Facultad de Derecho y Ciencias Sociales

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    El fraude inmobiliario y la vulneración de los principios registrales, en el distrito de Carabayllo 2018
    (Universidad Privada de Trujillo, 2018)
    Requena Saldarriaga, Víctor Hugo
    ;
    Cruz Vegas, Guillermo Alexander
    In the present investigation it was proposed to investigate that a social and legal problem such as property fraud very present in our society, violates the principles of registry law, in that sense it was proposed as a statement of the problem: What registry principles violate real estate fraud, in the district of Carabayllo 2018 ?, having justified our investigation that should solve this social and legal problem that afecte too much the legal security of the country, what was sought was to determine which registry principles are violated with the real estate fraud that is increasingly common in our society, and there is no action to counter it. The hermeneutic method was used to interpret the articles referring to the registration principles included in both the Civil Code and the general regulation of public records, in order to unravel the content and scope of these rules; and confirmed the hypothesis that: The real estate fraud violates the registration principles of enforceability, legitimacy and public record, after analyzing and discussing the results, which are the legislation, doctrine and jurisprudence on registration principles and real estate fraud.
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    Reglaje o marcaje y la vulneración al principio de proporcionalidad.
    (Universidad Privada de Trujillo, 2020)
    Arellán Pérez, Jorge Wilfredo
    ;
    Soto Cantos, Tirzo
    ;
    Cruz Vegas, Guillermo Alexander
    In this research work, the problem of the criminal type of setting and marking was addressed, but not based on whether or not it is a manifestation of populist criminal law or whether it was born with its back to the rights and principles of criminal law, because it is an undue advance of the punishability barrier; but based on the fact that the principle of proportionality is violated with respect to the crime of simple theft, since the final crime has less penalty than the preparatory act for setting and marking. Hence, the following was raised as a problem: In what sense does the current regulation of the type of marking or regulation violate the principle of criminal proportionality ?; The general objective established in the present investigation was: "to determine what sense the current regulation of the type of marking or regulation violates the principle of criminal proportionality." The analysis of the law, doctrine and jurisprudence was carried out and in light of the dogmatic, doctrinal and synthetic method, the hypothesis was verified: The current regulation of the type of marking or regulation violates the principle of criminal proportionality in the sense that, it sanctions with more serious penalty the preparatory act (Adjustment and marking) than the final crime (simple theft).
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    Consecuencia Jurídica del incumplimiento del acuerdo reparatorio
    (Universidad Privada De Trujillo, 2019)
    Sandoval Chunga, José Calixto
    ;
    Cruz Vegas, Guillermo Alexander
    The problem arises in which we enter is to highlight the difference between reparative agreement and the principle of opportunity, therefore, the most substantial is that while the principle of opportunity is an agreement of a public nature, to which the prosecutor arrives with the investigated, in the case of the reparation agreement it is an agreement reached by the injured and the investigated; being therefore of a private nature. Thus, the following statement of the problem was raised: What consequence does the breach of the reparation agreement entail in the Peruvian criminal process?; The main objective was to determine the consequences of non-compliance with the reparation agreement in the Peruvian criminal process. As a tentative response to the problem, it is that: the effect of non-compliance with the reparation agreement is that the prosecutor of the case, or any other, may resume the criminal action, since having the nature of a private agreement, abstention or irreversibly operates withdrawal of the criminal action. We worked with the Legislation, on reparatory agreement, doctrine, on reparative agreement and jurisprudence, on the means of procedural simplification. It was mainly used, the legal hermeneutical method, this method gave me the possibility of being able to interpret the nature of the reparation agreement, based on the legal regulation and the principles of law. With the use of this method it was established as a discussion of the results that the reparatory agreements are agreements of a consensual, bilateral nature, which is framed under the principles of speed and procedural economy, where the self-disposition of the parties prevails and there is a minimum intervention of the State, therefore, either by its nature of private agreement, and by rule of the principle of procedural legality, signing a reparatory agreement, implies that the criminal process ends, that the criminal action dies, so that its serious effect, that the criminal process cannot be reopened.