1. Definition
As the first part of this research work, we will define brokerage, which will allow us to determine exactly the topic to be investigated.
Brokerage is a contract by which a third party is obliged to bring the offer closer to the demand, or vice versa, and this person is called a broker, and can advise both parties at the same time, that is, both the offer and the demand.
For example, in a real estate brokerage, the broker may at the same time advise the seller and the buyer, and in this case he will receive fees from both parties.
That is, we explain the existing doctrine, however, in Peruvian positive lawor Peruvian legislation there is a deficient regulation, which requires certain correctors, for example in the indicated one it has been established that the same broker cannot advise or provide its brokerage services to supply and demand, at the same time, but only to one of They, therefore, this rule is retrograde, because the broker can be hired by both parties and this in some cases generates greater confidence, assuming that the indicated one should not favor anyone, but in that case it must be total and completely objective, and to cite an example, we must take into account the case of judges, prosecutors, notaries, registrars, among others, who provide their service to both parties, and there is no problem, therefore,we must specify that the legislative process constitutes a process that must be carried out with great care, in order not to disturb or damage the market.
2. Classes
First classification:
1) Of tangible assets, which are real estate brokerages and brokerages.
2) Of intangible assets.
Second classification:
1) Neighborhood.
2) District.
3) From city.
4) Provincial.
5) Departmental.
6) National.
7) Foreigner.
8) International.
9) Interplanetary.
10) Intergalactic.
Fourth classification:
1) Of goods.
2) Of services.
Fifth classification:
1) That pays taxes.
2) That it does not pay taxes.
Sixth classification:
1) Exercised by brokers registered in the single taxpayer registry.
2) Exercised by runners not registered in the single taxpayer registry.
Seventh classification:
1) Exercised as a natural person.
2) Exercised as a legal person.
Eighth classification:
1) Gas.
2) Oil.
3) Of light.
4) Power.
5) Military.
6) Nuclear.
7) Computer scientist.
8) Of Printers.
9) Of computers.
10) Artistic.
11) From universities.
12) Pledge.
13) Mortgage.
14) Real Estate.
15) Vehicular.
16) Provisional.
17) Of values.
18) Insurance.
19) Furniture.
20) Financial.
21) Tax.
22) Banking.
23) National.
24) International.
25) Of machinery.
26) Of heavy machinery.
27) Marital.
28) Bibliographic.
29) Legal.
30) Doctor.
31) Of professions.
32) Of studies.
33) Of institutes.
34) From study centers.
35) From schools.
36) Of gardens and nests.
37) Of clinics.
38) Of couriers.
39) From pharmacies.
40) Of drugstores.
41) Sporty.
42) Arbitration.
43) Conciliation.
44) Maritime.
45) Air.
46) Spatial.
47) Of horizontal property.
48) Of public shows.
49) Of sporting events.
50) Of departments.
51) Of houses.
52) Of cement.
53) Of iron.
54) Of majolica.
55) Faucet.
56) Of floors.
57) Of land.
58) Of construction materials.
59) From hardware stores.
60) Brokerage.
61) Consulting.
62) Of drinks.
63) Of soda.
64) Of clothes.
65) Of credits.
66) Of antichresis.
67) Mainly.
3. Consulting
The brokerage can be considered perhaps as a part of the consulting, however, they are different.
Therefore, we will define the last of the aforementioned, which can be considered as the information that is provided on certain topics, which is carried out for example in the field of the company, which is known as business consulting, but not It is the only one in existence, but there are also others, among which we can cite the case of corporate and corporate consulting, among others.
4. Real estate brokerage
Real estate brokerage is a type of brokerage, which is quite widespread in Peruvian law, which is regulated by the real estate agent law, which is recently approved, and in this rule it is established that it is subject to registration mandatory administrative law, which violates the principle of free enterprise, which is a principle of constitutional business law that is enshrined in the 1993 Peruvian political constitution.
Many people consider that this type of brokerage is simple, with which we do not agree, therefore, we invite these people to invest in this area.
In this type of brokerage, the broker must have extensive knowledge of title studies, real estate appraisals, real estate contracts, real estate rights, and in general all other issues related to real estate.
5. Mortgage loan brokerage
The mortgage loan brokerage is the contract by which one collaborates for consideration or provides assistance to bring future mortgagee closer to the mortgage debtor and vice versa.
The mortgage loan brokerage contract is not widely used in Peruvian law, therefore, it constitutes an opportunity for young lawyers to invest in such an important business sector, that is, it constitutes an unworked market in the Peruvian social reality.
Through this contract, a future mortgage debtor can be helped to obtain a convenient mortgage loan, the latter being made up of a loan and a mortgage, and the latter guarantees the fulfillment or payment of the former.
In this type of brokerage, the broker must fully know the institutions that enter into mortgage-backed credit contracts, which are loans guaranteed with a mortgage, that is, they are two acts.
7. Securities brokerage
Securities brokerage is the type of brokerage studied and applied within the securities law, for which the single ordered text of the securities market law must be taken into account.
Stock brokers must have a broad knowledge of the stock market, that is, for them it is quite common to talk about bonds, stocks and commercial papers, primary market, secondary market, value of securities at par, above par and under par, market securities, conasev, asset securitization, securitization bonds and other kinds of bonds, risk rating agencies, among many others.
6. Insurance brokerage
Insurance brokerage is a type of brokerage that consists of bringing the future insured closer to the insurance company. In this type of brokerage, brokers must have broad notions of insurance, premiums, claims, types of insurance, among many other topics.
7. Reinsurance brokerage
Reinsurance brokerage is a type of brokerage that consists of bringing insurance companies closer to the reinsurance company. We must specify that in this type of brokerage, brokers must be aware of all matters directly related to reinsurance.
8. Credit brokerage
Credit brokerage is a type of brokerage that is characterized by bringing the future debtor closer to the future creditor, or vice versa. Credit brokers must master all topics related to credit, for example credit qualification, guarantees, heavy portfolio, interest rates, interest classes, among others.
9. Bank loan brokerage
Bank credit brokerage is a type of credit brokerage characterized by bringing the bank closer to its future debtors, or vice versa. Bank loan brokers must have a very broad knowledge of bank loans.
10. Pension brokerage
Pension brokerage is a type of brokerage that consists of bringing pension insurance closer to future policyholders or members. For example, it provides the following services:
1) Help future affiliates to choose the most convenient pension fund manager.
2) Advises and guides them on the amounts and percentages of contributions, and on the recognition bonus, and also on pensions and their classes, social benefits, early retirement, among many other issues.
3) Advise so that the future insured adopts the best choice, within the range of pension regimes.
4) The list of pension fund administrators existing in the market, constituted according to law, reaches them.
5) It guides them on the daily, monthly, annual and other earnings in their individual capitalization accounts, payment of taxes on the amounts existing in these accounts, contributions, rights and obligations of the insured.
6) Estimate the earnings in the individual capitalization accounts.
7) Study of provisional files to determine whether or not they have the possibility of obtaining favorable results.
8) Channels retirement, orphan, and widowhood pensions.
9) It also guides that the existing funds in the individual capitalization accounts are unattachable, which is a criterion that has reached legal recognition.
10) Provides advice on the cases in which legal proceedings can be started successfully and cases in which these proceedings will not be successful, and also reports on the result of the former.
11) It reaches its clients' pension jurisprudence, so that they know the criteria of the courts, which are national, foreign and supranational.
12) Carry out academic studies on cases or assumptions or themes of pension issues.
13) Guides on all kinds of processes that can be followed on provisional issues.
14) Request your registration in the registry of judicial experts to provide advice to magistrates on provisional issues.
15) Draft draft laws on provisional issues, which can be reached by those called by law before the respective instances.
16) Provides advice on the requirements to follow processes on provisional issues.
17) Opinion on pension issues.
18) Answers queries on pension issues.
19) Studies of comparative law on pension issues.
20) Advice on the claims that can be initiated against the institutions that deny the social security procedures.
21) Advice on the purpose of the pension term.
22) Preparation of legal and economic reports on pension issues.
23) Preparation of legal reports on pension issues.
24) Preparation of jurisprudential reports on pension issues.
25) Preparation of executive reports on provisional issues.
26) Obtaining requirements for the initiation of provisional processes.
27) Report on the status of the provisional proceedings.
28) Advise pension fund administrators, which can be national and foreign, and advice can be on national and foreign pension issues.
29) Advise on international pension issues.
30) Advise on national and foreign pension issues.
Among many other issues that involve a fairly broad domain of the provisional regimes.
