ABSTRACT. Thesis title is: the lease and the exceptional regimes due to the COVID-19 pandemic, Lima Peru 2020-2022 "where the general objective was to analyze how the lease contract has been affected by the exceptional regimes implemented by the government in times of COVID-19. Regarding the methodology, the legal hermeneutic method was developed, at a descriptive level; basic type; qualitative approach, and grounded theory; The Xxxxxx & Asociados conciliation center of Cercado de Lima was considered as the scenario; The participants were: Lawyers, litigants, in civil law, real estate, specialists in leasing contracts. The applied technique is interviews and document analysis; the instruments were the interview guide and the document analysis sheet. Finally, result; and conclusion of the lease in Lima, Peru, was affected by the exceptional regimes and by the consequences of COVID-19, in the period 2020- 2022. These facts had a negative impact on landlords and tenants, likewise it was recommended to the president of Peru and the congress, to add a subsection to art.62 of the constitution, where contracts are modified by more flexible laws and provisions, specifically lease contracts.
ABSTRACT. The contract of tourist services is regulated in our right by law 18.829, its prescribed decree, 2182/72 and the International treaty of Brussels. It has in the contract, contractual connection, reason why is coordinated legal businesses towards a common economic objective and the legal entailment between the agent of trips and the tourist is a typical relation of consumption, reason why the consumerista norm is applied subsidiarily. It also implies that the responsibility is governed by article 40 of law 24240, is objective and it extends shared in common to all the members of the commercialization chain.
ABSTRACT. This research aims to show that the theory of contractual collaboration allows to resolve the existing tensions in a lease. This, due to the breach caused by the COVID-19 outbreak. On the one hand, the submission of the tenant with the fulfillment of its obligations such as the payment of the rental fees, who in turn cannot exercise the purpose of the contract, and on the other, the right that assists the lessor to collect the rents for the provision of the property of his property. This tension caused by the absence of judicial precedent given the topicality of the subject, since there is no theory that solves the contractual problems generated by SARS —COV —2. This research is structured through the qualitative approach, from the exploratory and with the use of the critical hermeneutic method and the study of cases; the document review technique, conversation with experts and discussion groups are used. Finally, the research is supported by the Scopus, Scielo, Redalyc databases, among others, established as research tools.
ABSTRACT. The general objective of this research was to determine the relationship between psychological contract and the willingness to accept an organizational change in the employees of a company in the city of Bogota. So, two evaluation instruments were used: The organizational change measurement instrument (BMI) (Xxxxxx & Xxxxxx, 2010) and the inventory of psychological contract (Xxxxxxxx, 2000 version 2): For this, two assessment tools were used. The sample was made up of 100 employees and their participation was voluntary. The description and analysis of the results were performed by using the SPSS Statistics 20 software. The assessment of the normal distribution of subvariables research was performed by using the statistical test Kolmogorov - Xxxxxxx and to determine the levels and significance between variables and subvariables, the Xxxxxxxx correlation coefficient in consideration of the scale of measurement was used. Evidences of correlation between the variables of organizational change and psychological contract were noticed. It is concluded that the employees of the company show a willingness of flexibility and favorability versus an organizational change.
ABSTRACT. In the following lines, the author explains the legal regime of the rates subject to port concessions granted under the Law of the National Port System, as well as some relevant background that help explain and understand this regime and its application.
ABSTRACT. The following article is mainly aimed at respond to a question arise on account of the process of liberalization of insurance trade, and responds to the need to indentify the judge who shall have the faculty of settle disputes arising as a result of an inter- national insurance contract. Hence, we are going to analyze specific considerations about local laws on governing jurisdiction, as some special regulations in comparative law, including the possibility of resolving that question through contractual consensuality. Finally, with the aim of discerning the broad picture, we will study the possibilities for residents in Colombia who will acquire a insurance with companies located abroad, and will be favored by a court decision to pursue the recognition and enforcement of these in the countries where they find themselves located these companies. Key words: International insurance contract, international jurisdiction, conflicts of jurisdiction. Key words plus: Contracts (International law), insurance contract, comparative law.
ABSTRACT. The Supreme Audit Institutions and specifically its governing body, the International Organization of Supreme Audit Institutions INTOSAI, has promoted in the last 4 years initiatives aimed at the use of technologies and methods in the Supreme Audit Institutions for their surveillance and audit processes, which are replicable and have tangible results in the fiscal context. In this sense, the Comptroller General of the Republic of Colombia has been strengthening its technological infrastructure and technical capacities to improve and optimize its efforts to monitor the resources of Colombians, and although this task is not easy, it has managed to detect patterns of those contractors that They monopolize state contracting, managing to be in different economic sectors without probably having the technical competence to fulfill the stipulated contractual object. These contractors are known in the field of the General Comptroller's office as “multi- object” contractors. In this article, the construction of a data set of 1,998 records labeled by experts is shown, corresponding to education sector contracts with which training and tests were carried out on an automatic classifier built for the contractual objects in order to detect suspected “multi-object” contractors. In addition, it was found that the best classification algorithm was the Linear Vector Support Machine with an accuracy of 84% which will eventually find, by grouping, the presumed multi-object contractors.
ABSTRACT. It is necessary to legislate on the prohibition of hiring of the spouses among themselves, with regard to contracts of sale and donation, in order to safeguard the rights of third party creditors and heirs. We understand that they are not enough any actions that could bring the third creditors or heirs. It is then essential to prevent legal disputes which could arise, especially taking into account the close relationship between spouses, which facilitate the violation of the aforementioned rights.
ABSTRACT. The topic developed below was presented during the “XIII Congreso nacional de seguros” held in Santa Fe (Argentina). As the insurance policy is a consumption contract when subscribed betwen a final consumer and a professional with obligations, the harmonization of such consumer legislation and insurance legislation is necessary to adjust it to the typical features of this contract where the correspondence betwn insured risk and price is essential for the protection of insured persons. Key words: Legislation, consumer, insured, insurance policy, risk. Key words plus: Consumer protection - legislation, insurance companies, assured risk. aplicación del plazo trienal de prescripción establecido en el art. 50 de la Ley
ABSTRACT. This is an investigation of Colombia’s labor market and some of its current problems. Variables analyzed include hiring practices in a variety of industries, working conditions for those people who are currently employed and legal issues – Law 1429, “Ley de formalización y primer empleo” (Formalization and First Job Law) and its modification by Law 1450. Employers’ attitudes toward different types of contracts are analyzed. The concerns of large companies in both the public and private sector are explored. There is some discussion of both the positives and negatives in Colombia’s current labor market. The behavior of highly paid employees is analyzed in an attempt to understand why these people are hired. The free trade agreement with the United States and worker cooperatives are also discussed. There is analysis of the feasibility of President Xxxx Xxxxxx Xxxxxx’ development plan, “Prosperidad para todos” (prosperity for all) and its goal of employment growth given Colombia’s current economic conditions.