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Preventive legal advice

Anonim
  1. IT IS A VERY COMPLEX THEME: Preventive legal advice is a very complex topic. Therefore, it must be studied very carefully.
  1. PREVENTIVE LEGAL ADVICE IS NOT ONLY LIMITED TO REGISTRY LAW

The subject studied is not only limited to registry law, but also to the other branches of law, for example:

  • Corporate law Civil law Civil procedural law Criminal law Criminal procedural law Business law Business procedural law Stock market law
  1. BRANCHES OF LAW IN WHICH IT IS PROVIDED

Preventive legal advice can be provided in all branches of law, that is, in law:

  • Public.
  1. ECONOMIC AGENTS TO WHICH IT APPLIES

Preventive legal advice applies to:

  • Non-profit entities. Real estate owners. Those who apply for credits. Affiliated with afps. Those who participate in the stock market. Those who contract with entrepreneurs. Those who contract with merchants. Those who contract with non-profit entities.
  1. EXISTENCE TIME OF THE PREVENTIVE LEGAL COUNSEL

Preventive legal advice in Peruvian law has been in existence for a short time.

  1. DEVELOPMENT OF PREVENTIVE LEGAL ADVICE IN PERUVIAN LAW

Preventive legal advice has developed little in Peruvian law.

  1. OPPORTUNITY FOR LAWYERS

Preventive legal advice is an opportunity for lawyers seeking a new specialty in law.

  1. PREVENTIVE LEGAL ADVICE IS NOT A BRANCH OF LAW

Legal advice is not a branch of law, but it is a legal discipline.

  1. REASON FOR WHICH PREVENTIVE LEGAL ADVICE ARISES

Preventive legal advice arises from the need that people have to protect their interests.

  1. MARKET AND PREVENTIVE LEGAL ADVICE

The market requires more lawyers to provide this type of legal advice.

  1. PROPERTY RIGHT IS NOT ONLY PROTECTED

Not only the property right is protected, but also other rights.

Among which we can cite the rights of the mortgagee.

  1. JUSTIFICATION TO STUDY THIS SPECIALTY

We have not found books in which this type of legal advice is developed.

In other words, it is justified to study on such an important legal discipline.

  1. LAW CONGRESSES

In some congresses of law this important subject is disseminated, which adequately directs the lawyers dedicated to it.

  1. CASES OF PREVENTIVE LEGAL ADVICE

It is essential in many of the cases.

It is difficult to imagine cases in which legal advice is not needed.

Since they would be the cases that legal advice is needed after presenting the problem.

  1. EXISTENCE OF THIS SPECIALTY

Few lawyers are aware of the existence of this specialty.

Which creates many problems for Peruvian law.

  1. PREVENTIVE LEGAL COUNSELING AND UNIVERSITIES

Little is taught in universities about preventive legal advice.

  1. LAW STUDENTS

Law students must direct their studies to this legal discipline in order to possess a specialty according to these times.

  1. DEFINITION OF ADVICE

Counseling is the service provided by those who master the field of knowledge in which they operate.

  1. ADVICE CANNOT ONLY BE PROVIDED BY NATURAL PERSONS

The advice can not only be provided by natural persons, but also by legal entities, companies that are not legal entities, and autonomous entities.

  1. DEFINITION OF LEGAL ADVICE

Legal advice is the advice provided by the lawyer on issues of his specialty.

  1. LEGAL ADVICE CLASSES

There are various types, classes or varieties of legal advice, one type of these being preventive legal advice.

That is to say, the legal consultancies are of the following classes, types or varieties:

  • Preventive legal advice Other types of legal advice
  1. PREVENTIVE LEGAL COUNSELING

This type of legal advice is provided to avoid problems, for example:

  • It can be provided to reduce the number of legal proceedings for the entity or natural person advised. Sellers can be directed to credit to demand efficient guarantees. Sellers to credit can be directed to correctly qualify requests for presented credit.It can advise on credit policy to credit sellers.It can regularize company constitutions.It can clean up real estate.It can advise in the establishment of branches to avoid the emergence of competing companies.It can advise on regularization of appointment of representatives. You can regularize registration of acts with respect to companies, merchants and legal persons. You can advise for registration in the single register of taxpayers.You can advise to request authorization to print payment vouchers. You can advise on exemptions. You can advise on the registration of modal contracts at work addresses. You can advise on the authorization of universities. You can advise on the authorization of schools. Postgraduate non-university. You can be advised on operating license applications. You can be advised to apply for credits. You can be advised in each and every branch of law.It can advise on applications for operating licenses. It can advise on applying for credits. It can advise on each and every branch of law.It can advise on applications for operating licenses. It can advise on applying for credits. It can advise on each and every branch of law.
  1. OTHER TYPES OF LEGAL ADVICE

In this case, legal advice is intended to solve existing problems.

And the problem is that in this kind of advice there is a lot of competition for lawyers, especially in Peruvian law.

  1. DEFINITION OF PREVENTIVE LEGAL ADVICE

Preventive legal advice is the advice provided by lawyers on issues of their specialty to avoid problems, that is, in this case the advice is provided before problems are detected.

  1. REQUIREMENTS TO PROVIDE THE PREVENTIVE LEGAL ADVICE SERVICE

The requirements to provide the preventive legal advisory service are the following:

  • Be a lawyer. Have studies abroad. Have abundant diploma and specialization studies. Have master's and doctorate studies in law. Have great legal knowledge. Have work experience in legal study in the areas of law on which you will be advised. Have experience work in the institution, in whose specialty will provide preventive legal advice. Have published numerous books and legal articles. Have exhibited in the national territory and abroad.

In other words, to provide the services that are the subject of study, demanding requirements must be met.

Which are difficult to acquire.

But in Lima the opposite occurs.

Many attorneys without these requirements provide preventive legal advice.

Which generates many problems.

  1. PREVENTIVE LEGAL ADVICE CLASSES

The preventive legal advice has different types, classes or varieties, which are classified according to the following criteria:

  • According to the matter on which the preventive legal advice will be dealt with. According to the scope of the indicated one. According to the location. According to the one who advises. According to the one who is advised. According to the sex of the one who provides the advice. According to the sex of the person receiving the advice. According to the level of specialization of the advice. According to the size of the company that advises. According to the size of the advised company. According to whether the advised company is or not Registered in the sole register of taxpayers. According to whether the company that advises is or is not registered in the sole register of taxpayers. According to the nationality of the adviser. According to the nationality of the advised.
  1. PREVENTIVE LEGAL ADVISORY CLASSES ACCORDING TO THE MATTER ON WHICH IT WILL VERSE

The classes would be the following:

  • Corporate preventive legal advice.Corporate preventive legal advice.Non-corporate corporate preventive legal advice.Corporate preventive legal advice.Carticular preventive legal advice.Exchange preventive legal advice.Air vehicle preventive legal advice.Preventive legal advice in public records. Preventive legal advice in the registry of immovable property. Preventive legal advice in the registry of personal property. Preventive legal advice in the registry of legal persons. Preventive legal advice in the registry of natural persons. Preventive legal advice in the registry of companies. Preventive legal advice in the registry of individual companies with limited liability. Preventive legal advice in security interest.Preventive legal advice in registry certificates for domain acquisitive prescription. Preventive legal advice in wills. Preventive legal advice in wills by public deed. Preventive legal advice in transfer of mortgages. Preventive legal advice in anticresis. Preventive legal advice in real rights. Preventive legal advice in contracts. Preventive legal advice in issues related to non-profit entities. Preventive legal advice in judicial matters. Preventive legal advice in Indecopi. Preventive legal advice in municipalities. Preventive legal advice in municipalities. preventive in tax obligations Preventive legal advice in customs obligations.Preventive legal advice at the Regional Directorates of Labor Preventive legal advice at the Regional Directorates of Education Preventive legal advice before the National Superintendency of Banking and Insurance SBS Preventive legal advice on academic issues.
  1. PREVENTIVE LEGAL ADVICE CLASSES ACCORDING TO THE SCOPE OF THE INDICATED

They could be classified as follows:

  • Preventive legal advice of the neighborhood, Preventive legal advice of the district, Provincial preventive legal advice, Departmental preventive legal advice, National preventive legal advice, International preventive legal advice, Intercontinental preventive legal advice, Preventive legal advice in the cosmos.
  1. PREVENTIVE LEGAL ADVICE CLASSES ACCORDING TO THE LOCATION

We can classify them as follows:

  • National preventive legal advice. Foreign preventive legal advice. Foreign preventive legal advice.
  1. PREVENTIVE LEGAL ADVICE CLASSES ACCORDING TO THE ADVISOR

The classes would be the following:

  • Preventive legal advice provided by natural persons. Preventive legal advice provided by legal entities. Preventive legal advice provided by autonomous entities. Preventive legal advice provided by companies. Preventive legal advice provided by conjugal companies. Preventive legal advice provided by intestate successions.
  1. PREVENTIVE LEGAL ADVICE CLASSES ACCORDING TO WHO IS ADVISED

They would be the following classes:

  • Preventive legal advice provided to natural persons. Preventive legal advice provided to legal persons. Preventive legal advice provided to autonomous entities. Preventive legal advice provided to companies. Preventive legal advice provided to conjugal companies. Preventive legal advice provided to intestate successions.
  1. PREVENTIVE LEGAL ADVICE CLASSES ACCORDING TO THE SEX OF WHO PROVIDES THE ADVICE.

The classes would be the following:

  • Preventive legal advice provided by men Preventive legal advice provided by women.
  1. PREVENTIVE LEGAL ADVICE CLASSES ACCORDING TO THE SEX OF WHO RECEIVES THE ADVICE

They would be the following classes:

  • Preventive legal advice provided to men Preventive legal advice provided to women.
  1. PREVENTIVE LEGAL ADVICE CLASSES ACCORDING TO THE SPECIALIZATION LEVEL OF THE ADVICE

The classes would be the following:

  • Preventive legal advice with basic knowledge Little specialized preventive legal advice Specialized preventive legal advice Super specialized preventive legal advice
  1. PREVENTIVE LEGAL ADVICE CLASSES ACCORDING TO THE SIZE OF THE ADVISING COMPANY

They would be the following classes:

  • Preventive legal advice provided by microenterprises. Preventive legal advice provided by small companies. Preventive legal advice provided by medium-sized companies. Preventive legal advice provided by large companies.
  1. PREVENTIVE LEGAL ADVICE CLASSES ACCORDING TO THE SIZE OF THE ADVISED COMPANY

According to this criterion, the advisory classes would be the following:

  • Preventive legal advice provided to microenterprises. Preventive legal advice provided to small companies. Preventive legal advice provided to medium-sized companies. Preventive legal advice provided to large companies.
  1. PREVENTIVE LEGAL ADVICE CLASSES ACCORDING TO WHETHER THE ADVISED COMPANY IS OR IS NOT REGISTERED IN THE SINGLE REGISTRY OF TAXPAYERS

The classes are as follows:

  • Preventive legal advice provided to companies registered in the single register of taxpayers. Preventive legal advice provided to companies not registered in the single register of taxpayers.
  1. PREVENTIVE LEGAL ADVISORY CLASSES ACCORDING TO WHETHER THE ADVISING COMPANY IS OR IS NOT REGISTERED IN THE SINGLE REGISTRY OF TAXPAYERS

Classes are:

  • Preventive legal advice provided by companies registered in the single register of taxpayers Preventive legal advice provided by companies not registered in the single register of taxpayers.
  1. PREVENTIVE LEGAL ADVICE CLASSES ACCORDING TO THE NATIONALITY OF THE ADVISOR

The classes would be the following:

  • Preventive legal advice provided by Peruvians. Preventive legal advice provided by foreigners.
  1. CLASSES OF PREVENTIVE LEGAL ADVICE ACCORDING TO THE NATIONALITY OF THE ADVISED.

They would be the following classes:

  • Preventive legal advice provided to Peruvians Preventive legal advice provided to foreigners.
  1. KNOWLEDGE AREA

The area of ​​knowledge is law:

  • Public.
  1. PUBLIC LAW

Within the area of ​​knowledge is public law, because law is studied:

  1. PRIVATE RIGHT

In the area of ​​knowledge is private law, because the law is studied:

  • Commercial or mercantile.
  1. MIXED LAW

Within the area of ​​knowledge is mixed law, because the law is studied:

  • Family or family, guarantees, organizations, intellectual property.
  1. COPYRIGHT LAW

In this law the rights are distinguished within the copyright:

  1. Morales
  1. INDUSTRIAL PROPERTY LAW.

This normative body lists industrial property rights.

  1. CASE LAW ON COPYRIGHT LAW AND INDUSTRIAL PROPERTY LAW

In this jurisprudence the application or criterion of the Indecopi court is observed.

  1. REGISTRY JURISPRUDENCE

In this jurisprudence, the criteria of the Peruvian registry court are observed.

  1. CASEV CASE LAW

The Conasev jurisprudence shows the application of stock market law by the court of said public institution.

  1. GENERAL REGULATION OF PUBLIC REGISTRIES

This registry regulation contains general rules applicable to all registries in charge of the registry areas, which are the following:

  • Registry of immovable property. Registry of movable property. Registry of legal persons. Registry of natural persons.
  1. COMPANY REGULATION

This registry regulation regulates the qualification and registration in the registry of companies in charge of the registry areas of Peruvian law.

Being some of the most important acts the constitution, capital increase, capital reduction, and modification of statute, mainly.

  1. REGISTRATION REGISTRATION OF THE PROPERTY REGISTRY

The registration regulations of the land registry regulates the qualification and registration in the land registry of Peruvian law.

  1. REGULATION OF THE REGISTRY COURT

The regulation of the registry court constitutes the normative instrument that regulates the court of the sunarp.

  1. REGISTRY COURT

The registry court has rooms in Lima, Arequipa and Trujillo.

  1. TRANSITORY ROOM OF THE REGISTRY COURT

The Peruvian registry court currently has a transitional chamber.

  1. TESTAMENT REGULATION

This registry regulation regulates the qualification and registration of the testamentary succession.

  1. INDECOPI LAW

Indecopi's law is the main rule that regulates the organization of said public institution.

  1. BANKING LAW

It establishes some special rules applicable to the institutions of the financial system, among which we can cite the following:

  • Previous registration. Formality for your contracts.
  1. SUBJECTIVE RIGHTS

Subjective rights are of two kinds which are as follows:

  • Real rights.
  1. SUNARP LAW

It groups the records in charge of the sunarp, establishes guarantees of the national system of public records, among other issues.

  1. SUNARP STATUTE

Regulates the organization of the sunarp, which is in charge of the sunarp, on which the registry areas depend.

  1. REGULATION OF NON-CORPORATE LEGAL PERSONS

The regulation of non-corporate legal persons regulates the qualification and registration of legal persons other than:

  • Individual limited liability companies.
  1. FURNITURE GUARANTEE LAW

This law creates and regulates the security interest, which was issued in early 2006-.

Which has motivated the publication of some books and other types of publications.

It has marked a milestone in the history of law

  1. FURNITURE GUARANTEE REGULATION

This registry regulation constitutes the norm that regulates the qualification and registration of the titles that are presented relative to the security interest.

  1. REGULATION OF ORGANIZATION AND FUNCTIONS OF THE REGISTRY AREA WITH HEADQUARTERS IN LIMA

This ROF regulates the organization and functions of the registry area based in Lima, which is the registry area with the largest number of workers, the largest registry load, and the highest economic income.

  1. STATE CONTRACTING LAW

This law applies to contracting and acquisitions carried out by the Peruvian state, which is quite recent.

In several study centers, study programs have been organized to spread it and get to know it.

Replaces CONSUCODE with OSCE.

CONSUCODE no longer exists.

Now there is the OSCE.

  1. REGULATION OF THE LAW OF CONTRACTS AND ACQUISITIONS OF THE STATE

This norm constitutes the regulation of the previous norm, which is also quite recent.

There are few sources of information about it.

  1. JURISPRUDENCE OF THE STATE CONTRACTING LAW AND ITS REGULATIONS

This jurisprudence is quite important.

It is issued by the Court of the State Procurement Supervising Agency.

  1. CASE LAW OF THE SBS

The constitutional court has issued important jurisprudence applicable to the banking and insurance superintendency.

  1. Contracts

Contracts are personal rights, within which we can cite the case of the sale, exchange, lease, among others.

  1. REAL RIGHTS

The real rights are those that fall on the goods, which are of two classes that are the following:

  • Main real rights Secondary real rights.
  1. LEGAL ACTS

Legal acts are those that create, regulate, modify or extinguish legal relationships, which are:

  • Unilateral legal acts Plurilateral legal acts.
  1. UNILATERAL LEGAL ACTS

For example, powers, mandates, wills, among others.

  1. PLURILATERAL LEGAL ACTS

Which come to be the contracts.

Contracts are characterized by the provision of goods and not people.

The simplest are bilateral legal acts, but they are not the only ones.

There may be legal acts celebrated by a hundred people and even more people.

In other words, slavery does not exist in current Peruvian legislation.

Preventive legal advice