International company law encompasses international trade law because company law is interested in international trade, that is, international contracts as well as another issue of vital importance such as intentional guarantees.
1. Introduction
The international law of the company is very interesting for its study and application, however, few lawyers know it and dominate that is why we are dedicated to the study of it. We have not heard that this branch of law has been developed, for which we hope to fill the gap in international law, which is so lacking in Peruvian and comparative law.
It is also necessary to take into account that it is not the same as the law of transnational corporations, for which reason we hope that in other research works the difference will spread. That is to say, there is a lot of information that must be investigated at this headquarters, however, it is not found in treaties, books, or magazines but in social reality, which is the source of law, among others.
2. International company law in ancient Roman law
Roman law for some is dead law and for others it is living law and the latter maintain that current law is current Roman law and that the Roman law of ancient Rome is ancient Roman law, which is why it clearly deserves many studies by part of the writers. In ancient Roman law there was no international company law because business law or company law or business law did not exist, nor did commercial law exist, however, if there was international law known at that time as people's law. In other words, the law has evolved over time and every so often new branches of law appear, such as commercial law that appeared in the Middle Ages and business law that appeared in the contemporary age.
3. Importance of international company law
International company law is of great importance to companies because it allows investments to be made abroad, or international investments, in other cases, that is, in some cases, investments are found in foreign law, among others. Therefore, we have no choice but to encourage studies on this branch of business law or company law or business law. However, we must point out that international company law has been very neglected, especially in Peruvian law, in this sense there are few lawyers who know its importance, neither do they know its branches, nor do they know which branches of law are part of the branch of law in question.
4. Best-known branches of international law
The best-known branches of international law are as follows:
1) Public international law.
2) Private international law.
These two branches of international law are the best known, but they are not the only ones, in this sense we will study them, without neglecting other branches of international company law. Therefore, we must point out that in abundant studies of international law only these two have been taken into account, which has allowed an incorrect development of this branch of law. Public international law is located in public law and private international law is located in private law. However, some lawyers study them together, as do some writers.
5. Branches of international company law
The branches of international company law are as follows:
1) Public international law
2) Private international law
3) International criminal law
4) International trade law
5) International contract law
6) International guarantees
law 7) International procedural law
8.) International commercial law
9) International company law
10) International letter law
11) International bankruptcy law
12) International stock exchange law
13) International telecommunications law
14) International internet
law 15) International electronic commerce
law 16) International computer law
17) International communications law
18) International maritime law
19) International lake law
20) International sanction law
21) International consular law
22) International ecclesiastical law
23) International constitutional law
24) Law of integration
25) International civil law
26) International judicial
law international
28) international tax law
29) tax international procedural law
30) Community law
31) international administrative law
32) international law of property
33) international cooperative law.
34) International agrarian law.
35) International registry law.
36) International notarial law.
37) Customs law.
38) International patrimonial law.
39) International aviation law.
40) International ecological law.
41) International cosmic law.
42) International trademark law.
43) International patent
law 44) International industrial law.
45) International industrial property law.
46) International labor law.
47) Global law.
48) International law of defense of free competition.
In other words, international company law is quite broad and it is difficult for a jurist to be outside this branch of law, in this sense we hope that company lawyers and corporate lawyers study it so that this knowledge is disseminated. indeed they have deserved few studies in the doctrine, as in other sources of law.
6. The company as a subject of international company law
The company is the subject of international company law, for which reason it is convenient to study it in order to have solid knowledge of company law or business law or business law. The company is the set of capital, administration and work dedicated to satisfying a need in the market.
7. Transnational corporations as a subject of law in international law
The transnational companies are companies and in this headquarters it should be noted that they are subjects of international law, however, this issue is little studied in Peruvian law. In other words, every lawyer dedicated to international law must know the transnational company, which operates in several states or countries. Some companies operate within the Peruvian state, others abroad and others in international law, however, the latter have deserved few studies. However, these studies are especially lacking in Peruvian law, because Peruvian companies spend little time working in international markets. Which has resulted in exports being very low in it, but some time ago they have increased,Therefore, we hope that this process will be permanent in the Peruvian state, to create more jobs.
8. Company
It is convenient in this to define the company to have solid knowledge of company law, in this sense we will study this topic at this headquarters. The company has been defined by some abroad as a set of contracts, however, this definition is not very fortunate and has not had the expected diffusion in our sense, in this sense we must see how to resort to other definitions on it and Other definitions on it appear in other research papers, to which we refer in order to have solid company knowledge within business law or business law or company law. Transnational corporations are a type of company characterized by having offices in different states, in this sense it is necessary to study them extensively at this headquarters,because we study international company law. In other words, companies do not only operate in national markets but also in international markets and in foreign or external markets, for which reason we will now study transnational corporations, which will serve to have solid knowledge of international company law.
9. Transnational corporations
Transnational corporations is a topic of special importance, however, it has been very neglected, which is why it is justified to investigate it at this headquarters to have solid knowledge of international company law. Transnational corporations are companies that operate or carry out their operations in more than one state, for example, they have their main domicile in one state and forty branches in 17 states, or 200 branches in 23 countries, or 500 branches in 40 countries, or 1,000 branches. On five continents, with factories in some states and offices in other states, that is, the strategic country is normally sought to install the factories of the transnational companies, among other assumptions, for which it is necessary to determine how they are taxed.The transnational corporations tax in each state separately as if they were different companies. In such a way that their administration is a complex process because they are not taxed in a single state as it happens in national or foreign companies, for which they have several managers and the lawyers who know these issues are those who are highly specialized in international tax law., which is a branch or is part of the international law of the company. Article 150 of the company registry regulation establishes that for the registration of the branch of a company incorporated abroad, the corresponding public deed must contain the documents and information indicated in article 403 of the general company law.In this sense, in this special registry regulation it is clear that norms on transnational corporations are contemplated, but the norms of Decree Law 21621 on individual companies with limited liability to transnational corporations do not apply because those indicated when they are Peruvian or what is the same When they are domiciled in the Peruvian state, they cannot have branches abroad. In these cases, the rules on private international law contained in the Peruvian civil code of 1984. must also be reviewed. Pursuant to article 404 of the general company law, branches of companies domiciled abroad are dissolved and liquidated when the capital is withdrawn. in the Peruvian state, a rule that although it is true in some cases it hinders commercial traffic,It is also true that it is quite fair because it prevents creditors with pending claims from having to travel to the country where the main headquarters of the company is located, and in any case, this rule is adequate to the customs of both commercial and corporate law, both of which are international, recording that custom is among other sources of law. Because in the event that the dissolution and liquidation of branches in Peru of companies domiciled abroad were not established, they would not be dissolved, nor would they be liquidated, however, the question remains whether they are extinguished, which in any case will be solved by other sources of registry law such as jurisprudence and enforcement, among others. That is to say,in the absence of these rules, it is clear that foreign investors could withdraw when there are tax-type debts, among other debts in which the creditor is the state, among other creditors, without any type of liquidation or dissolution process. These norms of the general company law are novelties in Peruvian law, because the previous Peruvian general company law did not contemplate them, therefore, these cases or assumptions were not foreseen, in that sense there is nothing left but the need to facilitate these legislative developments mentioned in this paragraph regarding the general company law. The commercial registry regulation regulates registered merchants,For this reason, we must clarify that a new legislation is urgent in this matter because said norm does not regulate these assumptions of transnational companies, as well as the branches of merchants domiciled abroad, in this sense merits the corresponding legislative amendment, all this within the Peruvian law and more exactly within the Peruvian registry law. Another issue of vital importance within transnational corporations is regarding bankruptcy, in which case the rules must be applied as follows: if the branch has assigned capital, only the branch can go bankrupt in that sense if the principal has a domicile in Spain and the branch is located in Peru, in which case the bankruptcy of the branch does not affect the main one,but if it does not have assigned capital, the reasoning is more complex, which is why it is necessary to record that Peruvian law has not provided solutions in this regard, for which reason we await the urgent legislative amendment to the general law of the bankruptcy system so that it contains rules of private international law since the 1984 Peruvian civil code does not contain solutions, which necessarily increases transaction costs by increasing information costs, that is, the law must be predictable and not unpredictable, so with the Current legislation we can affirm that the law is unpredictable in such a way that a whole judicial process is necessary to determine the solution or formula to apply, in Peruvian law.Reason why we consider it appropriate to take into account the solutions of foreign law to have greater insight since it is also a source of law. In any case, we have not had before us works in which these topics have been investigated, which makes it difficult to solve, not only in Peruvian law but also in foreign law. However, we consider that when the branch does not have assigned capital, it is clear that the entire company must go bankrupt in order for the branch to go bankrupt or the entire company must be in bankruptcy for the branch to be bankrupt or in bankruptcy. bankruptcy, but in practice there are problems, all this due to poor Peruvian legislation or positive law in bankruptcy law.
And the same must happen when the bankruptcy will not be of a company but of a particular person, in which it must be taken into account that for the bankruptcy, all the assets located throughout the world must be taken into account and not only those located in the Peruvian territory, which should be a matter of study by the writers. Another issue of vital importance in transnational corporations are negotiable securities in international exchange law, as well as securities in international cartular law, among other issues of international law, that is, it is quite broad, therefore, in the Only scopes are provided here and should motivate books to be written about this important branch of law, which is international company law. Which in any case must be solved by it.Furthermore, the Superintendency Resolution No. 079-2001 / SUNAT published on 07-14-2001, which appears on pages 268 to 275 of the Tax System Manual published by the Accounting Legal Research Center SA, in whose article 2 must be taken into account establishes that Peruvian or foreign legal persons, domiciled or not in the country, must register in the RUC (changing what needs to be changed, that is, this is not the express text of the cited norm, however, we refer to the same to have a correct approach to the subject matter of study), that they are taxpayers of taxes administered and / or collected by the Sunat, that is, in broad terms the tax legislation has provided for this assumption. In other words, this branch of law, such as international company law, is very useful for transnational companies,However, we are concerned about the reason why it finds little development in the Peruvian state. Therefore we must recommend its study. There are many other issues to deal with referring to transnational companies, however, we do not touch on them because we do not want to delve further since the present work is only panoramic, for which reason we are only concerned with touching the most salient or most well-known aspects of it. In this sense, many ideas remain on the ink. It could even be spoken and studied in the future about the law of transnational companies, which is the result of our incessant research on international company law, in this sense we hope that studies and investigations will be carried out on the one referred to at the beginning, being within the first the masters and doctorates,specialization courses and diplomas, among others. The law of transnational corporations can be defined as the branch of corporate and business law or of business or of the company that studies and regulates the activity of companies with offices in different areas, to which the doctrine, which is certainly a source of law it has coined the name of transnational companies. In this sense it is clear that it is not the same as the international law of the company, because it studies business acts between subjects of law located in different states, that is, for obvious reasons they are very similar but in no case constitute the same, but they are very confused.The law of transnational corporations can be defined as the branch of corporate and business law or of business or of the company that studies and regulates the activity of companies with offices in different areas, to which the doctrine, which is certainly a source of law it has coined the name of transnational companies. In this sense it is clear that it is not the same as the international law of the company, because it studies business acts between subjects of law located in different states, that is, for obvious reasons they are very similar but in no case constitute the same, but they are very confused.The law of transnational corporations can be defined as the branch of corporate and business law or of business or of the company that studies and regulates the activity of companies with offices in different areas, to which the doctrine, which is certainly a source of law it has coined the name of transnational companies. In this sense it is clear that it is not the same as the international law of the company, because it studies business acts between subjects of law located in different states, that is, for obvious reasons they are very similar but in no case constitute the same, but they are very confused.In this sense it is clear that it is not the same as the international law of the company, because it studies business acts between subjects of law located in different states, that is, for obvious reasons they are very similar but in no case constitute the same, but they are very confused.In this sense it is clear that it is not the same as the international law of the company, because it studies business acts between subjects of law located in different states, that is, for obvious reasons they are very similar but in no case constitute the same, but they are very confused.
10. Teaching of international company law
In the Peruvian state the international law of the company is not taught, for which it is necessary to put on record that this is necessary in it so that a greater number of international companies with the main domicile of the Peruvian state are created. However, in some master's degrees abroad, it has been noted that they teach this course which allows the creation of transnational companies in it, in such a way that it tends to growth, in a country where there is an increasingly competitive market.
For the record that the market is where goods and services are exchanged because supply meets demand. However, in some cases we are dealing with international markets, in such a case the supply will belong to one state and the demand will belong to another state. Therefore we must record that the teaching refers to the transmission of knowledge, in this sense the teaching of law refers to the transmission of legal knowledge and the teaching of international company law refers to the transmission of knowledge on the international company law. That is to say, pedagogy with teaching are two totally different institutions and we have differentiated them in another venue, which is why we relieve ourselves of further comments.
The website specifies that at the Autonomous University of Guadalajara the specialization programs in international corporate law and the master's degree in international corporate law are organized and in them, among other courses, international company law is taught, which has allowed This state tends more towards development, and in any case, this requires Peruvian law, in which the creation of transnational companies with their main domicile in the Peruvian state is almost nil. Therefore, we hope that in the future, master's degrees in international corporate law will be issued in Peruvian law, whose curricula will teach international company law. In other words, this course is decisive for the development of a state in foreign and international markets, as is certainly the case with the Peruvian state,therefore, we await its dissemination to create more jobs and to increase tax collection therein. In which it has been noted that the creation of international companies is almost nil, as is the existence of legal studies that provide advice on international company law, which causes great harm to the market.
11. International trade
It is important within international law to study international trade because many companies are engaged in it. In this sense, we will study this form or type of trade. International trade is trade that takes place between people located in two or more different states, for example when the seller is in Peru and the buyer is in Japan, or when the seller is in Spain and the buyers are in Peru, Mexico, Bolivia, Venezuela, Paraguay, Uruguay, among other assumptions, which are cases of international sale, but there may be other assumptions such as international leasing, within which is the international leasing of companies, or international supply, or the loan. international, or international accommodation,in which it is necessary to take into account not only tax, customs and international trade aspects but other aspects such as business or corporate. Which in all cases covers tax, customs and international trade aspects.
12. International Market
The international market is the market in which the supply is located in a different country than the demand is, for example when the supply is in Peru and the demand in Europe, or when the supply is in Argentina and the demand in Spain, or when the offer is in the United States of America and the demand in Peru, and in any case it is an economic and not a legal concept, which is why we hope that it will be studied by corporate and company lawyers to have solid knowledge of international company law. But it should also be studied by economists, among other professionals, however those mentioned are the ones who know these topics best.
13. Exports and imports
Facing imports are exports, which is why it is convenient to study both at this headquarters to have solid knowledge of international company law. In this sense, when mangoes are exported from Peru to the United States of America, the latter country is importing mangoes from Péru, which is why it is convenient to study these processes together to have solid knowledge of international company law and thus learn more. the international market.
14. Exports
Exports are when goods and services are sent abroad, for example when Peruvian entrepreneurs send asparagus or mangoes or artichokes to Europe or to the United States of America, among other cases. Or when Japanese companies send vehicles to Peru and Argentina to be sold in those states. Therefore, states should focus on producing goods and services in which there is adequate specialization. In this sense, it is recommended that the states do not produce all the goods and services, but only some, for example, in the Peruvian state, nuclear bombs are not produced, because there is little specialization in these subjects.
15. Imports
Imports are when goods and services are brought from abroad, for example when Peruvian entrepreneurs bring vehicles from Peru to Japan, or when other goods are taken to another state, in such a case it is clear that we must take into account aspects not only tributaries, but also other aspects.
16. Double Taxation
In international trade we must be careful not to fall into double taxation or double taxation, which occurs when the international business or operation pays taxes both in the country that exports and in the country that receives the export. These topics find little development in Peruvian law, but they are very important and in any case if they find development in foreign law.
17. Virtual establishments
Virtual establishments are establishments that are found on the Internet with a web page hanging and in any case in these times have had an amazing takeoff, because they do not spend locally or in employees, so everything is on the computer and on the network, so that whoever wants to buy makes the deposit or the bank transfer. And in this way it is clear that once this is done, the product is just sent, through the mail of a courier, so we hope that virtual establishments are created in the Peruvian state so that the market grows and we can compete with foreign companies. And in this order of ideas within the international law of the company virtual establishments can be created that are dedicated to international trade, for example, the sale of clothing on the Internet in international markets,or to the sale of books on the Internet in international markets, among others. These virtual establishments also apply marketing in this sense, they apply the segmentation of international markets, for example, some web pages are not exclusive, while others are. This is the headquarters to suggest that the creation of virtual establishments or shops be encouraged in Peruvian law to have greater coverage in the international market, since there are many people who consult the Internet and browse it, so that they can consult the web page posted on the Internet where products are offered in international markets. That is, the international law of the company is concerned with the study of Internet law not only local, departmental, regional and state,but also international, because through the Internet you can place goods and services in international markets. As for the goods, there is no doubt that if it is applied, but in terms of services, many resist understanding it, so we must develop this topic or subtopic to have solid knowledge of it, which is applied, for example, when offering professional or master's studies, Diplomas, specialization and doctorate as well as PhD, in different specialties, in international markets. In addition, we must bear in mind that rentals in strategic areas are excessively expensive, which is why in advanced countries or in the first world virtual establishments have had more development and in this order of ideas we must record that they are not excluded, because in some cases complement each other.However, virtual stores have increased so much that it is no longer possible to determine which are the most important and the amount of capital invested in each cannot be determined, so we recommend their use in an increasingly competitive market such as Peruvian market.
18. Globalization
This constitutes the headquarters to study globalization, which is not only of interest to the economy but also to law and, above all, to international company law, which is why we will now study some notions about it which have been extracted from our experience. and not of bibliography, which by the way is very limited in our environment in these subjects that interest international company law. Globalization consists of opening the doors or borders of the different states to international trade. In this sense, the same goods circulate more than the one mentioned at the end, so if the borders are opened, internal or national industries are not protected and they can fail because the market makes only the most efficient companies remain in it.With globalization, the largest companies that, by the way, almost always have their domicile or are located in countries or states of the first world, it is clear that they have the ones to win because they produce at a lower price. However, the problem is for companies located in third world countries or states because they cannot compete with large companies, which by the way what the latter do is produce at lower prices, in an increasingly competitive international market and in the which is difficult for all companies to survive, but only the most efficient companies survive. That is to say, what interests the people is that there is globalization because prices in the market are reduced in such a way that purchasing power increases but the problem is that in the private sector companies will begin to fail,Because they cannot compete in efficient international markets in which only efficient companies can subsist. That is to say, globalization is a complete process, which has deserved some studies by the writers. However, in Peruvian doctrine he has had few published research works.
19. Public international law
International company law encompasses public international law because company law is interested in the study of international law subjects, as well as the sources of international law.
20. Private international law
International company law encompasses private international law because company law is interested in issues such as applicable law and a competent judge within international law.
21. International criminal law
International company law encompasses international criminal law because company law is interested in international business crimes, that is, when the victim is in a different state from the agent, or the state in which the suffer the consequences of international business crime.
22. International trade law
International company law encompasses international trade law because company law is interested in international trade, that is, international contracts as well as another issue of vital importance such as intentional guarantees. Being among the first contracts of international sale, international swap, international loan, international donation, among others. And in the latter, guarantees such as the international mortgage, international security, international antichresis, international bond letter, international surety, among other guarantees.
23. International contract law
International company law encompasses international contract law because company law is interested in international contracts, among which international sale and purchase, international sale of companies, international leasing, international company leasing, among others.
24. International guarantee law
International company law encompasses international collateral law because company law is interested in international collaterals such as international mortgage or international antichresis, or international surety letter or international surety insurance, among others.
25. International procedural law
International company law encompasses international procedural law because company law is interested in international legal proceedings, for example when the plaintiff is in Péru and the defendant is in the United States of America, that is, when the parties do not found in the same state or country.
26. International commercial law
International company law encompasses international business law because company law is interested in international business contracts, international companies, international securities, international securities, international business guarantees, international electronic contracts, bankruptcy proceedings and international bankruptcies., international shareholders, international stock trading, among other parts or branches of international commercial law.
27. International company law
International company law covers international company law because company law is interested in international companies, that is, the cases or assumptions in which companies have established branches in other countries, or when they have shareholders in other countries, or when the representatives or management bodies are in different countries, for example if the board has fifteen members, it is possible that the referred ones are located in fifteen different states or countries.
28. International cartular law
International company law encompasses international charter law because company law is interested in international securities, for example when the issuer is in a different country than the acceptor and guarantors are in other states, and / or when guarantors are in other states.
29. International bankruptcy law
International company law covers international bankruptcy law because company law is interested in international bankruptcies and insolvencies, for example when a company that has offices in different countries enters bankruptcy or insolvency or when another company enters bankruptcy or in bankruptcy or bankruptcy a company that has branches in different states or countries.
30. International stock law
International company law encompasses international stock law because company law is interested in international stock trading, for example when stocks or bonds that are traded on the stock exchange have been issued by companies located in other countries.
31. International telecommunications law
International company law encompasses international telecommunications law because company law is interested in studying international telephone contracts, for example when making international phone calls.
32. International internet law
International company law covers international internet law because company law is interested in studying international internet contracts or web pages, which in all cases are international, because they can be accessed from any terminal located in the world.
33. International electronic commerce law
International company law covers international electronic commerce law because company law is interested in studying international electronic contracts such as international sales, international leasing, international loan, among others, that is, these are not the only ones contracts of the branch of law in question, but there are others.
34. International computer law
International company law covers international computer law because company law is interested in studying international computer contracts, such as international sales through computer media, among others.
35. International communications law
International company law covers international communications law because company law is interested in studying international communications, for example international email, among others, that is, this is not the only assumption but we quote it because it is very important within international law.
36. International maritime law
International company law covers international maritime law because company law is interested in studying the means of international maritime transport.
37. International lake law
International company law covers international lake law because company law is interested in studying the means of international lake transport.
38. International sanctioning law
International company law encompasses international sanctioning law because company law is interested in studying international sanctions, for example international penalties, and other international sanctions, which incidentally may be imposed in the law of legal persons, procedural law, constitutional, political, administrative, tax, customs, among others.
39. International consular law
International company law encompasses international consular law because company law is interested in studying consular public deeds that, incidentally, are granted to consular officials, in which companies are established, or establish branches, or appoint representatives, such as directors and managers, and proxies, or modify the company's statute, or enter into an associative contract such as a consortium, joint venture, joint venture, among others.
40. International ecclesiastical law
International company law covers international ecclesiastical law because company law is interested in the study of baptism certificates, in companies, in such a way that in some cases they are valid, and in other cases they are not valid.
41. International constitutional law
International company law encompasses international constitutional law because company law is interested in the study of treaties, which in all cases are international and other international law agreements. For example, the FTA.
42. Right of integration
International company law covers integration law because company law is interested in cases of international alliances which are not only legal but also economic and legal. In other words, these alliances are between different states, such as the Andean pact, MERCOSUR, the European Union, among others.
43. International civil law
International company law covers international civil law because company law is interested in studying international leasing contracts, international loan agreements, international accommodation contracts, among others, that is, when we are dealing with international civil contracts or guarantees., among other assumptions, which by the way may be international powers or mandates, international family businesses, among other assumptions.
44. International judicial law
International company law encompasses international judicial law because company law is interested in studying international judicial processes, which incidentally are not only civil, but also labor, tax, administrative, criminal, labor, and constitutional disputes, among others.
45. International municipal law
International company law encompasses international municipal law because company law is interested in knowing the competent municipality to grant operating licenses to international companies, which in some cases have offices and / or branches in different states.
46. International tax law
International company law covers international tax law because company law is interested in knowing the states in which international or transnational companies must pay taxes, which by the way is well known by lawyers specialized in tax law.
47. International tax procedural law
International company law encompasses international tax procedural law because company law is interested in learning about tax processes in international law. When studying this topic, community law should be studied.
48. Community law
International company law covers community law because company law is interested in knowing the alliances of the different states, which by the way exist not only with respect to the Peruvian state, but also with respect to other states.
49. International administrative law
International company law encompasses international administrative law because company law is interested in knowing the administrative processes that the company processes, for example administrative processes initiated in one state and continued in another state.
50. International property law
International company law encompasses international property law because company law is interested in knowing the property when the owners are located in different states.
51. International cooperative law
International company law covers international cooperative law because company law is interested in knowing cooperative law, being one of the assumptions when it is related to international law.
52. International agrarian law
International company law encompasses international agrarian law because company law is interested in knowing agrarian law, especially when peasant communities and / or communal companies enter into international contracts or when they have offices in different states or countries or when they have branches in different countries.
53. International registry law
International company law encompasses international registration law because company law is interested in knowing registry law, especially when registrations are made for a change of address abroad, or when a branch is established abroad, or when they make contributions to companies of goods registered abroad, among other cases of international registration law.
54. International notary law
International company law encompasses international notary law because company law is interested in knowing notary law, especially when notary parties will present themselves to registration or testimony to other institutions or in other public deed procedures. granted abroad.
55. Customs law
International company law covers customs law because company law is interested in knowing the second, for example in customs. That is, this branch of law is part of international trade law, and in any case it is very useful in imports as well as in exports, which is why in recent times it has deserved some publications in Peruvian law, especially Fernando COSIO JARA, who is a Customs official who, by the way, has recently merged by absorption with the Sunat, has consequently become a Sunat that encompasses or understands the functions of the Sunad and Sunat. However, some consider that they should not have merged, which is why they recommend their split, that is,These legal terms are also applicable to public institutions as legal persons under public law, autonomous entities, among others.
56. International property law
The international law of the company covers the patrimonial law of the company, because in the latter the patrimonies of the subjects of law are studied in international law, for example, when the patrimony of a company is located in several states or countries.
57. International aviation law
The international law of the company covers international aviation law, because the latter studies international flights, for example a flight in which the plane departs from Peru to arrive in Spain and then England, among other cases.
58. International ecological law
International company law encompasses international ecological law, because in the latter the international pollution of companies is studied, for example a Bolivian company can contaminate the environment of Peru and Chile, among other assumptions.
59. International cosmic law
International company law encompasses international cosmic law, because the latter studies the international business effects of acts that have occurred in the cosmos. In other words, these cases are rare, but for example, business contracts or crimes can be concluded through satellites, or corporate guarantees are established, or companies are established, or power or mandate is granted within business law and also in corporate law, among other cases.
60. International trademark law
International company law covers international trademark law, because the latter studies the international effects of trademarks, for example when a trademark is registered in France, the effect it has in Peru or Brazil, Spain, Italy, Germany, Ecuador, among other states or countries.
61. International patent law
International company law encompasses international patent law because the latter studies the international effects of patents, for example when a patent is registered in Indecopi de Perú, the effect that said inscription has in Germany, Argentina, France, Ecuador, Venezuela, among other countries.
62. International industrial law.
International company law encompasses international industrial law because the latter studies international industries, for example when one of the aforementioned has locations in several states or countries.
63. International industrial property law.
International company law covers industrial property law because in the latter, industrial property rights are studied, for example when these goods are registered in Peru and a guarantee is constituted in Ecuador or France, Italy, Germany, Ecuador, Venezuela, among other countries.
64. International labor law
International company law encompasses international labor law because the latter studies international labor contracts, as well as international workers, among other assumptions of the second branch of law mentioned. That is to say, these assumptions are presented little but are presented, that is why it must be taken into account for subsequent studies on international labor law, which has caused little attention by treaty writers and it is also necessary to take into account the ilo, which fulfills a rather important function in the labor law of the different states or countries.
65. Global law
El derecho internacional de la empresa abarca al derecho global porque en ésta última se estudia el derecho sin tener en cuenta los límites territoriales de los estados, ni ningún otro tipo de límite. En tal sentido es España se enseña este curso en el cual se enseña todos los cursos en el derecho de todo el mundo, por lo cual la forma de pensar varía notablemente en un mercado cada vez mas competitivo. En el estado peruano no hemos tenido noticia que se enseña este curso, lo cual se refleja en las investigaciones jurídicas, las cuales por cierto son excesivamente especializadas y no tienen en cuenta otras ramas del derecho, ni tampoco el derecho de otros estados. Es decir, con el derecho global se cambia sustancialmente la forma de pensar de los abogados los cuales ya no buscan especializarse en una rama del derecho ni tampoco en el derecho de un sólo estado, sino que buscan conocer y estudiar todo el derecho lo cual causa muchos beneficios a la economía porque facilita las inversiones.
66. International law of defense of free competition.
International company law encompasses the international law of defense of free competition because the latter studies the monopolies and oligopolies that exist in international law, for example one that exists in Latin America or in the European Union or in America of the north or Asia, among other assumptions, however, it finds very little development, and in Peruvian law it has not been worked.
67. Conclusions
Having developed the topic of international business law, we formulated conclusions in the following terms:
1) International company law has been little studied not only in Peruvian law, but also in foreign law.
2) International company law is quite important for business law as well as for corporate law, which is part of the second of those mentioned.
3) In Peruvian law we have not had research papers or publications on international company law in sight.
4) The lack of development of international company law makes the appearance of transnational corporations more difficult in Peruvian law.
5) In Peruvian law, few lawyers know and study, just as few publish on international company law.
6) Globalization is of great importance within international company law.
7) The law of transnational corporations is not disseminated in Peruvian law. This branch of corporate and business law is quite important for the development of the different states in an increasingly competitive market indeed.
8.) Few lawyers are familiar with the law of transnational corporations in Peruvian law, which has motivated the formation of few transnational corporations with their main domicile in the Peruvian state.
9) When establishing branches of companies domiciled in the Peruvian state, we must be careful to determine the number of branches, for example, a foreign company can establish one or more branches within Peruvian territory. Therefore, a topic to study is the one related to the capital assigned to each of the branches in this case or assumption.
10) An important topic within the branch of law studied, such as international company law, is the groups of companies and groups of companies, when companies or companies have their domicile in different states, that is, this topic must deserve the corresponding studies. However, there are other issues, for example when grouping branches that belong to companies from different states that in some cases correspond to the same company or to different companies or societies, assuming that it deserves studies by the writers, who are the ones who create doctrine not only in Peruvian law but also in foreign law and comparative law.And in any case, in Peruvian law we have not found regulations that cover all the assumptions, but the 1997 property, linkage and economic group regulation of the CONASEV and the superintendency resolution of sbs 445-2000 can be cited or brought up., norms that apply in part to the subject matter of study such as groups of companies. For example, the first of the cited standards only applies when the grouped companies have shares listed on the stock exchange, but when this does not happen, the indicated rule does not apply. In other words, when the grouped companies do not have shares listed on the stock exchange, the aforementioned rule does not apply. In other words, when legislating, great care must be taken to do so for all cases and not just for some. However,We think that what has happened with the Peruvian legislator is that he has thought that in stock market law is where the greatest capital is generally found, which in many cases is correct. In this sense, many assumptions have been left out of the application of the law on which it is convenient to meditate and suggest proposals for solutions not only in Peruvian law, but also in foreign law and comparative law.
68. Suggestions
After having developed the international law of the company and having formulated conclusions, we make suggestions in the following terms:
1) That the international law of the company be studied in Peruvian law and also in foreign law.
2) That in Peruvian and foreign law research and publications on international company law should be carried out.
3) The greater development of the international law of the company will make easier the development of transnational corporations with their main headquarters in the Peruvian state.
4) In the Peruvian state, lawyers must dedicate themselves to the study of international company law so that this branch of law is developed in the Peruvian state.
5) In Peruvian law, study programs on international company law should be organized to deepen the knowledge on this important branch of international, corporate and business law or business law or company law. All this to increase the creation of transnational corporations with their main domicile in the Peruvian state.
6) We recommend the study of globalization within international company law.
7) That the right of transnational corporations in the Peruvian state be studied and disseminated, so that a greater number of these companies are created to increase jobs as well as tax collection. For the record that the tax and the species are the tax, contribution and the rate, to add some knowledge about tax law.
8.) We suggest that in the Peruvian state the law of the transnational companies be applied more often so that these companies with their main domicile in the Peruvian state are created. In other words, with branches abroad and not only these companies with their main domicile abroad and branches in the Peruvian state.
9) All the assumptions of the groups of companies, groups of companies, groups of autonomous entities, groups of legal entities, groups of branches, all these assumptions must be regulated when the companies and / or branches are located in different states, which will generate legal certainty and will reduce transaction costs by reducing information costs. For the record that a branch with a company, and several branches with several companies in international law, can also be grouped, among other assumptions that should be studied. In other words, without adequate and timely legislation, investments in Peruvian law and any other law in which this legislative defect exists become more expensive.All this due to a misguided legislative technique that is known as the art of legislating and on which we have made a publication in the Legal Standards Magazine and we have been preparing another work that is no longer so brief but is a more diligent work in which it develops various topics. of the referred subject and that is applicable not only to Peruvian law but also to foreign law and of course to comparative law.
69. Sources of information
For the preparation of this research work, several books and legislation have been consulted, as well as the Internet. In this sense, this cannot be called a bibliography because not only have books been consulted, but also other sources of information, which in all We have grouped them according to their type and they are as follows:
69.1. Peruvian legal norms consulted:
The Peruvian legal norms that have been consulted have not only been codes and in any case have been the following:
1) 1984 Peruvian Civil Code.
2) Peruvian Political Constitution of 1993.
3) Peruvian Penal Code of 1991.
4) Peruvian Civil Procedure Code of 1993.
5) Peruvian Commercial Code of 1902.
6) General Peruvian company law in force.
7) Repealed Peruvian General Companies Law contained in Supreme Decree 03-85-JUS.
8.) Company registry regulations.
9) Regulation of the commercial register.
10) General regulation of public records.
11) Stock market law.
12) General law of the bankruptcy system.
69.2. Websites:
The website that has been consulted has been the following:
For the record that it corresponds to foreign law, that is, it does not correspond to Peruvian law, therefore this work should also be consulted in other states or countries. Since the information contained is the latest development in national, foreign and comparative doctrine. And in any case, comparative law studies can be carried out in the sense that in some other states if international company law is developed, but it is not developed in Peruvian law. And in said work, the causes of said poor development should be determined in the last of the aforementioned. However, it is a novelty in Peruvian law, and the present is not only focused on it but on all rights, among which we cite foreign law.On the internet there is little information on this branch of law, such as international company law. But information is found in it, while in other sources information is scarcer, which is why we must resort to social reality, which is also a source of law.
69.3. books
The books that have been consulted for the preparation of this research work have been the following, stating that they are very few in Peruvian law:
1) CAMARGO, Pedro Pablo. International Law Treaty. Themis. 1983. Bogotá Colombia.
2) FALCONI CANEPA, July. Responsibility in groups of companies under the protection of social creditors. Legal editor Grijley. 2005. First edition. Lima Peru.
3) FLINT, Pinkas. Bankruptcy law treaty. Legal Editor Grijley. First edition. January 2003.
4) CHURCHES, Juan. Roman Law, Editorial Ariel SA Barcelona Spain. Seventh revised and expanded edition.
5) SOLARI TUDELA, Luis. Public International Law. Studium editions. Fourth edition. Lima Peru.
6) VILLEGAS, Carlos Gilberto. Commercial companies. Rubinzol culzoni editors. Buenos Aires, Argentina.
In other words, there is little bibliography on this important branch of law, such as international company law, which is why it has been difficult for us to develop it, and in any case we must record that it is a very recent topic, even In foreign and comparative doctrine, which must be taken into account as a source of law, we therefore hope that over time there will be more sources of information on this branch of law. However, we hope that this work constitutes an important milestone in the advancement of Peruvian business law, which certainly includes international company law. That is, we hope that over time more publications will be made on this branch of law,which in any case is very novel and investigations by the writers are needed not only in Peruvian law but also in foreign law and comparative law. It is surprising that in these consulted books no information was found on international company law, for this reason we believe that this branch of law finds little development in Peruvian, foreign and also comparative law. That is, we have reviewed national and foreign books, however, we have not found the necessary information for the investigation.It is surprising that in these consulted books no information was found on international company law, for this reason we believe that this branch of law finds little development in Peruvian, foreign and also comparative law. That is, we have reviewed national and foreign books, however, we have not found the necessary information for the investigation.It is surprising that in these consulted books no information was found on international company law, for this reason we believe that this branch of law finds little development in Peruvian, foreign and also comparative law. That is, we have reviewed national and foreign books, however, we have not found the necessary information for the investigation.
