Property Rights and Expropriation in Peru
Property Rights in Peru
Concept of Property
Article 923 of the Civil Code defines property as the legal power to possess and claim a good. This power should be exercised in harmony with social well-being and within legal limits. Property is a right, allowing individuals to own assets (e.g., a home). This right includes the power to use, dispose of, and recover the property through legal means like possessory defenses (Civil Code, Section 920).
While Article 2, paragraph 16 of the Constitution grants
Read MoreProtection of Fundamental Rights: Privacy, Honor, and Home
Protection of Fundamental Rights
Trial Balance: Triple Test
Adaptation: Control approval on the measure to determine whether conditions exist to meet the intended purpose.
Necesidad: No other equally effective measure exists to achieve the desired purpose.
Proportionality: Strictly to determine if the limit imposed on the fundamental right is reasonable and proportionate to the aim pursued.
Criteria for Interpretation of Rules
- Pro Homine (Favor Person): Apply the most favorable standard.
- Progressivity:
Essential Guide to Business Documents and Financial Procedures
Merchant Account Keeping
Obligations for Keeping Records
Every merchant is obligated to maintain the following accounts and correspondence:
- Journal
- Ledger or accounts
- Book of balances
- Letter book
Record Retention Period
Merchants are required to keep these books until the completion of their business cycle and the liquidation of their business affairs.
Understanding Key Financial Documents
Bill of Exchange
A bill of exchange is an unconditional order to pay a specific sum of money at a predetermined time.
Read MoreThe Writ of Habeas Corpus & Criminal Proceedings in Spain
The Writ of Habeas Corpus
Law 6/1984 of May 24 provides a procedure to address alleged illegal detentions of citizens. This procedure ensures a swift judicial determination of the detention’s legality and conditions, accessible to all citizens. The process is summary and extraordinarily fast (24 hours) to address illegal or improperly conditioned detentions with utmost speed. The competent judge is typically from the location of detention. However, if this is unknown, jurisdiction falls to the judge
Read MoreIncidental Topic 26: Errors, Acts of God, & Non-Enforceability
Topic 26: Errors, Acts of God, and Non-Enforceability
Acts of God
An act of God is an accident where there is no intention or recklessness, thus disclaiming responsibility (Art. 5 of the CP: “No punishment without intention or fault.”)
Errors
An error is a false opinion, wrong knowledge, or ignorance of any element or circumstance of the typical action, and is not justified. Errors are classified as follows:
Relevant vs. Irrelevant Error
- Relevant Error: Taking A’s portfolio instead of B’s, knowing it’
Justice of Aragon & Castilian Municipalities: A Historical Overview
Section 3: The Justice of Aragon
The Justice of Aragon, a medieval institution, was suppressed by the Nueva Planta decrees of 1707 and 1711. Resurrected by Aragon’s Statute of Autonomy, its powers, while strengthened, differ from its historical role. Current reform efforts aim to expand its scope as a regional ombudsman.
Several theories address its origin:
- The institution stemmed from the Kingdom of Aragon’s elective monarchy, where noble houses elected a chief justice before choosing the king (