1. Importance of the topic
The subject studied is very important in law, which can only be understood if we take into account the area of knowledge, a subject that we will study below, in a rather abbreviated way, to take into account the branches of law related to this subject.
2. Knowledge area
Not only civil law should be taken into account, but also other branches of law in postgraduate degrees and even more so in doctorates in law, it corresponds to carry out or carry out other studies or approaches, with which all branches of the law are taken into account. law involved, and in this sense, it is clear that the first of those mentioned in this paragraph, at first glance it seems that it would only apply to a very small area of law, such as civil law, with which no we agree, because the patrimonial regimes of marriage are taken into account in private, public and mixed law.
For all of which, at this headquarters we must clarify that the subject studied exceeds the field of study of chemically pure civilians, who are trained above all in the Master in Civil Law of the Pontificia Universidad Católica del Perú, based in the city de Lima, that is, to clarify this issue, we must specify that some lawyers and other professionals study several master's degrees and several doctorates, among many other studies, which results in graduates of said postgraduate studies having a panoramic approach, that is,, not only of civil law, nor only of the Peruvian civil code of 1984, or the Peruvian civil code of 1936, or the Peruvian civil code of 1852, or the Spanish civil code of 1889, or the Italian civil code of 1942, or the French civil code of 1804, or the German civil code of 1896 in force at from 1900, or the Argentine civil code, or the Chilean civil code, or the Bolivian civil code, among many other assumptions that can continue to be enumerated, however, we do not continue with the relationship or enumeration or quotes, because we consider that the idea It has become quite clear, and furthermore we do not want to continue with an enumeration that has the baroque style or the churrigueresque style, but this comment constitutes only a brief work, which does not turn out to be a broad, extended and detailed investigation, as it could be a doctoral thesis,it is only a comment that should be brief.
The law is one and it is divided into branches, institutions, disciplines, countries and sources, among others, for study purposes, which generates that these areas are strictly respected in undergraduate studies, for example, civil law approaches are carried out, which exclude constitutional, administrative, procedural, civil, procedural, criminal, procedural, administrative, procedural, constitutional law, among other branches of law, but this does not occur in doctorates, because in the latter all branches of law must be taken into account. relation to the subject matter of study, such as, for example, the patrimonial regimes in marriage.
The doctorate in law from the Universidad Nacional Mayor de San Marcos is not dedicated to a specialty within said branch of knowledge, but the one indicated does not have it, therefore, in the aforementioned, only civil law should not be taken into account, but the opposite occurs, that is, all branches of law must be taken into account, and also in those indicated not only the legislation must be mentioned, but in general all sources of law, and neither should only the national law, but also foreign law should be taken into account and, if possible, international comparative law should be done.
When we apply the latter, it must be taken into account that it not only refers to comparisons, but that they constitute a fairly broad topic, but it is also true that there are other institutions within said legal discipline, within which we can mention the following: reception, transplantation, copying, tracing, harmonization, unification, fusion, splitting, among many others. Which we have explained in abundant venues and in this sense we can affirm that we do not consider ourselves as the standard bearers of it, but that the aforementioned has many scholars, among which we can cite the case of Julio AYASTA GONZALES, who published an important book of the referred legal discipline, and in this sense we hope that what we want to demonstrate will be taken into account,as it is by the way that the comparison is not all the compared right, but it is only a part or small part of the indicated one.
In other countries there are other comparative authors, among which we can cite the case of SARFATI, DAVID, mainly, however, they are not the only ones but there are others, which we must study in order to know the doctrinal sources of comparative law.
When studying the patrimonial regimes in marriage, not only civil law must be taken into account, but also other branches of law, therefore, the following branches of law must be taken into account:
-) Private law because civil law and commercial or commercial law apply.
-) Public law because constitutional, administrative, procedural, tax, customs law is applied, among many other branches of law.
-) Mixed law because family law applies.
-) Commercial or mercantile law because corporate, bankruptcy, exchange, certificate, securities, telecommunications, among many other branches of said branch of law apply.
-) Company law, because general company law applies.
-) Charter law, because the securities law is applied.
-) Exchange law, because the securities law is applied.
-) Bankruptcy law, because the general law of the bankruptcy system applies.
-) Stock market law, because the law of the stock market applies.
-) Telecommunications law, because contracts can be concluded by telephone.
-) Communications law, because communications on the subject matter of study must be taken into account.
-) Banking law, because the banking law must be taken into account.
-) Insurance law, because insurance must be taken into account.
-) Business law, because it must take into account commercial law, business criminal law, business constitutional law, corporate law, among many other branches of law.
-) Corporate law, because large corporations must be taken into account.
-) Constitutional law, because the political constitution must be taken into account.
-) Administrative law, because administrative procedures must be taken into account.
-) Procedural law, because the procedural rules must be taken into account.
-) Tax law, because tax rules must be taken into account.
-) Customs law, because customs regulations must be taken into account.
-) Civil procedural law, because the civil procedural code must be taken into account.
-) Criminal procedural law, because the criminal procedural code must be taken into account.
-) Procedural labor law, because the constitutional procedural code must be taken into account.
-) Registration law, because registration legislation must be taken into account.
-) Notarial law, because notarial legislation must be taken into account.
-) Property law, because property is studied, which are tangible (movable and immovable) and intangible.
-) Real estate or mortgage registry law, because it studies the registry rules applicable to the real estate registry.
-) Corporate registration law, because it studies the registration rules applicable to the registration of companies.
Among many other branches of law, and in any case, not only the legislation, but in general all sources of law must be applied.
3. Ancient Roman law
The Roman lawAncient law constitutes an important milestone in the history of world law, therefore, we study it, because we yearn to have knowledge of a very important law, as is certainly the one indicated, in a medium in which it is little studied, therefore, In the Peruvian case there are few Romanists, which must vary drastically, so that in Peruvian law there are more publications on this important part of world law, as is certainly the ancient Roman law, which is only one of the several stages within Roman law and the same according to much of the doctrine influenced or constitutes the antecedent only of the Roman Germanic legal family or legal family of civil law, with which we do not agree because it also influenced other legal systems.
Roman law has several stages within which we can cite ancient Roman law, which is very important in the study of law, however, the aforementioned is not the only stage, but there are others that must also be taken into account.
In ancient Roman law there were more patrimonial regimes than in Peruvian law, therefore, in the first of those indicated there was a greater right of choice for the spouses.
4. French law
French law is very important for many countries, so we will refer to it at this site.
In French law there is greater freedom to choose patrimonial regimes in marriage than in Peruvian law, and for greater detail we must specify that there are four patrimonial regimes in said law, which must be taken into account to make comparative law.
5. Spanish law
Spanish law is frequently taken into account by Peruvian law.
In the Spanish civil code of 1889 there are three patrimonial regimes in marriage, which are: the community of property, the participation regime and the property separation regime.
Therefore, we can affirm that this code mentioned, although it is true, increases or increases information costs, it is also true that it offers greater options to spouses or contracting parties.
6. Argentine law
Argentine law is a very important right in South America.
The Argentine civil code regulates, among other institutions, the patrimonial regimes in marriage, which is an issue with implications for many other issues within the world of law.
7. Ecuadorian law
We have consulted Ecuadorian civil law books, however, they do not develop the patrimonial regimes in marriage. In other words, it seems that to some extent this issue has not been favored by the Ecuadorian doctrine.
But if you study some undeveloped topics in Peruvian law, such as marriage brokerage, which must be taken into account in comparative family law.
8. Peruvian law
In current Peruvian law there are only two patrimonial regimes in marriage. Which are quite well known in our country, as is by the way the Peruvian state.
However, we must specify that in the Peruvian Civil Code of 1936, there was only a patrimonial regime, which shows that over time there are modifications, some of these being considered as corrections, and some of these are legal and others jurisprudential, among others. so many.
9. Conclusion
We consider that the subject studied is not only important within Peruvian law, but also in foreign law, comparative civil law, comparative private law, among many other legal disciplines, which we record in order to promote research and publications on this important subject, which we hope is to everyone's liking.
In current Peruvian law, only two patrimonial regimes are enshrined in marriage, with more of these in some foreign legal systems. In the Peruvian civil code of 1936 there was only one patrimonial regime within that indicated.
10. Legislative proposal
In this headquarters we will make legislative proposals, which if taken into account, will allow the Peruvian market to improve so that economic agents can develop in the most appropriate way possible and in any case the right should not be a straitjacket for those indicated rather they must provide facilities for their behavior.
We propose that in Peruvian law they add or, in other words, receive or insert or copy, or copy more patrimonial regimes in marriage, in order to provide more possibilities of choice in this important issue of family law, which is known to many as family law.
The law should not be a straitjacket, but should provide the necessary tools and solutions to economic agents to function more easily in the market, within which supply meets demand, that is, not only buyers and sellers, because the market is not only limited to buying and selling, but also to other subjective rights within which some are contracts, for example in the case of leasing, supply and exchange, among others, and real rights such as In the case of mortgage and antichresis, mainly, however, these types of distinctions are not so exact if we study this issue in a broader way.
However, we must specify that as there are only two matrimonial regimes in current Peruvian law, it is clear that it is easier to make the decision, which must be adjusted to your patrimonial needs in the marriage.
