I. Introductory definitions
1. Definition of comparative law
Comparative law can be defined as the legal discipline that studies the comparison and other institutions of the mentioned one.
2. Definition of comparison
Comparison is one of the several institutions of comparative law, which consists of determining similarities and differences between legal objects, in order to determine similarities and differences between them, as well as their causes.
3. Definition of the main branches of comparative law
3.1. Comparative private law
The comparative private law is the branch of comparative law applying tools latter is a private law.
3.2. Comparative public law
Comparative public law is the branch of comparative law that deals with the study of the tools of public law.
3.3. Comparative mixed law
The mixed law compared is the branch of comparative law that applies the tools of the last of the indicated mixed right.
4. Peruvian law
Peruvian law is the one that governs and is studied in the Republic of Peru, which is part of American law.
5. Foreign law
Foreign law is the one that governs and is studied abroad, with respect to the Peruvian state, within which European law and Spanish law are located.
6. Spanish law
Spanish law is the law that governs and is studied in the Spanish Monarchy.
7. American law
American law is the one that governs and is studied in the American continent, within which Peruvian law is located.
8. South American law
South American law is the law that governs and is studied and applied in southern South America, part that is known as South America, in which the Peruvian state is located.
9. European law
European law is the law that governs and is studied and applied on the European continent, being a part of it the Spanish monarchy.
II. Institutions of comparative law
1. List of the institutions of comparative law
The institutions of comparative law are as follows.
1) Comparison.
2) Reception.
3) Transplant.
4) Reorganization.
5) Transformation.
6) Merger.
7) Excision.
8) Integration.
9) Copy.
10) Mainly.
2. Comparison
The comparison consists of determining the similarities and similarities between legal objects, as well as determining causes and consequences.
3. Reception
Reception consists of receiving a legal object from another system, time, source or branch of law.
4. Transplant
Transplantation consists of removing a legal object from one legal system to take it into account in another.
5. Reornization
Reorganization is when legal systems are merged, split or transformed in whole or in part.
6. Transformation
Transformation is when a legal system is changed to belong to another legal family.
7. Merger
The merger of rights is of two types than the following: by constitution and by absorption.
8. Excision
The division of rights is of two classes that are the following: total and partial.
9. Integration
Legal integration is the institution of comparative law studied above all in the law of integration, which can be hegemonic or consensual.
10. Copy
The legal copy is the institution of comparative law that consists of adopting a legal object that already existed in another headquarters or country or source of the law.
11. Other institutions of comparative law
The ones previously studied are institutions of comparative law, but they are not the only ones, but there are others in addition.
III. Legal comparison
1. Definition of legal comparison
Legal comparison is the best-known institution in comparative law, which can be of different types and to understand its importance and breadth, several schemes must be developed, because many non-comparatists consider them to be very simple topics. When comparing, the aim is to determine similarities and differences between legal objects, and the objective is also to look for causes and consequences.
2. Areas of legal comparison
2.1. Comparison within private law
The comparison within private law is of the following types:
1) Comparison of civil law.
to. Comparison of civil law.
b. Comparison of the right to a legal act.
c. Comparison of family law.
d. Comparison of inheritance law.
and. Comparison of real rights.
F. Comparison of obligations law.
g. Comparison of sources of obligations.
h. Comparison of private international law.
2) Comparison of commercial law.
to. Comparison of company law.
b. Exchange law comparison.
c. Cardboard law comparison.
d. Comparison of industrial law.
and. Copyright comparison.
F. Comparison of telecommunications law.
g. Stock market comparison.
h. Bankruptcy law comparison.
2.2. Comparison within public law
The comparison in public law covers the following parts:
1) Comparison of procedural law.
to. Comparison of civil procedural law.
b. Comparison of criminal procedural law.
c. Comparison of labor procedural law.
d. Comparison of administrative procedural law.
and. Comparison of notarial procedural law.
F. Registry procedural law comparison.
g. Comparison of constitutional procedural law.
2) Comparison of constitutional law.
3) Comparison of administrative law.
4) Comparison of tax law.
5) Comparison of customs law.
6) Comparison of registry law.
7) Comparison of notarial law.
8) Comparison of municipal law.
9) Comparison of public international law.
2.3. Comparison within mixed law
1) Comparison of family law.
2) Comparison of labor law.
3. Comparison of sources of law
1) Comparison of law.
2) Comparison of jurisprudence.
3) Comparison of executions.
4) Comparison of doctrine.
5) Comparison of general principles of law.
6) Comparison of specific principles of each branch of law.
7) Comparison of social reality.
8) Comparison of manifestation of will.
9) Comparison of legal medicine.
10) Comparison of other sources of law.
IV. Branches of law being compared
1. Constitutional law
The constitutional law exists in both countries, the Peruvian constitution of 1993 and the Spanish law the Spanish constitution of 1978 still in force in Peruvian law.
2. Civil law
Civil law exists in both countries, but in Spanish law it is more developed than in Peruvian law. Peruvian law governs the Peruvian Civil Code of 1984, while Spanish law governs the Spanish Civil Code of 1889.
3. Criminal law
Criminal law exists in both countries and in both legal systems there is a Penal Code.
4. Civil procedural law
Civil procedural law exists in both legal systems. Peruvian law governs the 1993 Peruvian Civil Procedure Code, while Peruvian law governs the Civil Procedure Law, which has been in force for ten years.
5. Criminal procedural law
Criminal procedural law exists in both legal systems, and the Peruvian Criminal Procedure Code of 2004 is entering into force in Peruvian law.
6. Business law
Business law exists in both legal systems, but in Spanish law it is more developed, existing in the same doctorates in this important legal discipline.
7. Commercial law
Commercial law exists in both legal systems and it is important, therefore, we will study some of its branches. In Peruvian law, the book by Ulises MONTOYA MANFREDI, Hernando MONTOYA ALBERTI and Ulises MONTOYA ALBERTI stands out, and in Spanish law, the book by Rodrigo URIA.
8. Company law
Corporate law exists in both legal systems, however, they are different, in Peruvian law there is general company law, but in Spanish law there are rules that regulate this issue separately.
9. Exchange law
The exchange law exists in both legal systems, noting that Peruvian law there is a rule fairly complete this branch of law, matter is regulated by parties to the Spanish law.
10. Stock market law
Stock market law is poorly developed in Peruvian law compared to Spanish law, that is, in the first of those indicated it is too incipient.
11. Bankruptcy law
Peruvian bankruptcy law has lately had several rules that have been replaced one by the other, which has not happened in Spanish law.
12. Contract law
Peruvian contract law has little development, especially in modern contracts, but Spanish law is quite developed in this area, especially in securitization and re-securitization of assets.
13. Real rights
The Peruvian and Spanish Civil Code regulate different real rights.
14. Registration law
Regarding this branch of law, we must specify that Spanish law is well known in the world, which does not occur in Peruvian law.
15. Mortgage or real estate registry
Peruvian law is poorly developed and in this the mortgage law has little study time, but in Spanish law it is quite developed.
16. Insurance law
In Peruvian law, title insurance and expanded title insurance are urgently needed.
17. Global law
In Peruvian law it is little studied, but it is studied in Spanish law.
18. Social security law
Peruvian social security law has a poor situation and regulation in Peruvian law, especially for the military and police.
V. Subjects to be compared
1. Family to which the comparative legal systems belong
Peruvian and Spanish law belong to the Germanic Roman legal family, which is known as civil law.
The aforementioned treaty will be finishing drafting it later, and with it we hope to contribute to business law. Partial studies of master's degree in business law at the Catholic University of Santa María. He has received a series of diplomas, congratulations, among many other recognitions. He has completed abundant diplomas, specializations, and postgraduates, as well as a series of other studies, both in the Peruvian territory and abroad.
2. Purchase and sale
The sale is a contract concluded in both legal systems and the rules that regulate it are the Peruvian Civil Code of 1984 and the Spanish Civil Code of 1889, and in both legal systems it also has regulation in tax, registry, notary, and stock exchange law. among other.
3. Mortgage
The main difference is that in Spanish law there is a movable mortgage, which does not exist in Peruvian law and another difference is that in the first one mentioned, the securitization of mortgages is quite developed, the opposite occurring in Peruvian law.
4. Security interest
In Peruvian law it is regulated, but in Spanish law there is still no regulation, the pledge and the movable mortgage fulfilling its function.
5. Property regimes in marriage
In Peruvian law there are fewer regimes than in Spanish law.
6. Merger of companies
In both legal systems this legal institution exists.
7. Excision of companies
In Spanish law, it was regulated before in Peruvian law.
8. Brokerage
In Peruvian law it has little development, the opposite occurring in Spanish law.
9. Registration qualification of judicial documents
In Peruvian law this topic is just beginning to be studied and there is a deficient regulation, which appears in article 2011 of the 1984 Peruvian Civil Code, but in Spanish law it has been studied for a long time and its regulation is more adequate.
10. Check
Spanish regulation is more appropriate than Peruvian regulation.
11. Registration principles
More registration principles are enshrined in Spanish law than in Peruvian law.
12. Modern contracts
In Peruvian law, it is urgently necessary to use these contracts, but in Spanish law they are more widely used.
13. Languages
Spanish is used in both legal systems.
14. Legal translation
In Spanish law it is more developed, the opposite occurring in Peruvian law.
15. Teaching of comparative law
In Spanish law there are already masters and doctorates on this legal discipline, which do not exist in Peruvian law.
16. Economic growth
In Spanish law there is a more mature economy, but in recent years in Peruvian law there has been an economic growth that should be highlighted, within which mortgage loans placed play a very important role.
17. Per capita income
In Peruvian law the per capita income is very low, but in Spanish law it is higher.
SAW. Comparison by source
1. Sources of the right to be taken into account
In the present study, the following sources of law will be taken into account:
1) Law.
2) Doctrine.
3) Custom.
4) Jurisprudence.
2. Law
The 1984 Peruvian Civil Code is more appropriate than its Peruvian counterpart and the Peruvian Securities Law reduces information costs, which does not occur in Spain.
3. Doctrine
Spanish doctrine is more developed, especially in mortgage, civil law and book entries. But in the law of obligations the Peruvian state has a very important work such as the work of Mario CASTILLO FREYRE and Felipe OSTERLING PARODI.
4. Custom
In Peruvian law little travel is made, which undermines commercial traffic, while in Spanish law there is a lot of travel, which increases tourism revenue.
5. Jurisprudence
We must recognize that Spanish law is more developed than Peruvian law.
6. Other sources of law
There are other sources of law, but we do not study them, within which we can cite social reality, within which we can affirm that in Spain it is more varied than in Peru.
VII. Comparison of Peruvian law with other legal systems
1. With ancient Rome
In ancient Rome there was no commercial, business or corporate law, which are branches of law that do exist in Peruvian law.
2. Current continents
2.1. Europe
Europe has reached greater development than Peru, and we have seen this in Germany, Italy, France and England.
2.2. Asia
The Republic of China has a larger market than the Asian economy. Greater development is achieved in Japan, Russia and in the first of those indicated.
2.3. America
2.3.1. North America
In the United States and Mexico, greater development has been achieved than in Peru.
2.3.2. South America
Colombia, Argentina and Chile have achieved greater development than Peru and Bolivia.
2.4. Africa
Africa is characterized by poverty, while Peru is an emerging country.
2.5. Antarctica
Antarctica has less development than Peru.
2.6. Oceania
Australia is located on this continent, which is becoming depopulated, and to reverse this situation, more than ten years ago, strong incentives were being applied to populate said place.
