywords
subject: administrative responsability
  topic: keywords
subject: mitigating responsability
  topic: keywords
subject: recognition of responsability
  topic: keywords
creator: Gianpierre Valverde Encarnación
creator: Estefany Carrera Espinoza
rights: Copyright (c) 2025 Revista de Derecho
date: 2025-12-11
publication date: 2025-12-11
starting page: 611
ending page: 652
doi: 10.26441/RD-4076

A New Approach to Internal Investigations as an Essential Component of Prevention Models in Peru
type: item
description: This paper examines internal investigations as an essential component of prevention models established under Law 30424 in Peru. Since the implementation of this regulation in 2017, supplemented by its 2019 decree, legal entities are required to adopt compliance programs or prevention models, known as Criminal Compliance, to mitigate the risks of criminal offenses. A key element of these models is the whistleblowing procedure, which includes internal investigations designed to identify crime indicators and ensure the validity of results. The study underscores the need to distinguish internal investigations from criminal investigations. The former are private, voluntary, and focused on organizational learning, while the latter are public, mandatory, and conducted by the Public Prosecutor’s Office with punitive and legal liability objectives. A paradigm shift is proposed to view internal investigations as tools for continuous improvement aimed at preventing misconduct, strengthening compliance culture, and ensuring the protection of fundamental rights of those involved. Finally, the paper highlights the complementary role of internal investigations in criminal processes and their capacity to foster internal trust by alleviating fears of disproportionate retaliation. This contributes to the strengthening of corporate integrity and organizational transparency.
subject: ARTÍCULOS
  topic: section
subject: compliance
  topic: keywords
subject: crime prevention models
  topic: keywords
subject: internal investigations
  topic: keywords
subject: criminal investigations
  topic: keywords
creator: Javier Eduardo López Romani
rights: Copyright (c) 2025 Revista de Derecho
date: 2025-12-11
publication date: 2025-12-11
starting page: 406
ending page: 452
doi: 10.26441/RD-4082

When the Contract Is Not the Issue, but the Abusive Clauses: Financial Leasing and the Lost Balance
type: item
description: This article examines the regulatory mechanisms aimed at controlling abusive clauses in financial leasing contracts in Peru. The analysis focuses on the role of administrative, judicial, and arbitral authorities, with particular attention to the deficiencies in protecting the lessee, irrespective of their status as a consumer. Using a qualitative methodology, a systematic study is conducted of the main regulatory sources—including Legislative Decree N°. 299, the Civil Code, and the Consumer Protection and Defense Code—along with specialized doctrine and jurisprudential criteria. The diagnosis reveals that the current control system is fragmented, reactive, and ineffective. This fragmentation stems from the coexistence of entities with distinct competencies, such as the Superintendence of Banking, Insurance and Pension Fund Administrators, Indecopi, the Judiciary, and arbitration, which operate without a coordinated approach. Furthermore, its reactive nature means it is primarily activated ex post—that is, after the harm has already occurred. Additionally, its ineffectiveness is evident due to minimal preventive or ex ante control by the SBS, which fails to conclusively mitigate the power imbalance between the parties. Based on this diagnosis, reform proposals are put forward to prevent the use of abusive clauses and improve transparency. The objective is to contribute to a more equitable regulation that balances contractual freedom with the protection of the adhering party.
subject: ARTÍCULOS
  topic: section
subject: Financial leasing
  topic: keywords
subject: abusive clauses
  topic: keywords
subject: mass contracting
  topic: keywords
subject: civil law
  topic: keywords
subject: consumer law
  topic: keywords
creator: Fátima Del Rosario Medina Neyra
rights: Copyright (c) 2025 Revista de Derecho
date: 2025-12-11
publication date: 2025-12-11
starting page: 453
ending page: 522
doi: 10.26441/RD-40821

The Former Presidential Lifetime Pension: A Critique of Its Application in Peru
type: item
description: The pension or periodic economic benefit granted to a person for reasons such as retirement is a pension benefit that falls under social security, although its origins are closely related to labor law, and specifically to the nature of work and the worker. In this context, after reviewing its history and antecedents in Peru and in comparative law, which led to the establishment of a lifetime pension for former constitutional presidents in 1995 through Law N°. 26519, the objective of this work is to determine whether the lifetime pension, as such, constitutes a right derived from the work performed by a president of the Republic for the nation, or whether, on the contrary, it is simply a recognition of presidential dignity; regardless of whether this dignity has been called into question or undermined as a consequence of the beneficiary's performance during their presidential term. We are interested in knowing what path this "right" or "benefit" has taken and whether, in any way, it has responded to the spirit that guided the law. Thus, we will study the legal nature of the lifetime pension, and its close correspondence with labor law and we will also address the figure of the former president of the Republic and his relationship with the quality of worker, contributing to the generation of a pension right, but also with the activity, properly, of government, within the framework of public administration, and, finally, we will review whether the lifetime pension should correspond to the presidential dignity.
subject: ARTÍCULOS
  topic: section
subject: Presidency
  topic: keywords
subject: law
  topic: keywords
subject: pension
  topic: keywords
creator: Washington Luis Bravo Montalvo
rights: Copyright (c) 2025 Revista de Derecho
date: 2025-12-11
publication date: 2025-12-11
starting page: 83
ending page: 141
doi: 10.26441/RD-4089

Hate Speech in Cyberspace: Vulnerable Groups in the Face of Regulatory Gaps in Peru
type: item
description: This article addresses the analysis of hate speech in cyberspace, with emphasis on its impact on vulnerable groups in Peru and the inadequacy of the current regulatory framework to address it. Factors such as anonymity, online disinhibition and the recommendation algorithms of digital platforms have facilitated its proliferation. Although Peruvian regulations criminalize certain acts of discrimination, they do not specifically address hate speech in digital environments. The article concludes with a call to establish a clear, comprehensive legal framework aligned with international standards, including proportional sanctions, preventive strategies, digital education and protection mechanisms for affected groups.
subject: ARTÍCULOS
  topic: section
subject: Hate speech
  topic: keywords
subject: cyberspace
  topic: keywords
subject: vulnerable groups
  topic: keywords
subject: freedom of expression
  topic: keywords
creator: Melissa Stefany Carlin Chiroque
creator: Juan Carlos Jara Luna
rights: Copyright (c) 2025 Revista de Derecho
date: 2025-12-11
publication date: 2025-12-11
starting page: 375
ending page: 405
doi: 10.26441/RD-4092

Comparative Framework between Peruvian and Spanish Environmental Assessment Regulation: Deficiencies, Similarities, and Opportunities for Change
type: item
description: The aim of this paper is to use a comparative study with Spanish legislation to highlight the main scope and instruments of the national environmental impact assessment procedure and system (SEIA) in a context of technological evolution and climate emergency. With the European legal system as a guide, the aim is not only to identify the strengths of our regulations, but also to detect regulatory gaps and provisions that are ineffective and incompatible with the aforementioned context. In this way, based on empirical evidence and comparative law experience, the reader will be invited to reflect and, raising the need to initiate a feedback process, we will offer a series of proposals for regulatory improvement in order to adapt the provisions of the SEIA to an era where, on the one hand, exponential scientific and technological progress prevails and, on the other, the warning of a climate emergency era arises.
subject: ARTÍCULOS
  topic: section
subject: Environmental impact assessment
  topic: keywords
subject: precautionary principle
  topic: keywords
subject: best scientific knowledge
  topic: keywords
subject: legal certainty
  topic: keywords
subject: sustainable development
  topic: keywords
creator: Jesús Barahona
rights: Copyright (c) 2025 Revista de Derecho
date: 2025-12-11
publication date: 2025-12-11
starting page: 12
ending page: 82
doi: 10.26441/RD-1FS

From Democratic Erosion to Autocratization: Patterns and Trends in the Twenty-First Century
type: item
description: Democratic erosion emerges as a complex global phenomenon that demands a critical analysis of its relationship with the rise of autocratic regimes. This article investigates how this democratic decline fosters autocratization, questioning whether immune democracies exist and how institutions can maintain their resilience in the face of crises. Through a qualitative literature review, contemporary patterns are analyzed, such as the backsliding in Hungary and polarization in the United States, which reveal structural vulnerabilities: institutional weakness, socioeconomic inequalities, and the instrumentalization of the political system. The study is organized into four axes: (1) the scope of erosion, demonstrating that even consolidated democracies are not exempt; (2) its historical and economic roots; (3) the turning point at which erosion becomes a deliberate autocratic project, analyzing the “qualitative leap” that transforms institutional decay into a strategy of power capture; and (4) resistance strategies, where an “architecture of democratic resilience” based on proactive civic vigilance is proposed. It is concluded that erosion arises from interrelated factors, from legacies of exclusion to current dynamics of polarization, and that autocratization represents a contingent risk, not an inevitable one, to the extent that institutional responses and citizen mobilization are effective. Thus, the article systematizes contemporary threats to democracy and articulates a model of active resilience for its sustainability.
subject: ARTÍCULOS
  topic: section
subject: Democratic erosión
  topic: keywords
subject: autocratization
  topic: keywords
subject: institutional resilience
  topic: keywords
subject: political polarization
  topic: keywords
creator: Valter Geronimo Camilo Junior
rights: Copyright (c) 2025 Revista de Derecho
date: 2025-12-11
publication date: 2025-12-11
starting page: 182
ending page: 207
doi: 10.26441/RD-4086

The Reform of Customs Regimes and the Chancay Megaport – A New Pacific Logistics Hub: A Case of Legal Reengineering
type: item
description: At the end of 2024, the Chancay Multipurpose Port Terminal (hereinafter TPMP Chancay) was inaugurated with the participation of Chinese President Xi Jing Ping, managed by the company Cosco Shipping with Chinese and Peruvian capital. This megaport was established as the final destination of the so-called "New Silk Road" which would be traveled by post-Panamax ships that would leave mainly from the megaport of Shanghai in China, reducing the journey between Asia and America more than 10 days, turning Chancay into a hub port where most of the arrived cargo would be distributed to the rest of America and the world. This mega-project not only brought commercial and economic effects but also legal ones, insofar as customs controls in Chancay would not be limited to the traditional customs regimes of import and export but mainly to those of storage and transit, for the distribution of cargo to the rest of Latin America and to the export promotion regimes, so that Peru can benefit from this mega-project as a platform for the improvement of its exportable supply. In this article, the author analyzes the legal treatment of Customs Regimes in the face of the new scenario created by the Chancay TPMP and the modifications that had to be made to customs legislation to create the appropriate legal framework to make customs control viable without affecting the commercial and economic operation of this work, in accordance with the principle of facilitation.
subject: ARTÍCULOS
  topic: section
subject: Chancay
  topic: keywords
subject: customs regimes
  topic: keywords
subject: transit
  topic: keywords
subject: warehouse
  topic: keywords
subject: export
  topic: keywords
creator: Edgar Fernando Cosio Jara
rights: Copyright (c) 2025 Revista de Derecho
date: 2025-12-11
publication date: 2025-12-11
starting page: 208
ending page: 245
doi: 10.26441/RD-2CE

Moral damage in re ipsa: Using the 'maxims of experience' as a probative placebo.
type: item
description: Moral damage has long been regarded as a type of harm that is difficult to prove, due to its mental, subjective, and transient nature. To avoid the demand for direct evidence, legal doctrine and case law have promoted its treatment as damage in re ipsa, inferring its existence through the use of maxims of experience. In these inferential operations, maxims of experience function as tools to connect the occurrence of certain known facts with the unknown and unproven existence of emotional suffering constituting the moral damage. However, this paper argues that such maxims often fail to meet the epistemic requirements that would justify their application, instead operating as probative placebos: they “legitimize” decisions by simulating correctness, without satisfying the minimum conditions for rational use.
subject: ARTÍCULOS
  topic: section
subject: moral damage
  topic: keywords
subject: tort law
  topic: keywords
subject: evidence
  topic: keywords
subject: maxims of experience
  topic: keywords
subject: evidentiary
  topic: keywords
subject: reasoning
  topic: keywords
creator: Carlos Adrián Daza Lozada
rights: Copyright (c) 2025 Revista de Derecho
date: 2025-12-11
publication date: 2025-12-11
starting page: 246
ending page: 285
doi: 10.26441/RD-4096

The Legal Nature of Electric Transmission Planning in Peru
type: item
description: The transmission plan includes binding projects approved by the Ministry of Energy and Mines, which must be implemented over a 10-year period to ensure the quality, safety and efficiency of the national electricity system. This planning is carried out within the framework of the state duty to ensure the efficiency and continuity of the electricity supply. This document evaluates the criteria of generality, innovation and consumption to determine whether the transmission plan is a normative or administrative act. The general character of the plan is reviewed in accordance with these criteria, which does not necessarily determine whether it is a rule or an administrative act, since there are acts that have a general character and rules with particular application. The plan is also derived from a law, but requires other acts to be implemented. Finally, the plan is ended by fulfilling its purpose, which is the execution of binding projects, a situation that brings it closer to being an administrative act; in addition to being approved following an administrative procedure and falling within the definition of an administrative act. We concluded that, despite certain particularities, the transmission plan fits within the concept of administrative act as far as binding projects are concerned, and can therefore be challenged through administrative appeals and reviewed judicially. It also applies the concept of revocation in cases referred to when the conditions required for its issuance occur or elements that favor the addressee of the act and do not harm third parties.
subject: ARTÍCULOS
  topic: section
subject: Electrical transmission
  topic: keywords
subject: interconnected electrical system
  topic: keywords
subject: electric power
  topic: keywords
subject: electricity
  topic: keywords
subject: transmission plan
  topic: keywords
creator: Edwar Rafael Díaz Villanueva
rights: Copyright (c) 2025 Revista de Derecho
date: 2025-12-11
publication date: 2025-12-11
starting page: 286
ending page: 324
doi: 10.26441/RD-4077

The environment as a “human family heritage”. Taking seriously legal technical terms
type: item
description: This article argues that the natural environment should be understood in legal terms as the family heritage of humanity. Recognizing the environment in this way helps to resolve several doctrinal challenges in intergenerational justice and carries significant implications for both national and international law. Drawing on the biblical account of the cosmos given to Adam and Eve, and exploring parallels in Catholic social teaching, Roman law, Indigenous cosmologies, and modern international treaties, this study identifies a persistent yet under-developed legal logic that treats nature as an intergenerational patrimony. After delineating the concept of family heritage and outlining its key characteristics (such as collective ownership, purpose orientation, protection of essential goods, and public-order status), this article presents ten normative consequences. These include: applying a parental standard of environmental stewardship, prioritizing the protection of vulnerable family members, establishing a duty to preserve and enhance common wealth (the heritage), reframing the concept of private property, and expanding the international law principle of “common heritage of humanity”. This article concludes that, from a legal standpoint, how the environment should be treated as part of humanity’s family heritage.
subject: ARTÍCULOS
  topic: section
subject: Environmental law
  topic: keywords
subject: family patrimony
  topic: keywords
subject: intergenerational justice
  topic: keywords
subject: common heritage of humanity
  topic: keywords
subject: public order
  topic: keywords
creator: Juan Carlos Riofrío Martínez-Villalba
rights: Copyright (c) 2025 Revista de Derecho
date: 2025-12-15
publication date: 2025-12-15
starting page: 578
ending page: 610
doi: 10.26441/RD-1LSI

The Binding Nature of International Human Rights Court Judgments in Peru: An Interpretation of Article VIII of the New Constitutional Procedural Code
type: item
description: The most recent amendment to Article VIII of the Preliminary Title of the New Constitutional Procedural Code introduces a change in the wording of the provision concerning the binding nature of international human rights court judgments with respect to the Peruvian State. This legal provision requires an interpretation that allows for the formulation of a constitutionally valid legal norm. Through constitutional interpretation and an analysis of the Peruvian legal framework regarding the binding force of international human rights court judgments, this paper seeks to determine what possible meanings may be attributed to the aforementioned provision and whether, under any of them, its constitutionality can be justified.
subject: ARTÍCULOS
  topic: section
subject: Constitutional interpretation
  topic: keywords
subject: judgments
  topic: keywords
subject: international human rights courts
  topic: keywords
subject: constitutional validity
  topic: keywords
subject: conventional norms
  topic: keywords
creator: Marcelo Villanueva Bazán
creator: Luis Castillo Córdova
rights: Copyright (c) 2025 Revista de Derecho
date: 2025-12-11
publication date: 2025-12-11
starting page: 653
ending page: 684
doi: 10.26441/RD-2FS

Peru and Mexico: The Limited Effectiveness of Inter-American Court Rulings in Cases of Enforced Disappearance
type: item
description: This article, based on a qualitative methodology, examines all rulings issued by the Inter-American Court of Human Rights on enforced disappearance—both condemnatory judgments and compliance supervision decisions—complemented by a documentary review of specialized doctrinal sources. Its aim is to assess the effectiveness of the implementation of these rulings by analyzing the reparative measures ordered to the States of Peru and Mexico. It also addresses the contexts in which these crimes have occurred, identifying persistent patterns of state resistance and governmental indifference to international obligations. From this perspective, it explores the structural causes of non-compliance and proposes alternatives to foster a more effective implementation of the conventional commitments undertaken, in pursuit of justice and the comprehensive reparation of victims.
subject: ARTÍCULOS
  topic: section
subject: enforced disappearance
  topic: keywords
subject: noncompliance
  topic: keywords
subject: reparatory measures
  topic: keywords
subject: sentences
  topic: keywords
subject: states
  topic: keywords
creator: José Jafet Noriega Zamudio
creator: Diego Abraham Nuñez Aguirre
rights: Copyright (c) 2025 Revista de Derecho
date: 2025-12-11
publication date: 2025-12-11
starting page: 523
ending page: 577
doi: 10.26441/RD-3971

On the Methodologies of Private International Law: A Contribution to Their Study within the Framework of the Uruguayan Legal System
type: item
description: The various multinational situations, i.e., those private relationships with foreign elements susceptible to regulation by Private International Law, can be dealt with by means of different techniques and methods, according to the fair solutions that the legislator considers appropriate for each particular case. In our discipline, this issue is known as “the question of methods”. The present research aims to carry out a detailed analysis of the three main methods of resolution in the field of Private International Law, with a special focus on the Uruguayan legal framework. In Uruguay, most of the provisions follow the conflict method in its bilateral form, as established in the Montevideo treaties of 1889 and 1940 and in various inter-American conventions. However, with the enactment of Law 19.920, a significant methodological renewal is introduced in the treatment of multinational cases, incorporating rules of immediate or necessary application and adopting unilateral criteria. Thus, a study of the question of methods in the light of this new regulation, which represents an advance in the Uruguayan approach to international private relations, is indispensable.
subject: ARTÍCULOS
  topic: section
subject: territorialism
  topic: keywords
subject: rules of immediate or necessary application
  topic: keywords
subject: bilateral conflictualism
  topic: keywords
subject: unilateral
  topic: keywords
subject: lex fori
  topic: keywords
creator: Alejandro Matías Ferreira Marino
creator: Verónica Pereira Fantoni
rights: Copyright (c) 2025 Revista de Derecho
date: 2025-12-11
publication date: 2025-12-11
starting page: 325
ending page: 374
doi: 10.26441/RD-3848

The Binding Nature of Judicial Plenary Decisions and Their Impact on Peruvian Labor Law
type: item
description: The Peruvian legal system incorporates diverse judicial pronouncements—ranging from Constitutional Court rulings to Plenary Sessions (Plenos) of the Supreme Court—with varying degrees of binding authority. In labor law, these pronouncements become especially relevant due to the rapid evolution of employment relationships and the need to protect vulnerable workers. This paper examines the mechanisms designed to ensure jurisprudential uniformity: constitutional precedents, Supreme Court casatory precedents, and Judicial Plenary Sessions (Plenos). Particular emphasis is placed on the recent reforms introduced by Law N°. 31591, which grants binding force to Supreme Plenary Agreements, transforming them into a pivotal reference for lower courts. By exploring both the legal framework and practical challenges, the study highlights how judges and litigators must distinguish between truly binding precedents and non-binding guidelines. Furthermore, it stresses the importance of continuous legal training and critical assessment of each case to maintain consistency while allowing for necessary flexibility. Ultimately, the findings underscore that a balanced and well-informed application of precedents not only prevents contradictory decisions but also fortifies the rule of law, promoting a fair and predictable judicial environment that benefits workers, employers, and the broader community.
subject: ARTÍCULOS
  topic: section
subject: Labor law, jurisprudence, precedents, Plenary Sessions.
  topic: keywords
creator: Francisco Arturo Carrasco Cabezas
rights: Copyright (c) 2025 Revista de Derecho
date: 2025-12-11
publication date: 2025-12-11
starting page: 142
ending page: 181
doi: 10.26441/RD-3838

The Fundamental of Ethics, en: A. Masferrer, "Criminal Law and Morality in the Age of Consent". Interdisciplinary Perspectives, pp. 171-189
type: item
description: A doctrine concerning the foundations of ethics must be regarded as a reflection upon Natural Law. It is indeed possible to discuss principles or values deemed to hold particular significance, often referred to as superior or democratic values. Nonetheless, such values do not constitute a solid foundation, as it is well established that numerous values of this nature have experienced a decline in relevance in recent years. For instance, the United Nations (UN) has recently urged States to adopt measures ensuring that religious denominations comply with LGTBI legislation. The doctrinal basis of Natural Law was formulated during the 13th and 14th centuries, initially by Thomas Aquinas and subsequently by John Duns Scotus. Nominalist philosophers, such as Scotus, conceived realities akin to contemporary values, asserting that the moral principles that should inform the law are mental constructs inherently present in human reason. Francisco Suárez, adhering to nominalist principles, introduced this theory into the Modern Era in the early 17th century. The explanation proffered by Thomas Aquinas did not achieve widespread acceptance, possibly due to a deficiency in comprehensive study, and eventually fell into obscurity. In the culmination of this historical process, the notion of Natural Law as an eternal and immutable ordinance prevailed, on the basis that, as Suárez elucidated, "God cannot contradict Himself." Shortly thereafter, adherents emphasized, albeit with limited nuance, the strictly metaphysical foundation of Natural Law.
subject: ARTÍCULOS
  topic: section
subject: Natural Law
  topic: keywords
subject: higher values
  topic: keywords
subject: ethics
  topic: keywords
creator: Francisco Carpintero Benítez
rights: Copyright (c) 2024 Revista de Derecho
date: 2024-12-04
publication date: 2024-12-04
starting page: 12
ending page: 46
doi: 10.26441/RD24.1-2024-AR1

Administrative act, nullity of full nullity and crime: An analysis of art. 10.4 of the LPAG
type: item
description: After a brief exposition of the status quaestionis of the theory of the invalidity of administrative acts in the LPAG, the main objective of this paper is to carry out a detailed study of the cause of full nullity concerning administrative acts constituting a crime or dictated as a consequence of it, set out in art. 10.4 LPAG. On the one hand, it studies the material requirements that must be met by the act and, on the other hand, it examines the role that criminal jurisdiction can play, as well as its limits, when declaring the full nullity of the administrative act on this ground.
subject: ARTÍCULOS
  topic: section
subject: nullity
  topic: keywords
subject: administrative act
  topic: keywords
subject: crime
  topic: keywords
creator: Alberto Picón Arranz
rights: Copyright (c) 2024 Revista de Derecho
date: 2024-12-04
publication date: 2024-12-04
starting page: 47
ending page: 79
doi: 10.26441/RD24.1-2024-AR2

A jurisprudential approach to human dignity based on the ontological theory and the theory of the autonomy of will.
type: item
description: The purpose of this article is to provide an analysis of human dignity based on the jurisprudence of the Supreme Court of Justice of the Argentine Nation. It will be observed that there are at least two theories that attempt to define it, with distinct consequences in their application: the theory of ontological dignity and the theory of phenomenological or ethical dignity. It will become apparent that the effects sought in determining rights vary depending on which conception is adhered to. This differentiation in its use suggests that human dignity emerges as a concept of discretionary application due to its lack of foundation by the judges. To carry out this analysis, a series of judicial rulings related to the health sector will be considered, as they involve fundamental rights that allow for an in-depth examination of the concept in question.
subject: ARTÍCULOS
  topic: section
subject: human dignity
  topic: keywords
subject: human rights
  topic: keywords
subject: philosophical foundations
  topic: keywords
subject: jurisprudence
  topic: keywords
creator: Erman Tejeda Barbarito
rights: Copyright (c) 2024 Revista de Derecho
date: 2024-12-04
publication date: 2024-12-04
starting page: 80
ending page: 122
doi: 10.26441/RD24.1-2024-AR3

Suspension of the procedure for the elimination of bureaucratic barriers when legal proceedings are in progress
type: item
description: The authors analyze the suspension of the procedure for the elimination of bureaucratic barriers when a judicial process is pending, taking as a reference the administrative procedure through which the prohibition of using outsourcing for activities that make up the "core business" is questioned. In this regard, they explain the reasons why it is considered that the mere existence of a pending judicial process should not justify the suspension of the administrative procedure, provided that the administrative authority has elements that allow it to prove that, regardless of what is resolved in judicial proceeding, an illegal and/or unreasonable bureaucratic barrier has been established that must be disapplied in favor of citizens and economic agents in the country.
subject: ARTÍCULOS
  topic: section
subject: Supreme Decree N° 001-2022-TR
  topic: keywords
subject: labor outsourcing
  topic: keywords
subject: bureaucratic barriers
  topic: keywords
subject: suspension of administrative procedure
  topic: keywords
subject: judicial process
  topic: keywords
creator: Milagros Maraví Sumar
creator: Sheyla Llacza Romero
rights: Copyright (c) 2024 Revista de Derecho
date: 2024-12-04
publication date: 2024-12-04
starting page: 123
ending page: 174
doi: 10.26441/RD24.1-2024-AR4

Simple ‘delays’ vs. ‘administrative inactivity’: Notes for the conceptual study of the maximum time limits of administrative procedures and their non-compliance
type: item
description: The author addresses key ideas for a conceptual study of the 'legal term' and the 'reasonable term' in prior-evaluation administrative proceedings, to associate them with the concepts of mere ‘delays’ and ‘administrative inactivity’. A series of opportunities for legislative improvements to the national general administrative regulations as well as for a shift of paradigms regarding the administrative proceeding itself are identified.
subject: ARTÍCULOS
  topic: section
subject: Public Administration
  topic: keywords
subject: administrative proceeding
  topic: keywords
subject: legal term
  topic: keywords
subject: reasonable term
  topic: keywords
subject: administrative inactivity
  topic: keywords
creator: Ernesto José Saavedra Bazán
rights: Copyright (c) 2024 Revista de Derecho
date: 2024-12-04
publication date: 2024-12-04
starting page: 175
ending page: 232
doi: 10.26441/RD24.1-2024-AR5

The elephant in the room in the Peruvian Civil Code: a necessary approach to the proof of moral damage
type: item
description: Legal institutions often receive an endogenous treatment that manifests on two levels. On one hand, legal institutions are frequently conceptualized from within the law itself and by legal practitioners, without considering other fields of knowledge that could offer more specific insights into the subject matter. On the other hand, within the legal field, institutions are often developed in isolation: substantive legal institutions are studied without considering the procedural and evidentiary implications that arise from defining them in one way or another. The institution of moral damage in the Peruvian Civil Code is certainly not immune to these issues. This essay, therefore, aims firstly to highlight the unsatisfactory way in which moral damages have been addressed, as the definitions and approaches to this institution have often been disconnected from its evidentiary aspects and its relationship to other sciences, such as psychology. Secondly, it seeks to present several starting points for a more comprehensive conceptualization of moral damages, taking into account evidentiary factors, which are crucial to making this institution effective for compensatory purposes.
subject: 40° ANIVERSARIO DEL CÓDIGO CIVIL PERUANO
  topic: section
subject: moral damages
  topic: keywords
subject: civil liability
  topic: keywords
subject: evidentiary reasoning
  topic: keywords
subject: evidence
  topic: keywords
subject: emotions
  topic: keywords
creator: Carlos Adrián Daza Lozada
rights: Copyright (c) 2024 Revista de Derecho
date: 2024-12-04
publication date: 2024-12-04
starting page: 235
ending page: 270
doi: 10.26441/RD24.1-2024-CD2

Civil liability for damages caused by children and adolescents: problems and proposed solutions in the Peruvian legal context
type: item
description: The article examines civil liability for damages caused by minors and adolescents in Peru, an issue that has intensified following the repeal of Article 1975 of the Civil Code by Legislative Decree 1384. The repealed article established the joint and several liabilities of parents or legal representatives. Currently, under Article 458 of the Civil Code, both minors and adolescents are civilly liable for the damages they cause, provided they act with discernment. However, the lack of patrimonial resources of minors and adolescents complicates the enforceability of reparations, leaving victims unprotected. The objectives of this study are to clarify who should bear civil liability for reparations and to explore the implications of the repeal. The methodology includes a historical and normative analysis of Peruvian legislation showing that the liability of parents and representatives has been recognized in all civil codifications since 1852. Thus, the study proposes the reintroduction of Article 1975, which would restore the joint and several liabilities of parents or representatives, thereby facilitating both the enforceability of reparations and certainty for victims.
subject: 40° ANIVERSARIO DEL CÓDIGO CIVIL PERUANO
  topic: section
subject: civil liability of children and adolescents
  topic: keywords
subject: damage
  topic: keywords
subject: civil compensation
  topic: keywords
subject: joint and several liability
  topic: keywords
subject: discernment
  topic: keywords
creator: Frank Carlos Caballero Zavala
rights: Copyright (c) 2024 Revista de Derecho
date: 2024-12-04
publication date: 2024-12-04
starting page: 271
ending page: 296
doi: 10.26441/RD24.1-2024-CD3

The challenges of the Peruvian Civil Code in the metaverse
type: item
description: The main objective of this essay is to analyse the challenges faced by the Peruvian Civil Code in the face of the advance of cyberspace and, in particular, the metaverse. It aims to identify how this body of law must evolve in order to respond to the new technological realities and to ensure adequate protection of rights in the digital environment. The research is carried out from a positivist approach and employs a documentary methodology, based on doctrinal, jurisprudential and normative analysis. The essay contains a brief explanation of the history of the normative body, jurisprudential and doctrinal development, providing a historical and legal context for the understanding of current problems. Then, for a better understanding, some figures that make this type of technology possible will be identified, as well as the repercussions on various legal institutions together with proposals for amendments. Concluding with the planning of critical questions on the challenge that the metaverse represents for the Peruvian Civil Code and invites reflection on the need to update and adapt current regulations to maintain the coherence and effectiveness of the Law in constant progress.
subject: 40° ANIVERSARIO DEL CÓDIGO CIVIL PERUANO
  topic: section
subject: Metaverse
  topic: keywords
subject: cyberspace
  topic: keywords
subject: Civil Code
  topic: keywords
subject: legal challenges
  topic: keywords
subject: normative adaptation
  topic: keywords
creator: María Celeste Vásquez Palacios
rights: Copyright (c) 2024 Revista de Derecho
date: 2024-12-04
publication date: 2024-12-04
starting page: 297
ending page: 339
doi: 10.26441/RD24.1-2024-CD4

Implications of including an acknowledgement of parentage clause in the will of parentage clause in the testamentary act
type: item
description: This paper examines the implications of a testator including a testamentary clause that acknowledges parentage. The issue arises due to the fundamentally revocable nature of wills contrasted with the irrevocable character of an acknowledgment of parentage. Key questions include whether such a clause can be revoked as part of a revocable document and when the acknowledgment takes effect—whether upon declaration or only after the testator’s death. The analysis focuses on relevant provisions of the Civil Code, aiming to provide a solution consistent with legal principles and regulatory frameworks.
subject: 40° ANIVERSARIO DEL CÓDIGO CIVIL PERUANO
  topic: section
subject: will
  topic: keywords
subject: parentage
  topic: keywords
subject: effects
  topic: keywords
subject: condition
  topic: keywords
subject: revocability
  topic: keywords
creator: Ingrid Dayhanna Nuñez Seminario
rights: Copyright (c) 2024 Revista de Derecho
date: 2024-12-04
publication date: 2024-12-04
starting page: 340
ending page: 369
doi: 10.26441/RD24.1-2024-CD5

If the Code needs to change, let's talk about property and leases
type: item
description: Within the framework of the commemoration of the forty years of the Peruvian Civil Code, this essay analyses the legal institutions of property, acquisitive prescription and leasing contracts to demonstrate the need for a systematic interpretation of the code, evidencing the need for certain reforms and amendments in this body of law, proposing a series of changes in four articles.
subject: 40° ANIVERSARIO DEL CÓDIGO CIVIL PERUANO
  topic: section
subject: Civil Patrimonial Law
  topic: keywords
subject: transfer of property
  topic: keywords
subject: lease contract
  topic: keywords
subject: real estate
  topic: keywords
creator: Carlos Andrés Arbulú Mansilla
rights: Copyright (c) 2024 Revista de Derecho
date: 2024-12-04
publication date: 2024-12-04
starting page: 370
ending page: 391
doi: 10.26441/RD24.1-2024-CD6

Authenticity and integrity in civil electronic contracting: Analysis of its problems and proposal de lege ferenda for its incorporation into the Peruvian Civil Code.
type: item
description: The author examines the issue of authenticity and integrity in electronic communication and its impact on civil contracts. Among the solutions proposed by Peruvian law regarding the treatment of electronic contracts, the contribution provided by the second paragraph of Article 51 of the Commercial Code stands out. This Article, understood in a broad and general sense, can be applied to current electronic contracts. Additionally, the author proposes incorporating a similar provision into the Peruvian Civil Code to ensure the reliability of informal civil contracts.
subject: 40° ANIVERSARIO DEL CÓDIGO CIVIL PERUANO
  topic: section
subject: authenticity
  topic: keywords
subject: integrity
  topic: keywords
subject: e-contracts
  topic: keywords
subject: e-signatures
  topic: keywords
subject: digital signature
  topic: keywords
creator: Liliana Katherine Cordero Mendoza
rights: Copyright (c) 2024 Revista de Derecho
date: 2024-12-04
publication date: 2024-12-04
starting page: 392
ending page: 415
doi: 10.26441/RD24.1-2024-CD7

Administrative Procedure and the Inter-American Human Rights System. Zulima Sánchez Sánchez
type: item
description: The study of the procedure as a true legal institution is still under construction and Professor Sánchez's book is added to this purpose. This work consolidates, systematises and abstracts the bases of the jurisprudence of the Inter-American Human Rights System in relation to administrative procedure as a tool for controlling the actions of the public administration.
subject: RECENSIÓN
  topic: section
creator: Diego Enrique Méndez Vásquez
rights: Copyright (c) 2024 Revista de Derecho
date: 2024-12-04
publication date: 2024-12-04
starting page: 418
ending page: 421
doi: 10.26441/RD24.1-2024-R1

Presentation
type: item
description: This year marks the 40th anniversary of the Peruvian Civil Code, enacted in 1984, which has regulated legal relations in the country, promoting respect for fundamental rights and contributing to a fairer society. Throughout these four decades, the Code has been fundamental in the construction of Civil Law institutions, adapting to social changes and responding to new needs. In this context, the Faculty of Law of the University of Piura organised the First Legal Essay Competition with the aim of encouraging research and reflection on the impact of the Civil Code on today's society. The essays address technical and normative aspects of the Code, its relationship with other branches of law and its adaptation to contemporary social and technological realities, including proposals for reform.
subject: 40° ANIVERSARIO DEL CÓDIGO CIVIL PERUANO
  topic: section
subject: 40th anniversary
  topic: keywords
subject: Peruvian Civil Code
  topic: keywords
subject: reforms
  topic: keywords
creator: Mateo Gomez Matos
creator: Maricela Gonzales Pérez de Castro
creator: Patricia Lescano Feria
rights: Copyright (c) 2024 Revista de Derecho
date: 2024-12-04
publication date: 2024-12-04
starting page: 233
ending page: 234
doi: 10.26441/RD24.1-2024-CD1

¿ES CONVENIENTE QUE PERÚ SUSCRIBA LA CONVEMAR? ARGUMENTOS PARA UNA RESPUESTA POSITIVA?
type: item
description: This paper aims to describe the role of Peru in the Law of the Sea and provide an opinion on whether it is convenient for Peru to sign the United Nations Convention on the Law of the Sea of 1982 (UNCLOS). To do this, a brief historical review of the Law of the Sea is made, within which the role of Peru as a pioneer country in the thesis of the 200 nautical miles is highlighted. Subsequently, the circumstances in which UNCLOS originated and what this convention establishes are exposed. Finally, the current situation in Peru and what UNCLOS offers will be analyzed to provide a position on whether or not it is convenient for our country to sign this convention.
subject: DOCTRINA NACIONAL
  topic: section
subject: UNCLOS
  topic: keywords
subject: Law of the Sea
  topic: keywords
subject: territorial sea
  topic: keywords
subject: 200 nautical miles
  topic: keywords
subject: exclusive economic zone
  topic: keywords
creator: Víctor Domingo Herrada Guerrero
rights: Copyright (c) 2022 Revista de Derecho
date: 2022-12-01
publication date: 2022-12-01
starting page: 109
ending page: 131

LA INTERPRETACIÓN JURÍDICA Y LOS CÁNONES INTERPRETATIVOS EN EL DERECHO CIVIL PERUANO
type: item
description: Law is a social-normative and linguistic phenomenon. For this reason it shares the characteristic of indeterminacy with language. The main manifestations of linguistic indeterminacy are ambiguity and vagueness, hence the need to resort to interpretation as the main tool for applying the Law. There are various theories on legal interpretation, as well as methods or interpretative canons to identify those interpretations that are valid, excluding arbitrary or irrational ones. In this article we have carried out a brief examination of the characteristic features of current law, the indeterminacy of law, legal interpretation and interpretive canons, as well as the main theories that have been proposed on the subject, to end by developing the interpretation criteria included in the Civil Code, in light of the doctrinal contributions found.
subject: DOCTRINA NACIONAL
  topic: section
subject: indeterminacy of law
  topic: keywords
subject: legal interpretation
  topic: keywords
subject: interpretive canons
  topic: keywords
creator: Cristian Javier Araujo Morales
rights: Copyright (c) 2022 Revista de Derecho
date: 2022-12-01
publication date: 2022-12-01
starting page: 77
ending page: 107