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LAW SCHOOL

INGLES

MONOGRAPH

¿ HOW INFLUENCE THE OBJECT OF LEGAL BUSINESS IN


Dogmatic JURIDICA Modern?

AUTHOR:

RONALD JUNIOR VASQUEZ RIVEROS

ADVISER:

KHATYA SANCHEZ
CALDERON

TRUJILLO - PERU

2018
INDEX

CARATULA

Í CONTENTS

INTRODUCTION

MARCO TE OR RICH

2.1 LEGAL BUSINESS..................................................................................................4


2.1.1 BLUR OR N…………………………………………………….4
2.1.2 FUNDAMENTALS………………………………………………..4
2.1.3 HISTORICAL BACKGROUND ...............................................5
2.1.4 CHARACTERS………………………………………………...5
2.1.5 CLASSES………………………………………………………6
2.1.6 ELEMENTS……………………………………………………7

.2 Dogmatic JURIDICA MODERN.............................................................. ..........8

2.2.1 DEFINITION OR N ...................................................................8

3. Conclusions………………………………………………………………………….9

4. SAW.
REFERENCES……. …………………………………………………………………..11

5. .ANEXOS............................................... ..........................................................................12
INTRODUCTION OR N

The research or n had the problem ¿ qu and way influences the business object jur í doctor in dogmata
jur í Modern Dica?
The object was to determine the influence of business object jur í doctor study. Must be lawful under
the law, another point is that it should be commercially available or too and n may be natural heritage
law or equity .The sample unit
were books (Dogmatic considerations to tica jur í Dica, the Dogmatic to tica jur í Dica as theor í to jur í jur
dica the business í doctor and his relationship or n by dogm to tica jur í Dica modern, theor í general of the
acts or business jur í Physicians), to collect
data, were used t and techniques of observation or n, res or Menes, research or n of the contents and as
instrument utiliz or the investigation or n through books inform to ticos the subject studied.

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II. MARCO TE OR RICH

2.1. L legal business

2.1.1 DEFINITION OR N.

Broadly it defined as the legal fact the embodiment of


Legal assumptions. It has also been said of them that are capable of human

behavior birth, modify, transmit or extinguish a subjective right, a state

or a situation

Legal facts are classified into two categories: voluntary, or attributable to

a subject right, and involuntary, ie attributable to the subject of law

regardless of the intervention of his will. Thus the contract, the

fulfillment of an obligation, the testament, crime, legal facts are

volunteers and birth, to acquire citizenship

18th birthday, surviving mental illness, dying, are legal facts

involuntary.

Valencia Zea adds that the doctrine of the Germans and Italians, Spanish, Swiss, among
Others referred to the legal facts volunteers under the term "legal

acts" as the French jurists used the definition of "legal act" to

point "statements

Of will "or" legal business ".


Either way there is a consensus in stating that the acts form two broad

categories, according to the expression of will in legal or illegal. Thus

we have the legal acts conformity with the law and contrary to the right or

what is the same legal acts, behavior licit or illicit human. The most

significant type of lawful legal acts is

Made up the "declarations of intent" or "legal business"

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2.1.2 Rationale

Is manifestation of the autonomy Private in meaning strict (autonomy).

2.1.3 historical background or rich

He term legal business and the fundamentals of the German dogmatic pandectística is due in attempt to

systematize legal science to establish criteria to facilitate the solution from

Problems practical s in cases where the autonomy plays an important role.

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2.1.4. Characters

. Is a legal act and therefore an act of Will ; more wherein the content of Will
is decisive regulator legal effects s it produced; these former will originate not ex lege unlike non-negotiable
acts like business legal s (v. g., the engreda order for payment payment begetting ex lege the default of
the debtor ).

He legal business It has double value: a) is Title Y basis of legal relations, and b)
Establishes rules of conduct. Therefore it is distinguished from those statements Will affecting

relationship bargaining, but lacking independence and of basis of that

relationship bargaining, such as acts of fulfillment or acts due (payment

obligation , delivery legacy s) and acts authorized by law or contract

amending the relationship bargaining (v. gr., choice in the alternative obligation

-art. 1.132-, the intimation -art. 1.100-, the confirmation -art. 1.311-,

choosing the injured -art. 1.12

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2.1. 5. Classes

. According to the declaration of intent of a party or of two or more as necessary, businesses can be unilateral
(will) and bilateral or plurilateral (contract).

. Causal or abstract, depending on the cause integral part of the business or which is not incorporated therein;
That is, according to business effectiveness stay or not subordinated to the existence and legality of the
case.

.According to the expression of will should or should not fulfill certain formalities, solemn (v. Gr., Donation -art
property. 633- CC) or solemn.

. By its end, family (marriage, adoption, emancipation, etc.) and heritage (which may be mandatory, real
and inheritance).

. According that may or may not exist per se main (sale, will) or accessories (garment bond).

. To be or not subject to special regulation, they are classified as typical and atypical.

. According to be produced by the declarant effects on life or death, being hitherto revocable, inter alive
or mortis causa.

. Anomalous legal transactions (indirect, simulated, fraudulent and trust), which are subject to specific
treatment in these works

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2.1.6. Elements

It is traditional classification of elements legal business in:

- Essential, without which the business legal business in:

- Natural, which normally carries the business may be excluded

by parts (sanitation in the trading, Gratuitous mandate, etc.).

- Accidental that only exist when parts they add them (v.

gr., condition,finished, Mode). This elements accessory s can take for parts paramount importance, so that

your nullity involves the act itself (would, therefore, accessory s in

Objective sense, but essential in the subjective sense).

The essential elements can be own of a legal business certain (price in the
Trading) or common to all businesses. The latter can be subjective (Declaration of
Will) and objective (object, cause and manner).
He Civil Code not contain a regulation General of the essential elements of the business, but

contemplates in certain specific circumstances (arts. 45 rel. 73.1 marriage , 687 - will 1,261

Contract).

The declaration of intent has as budgets: the capacity the subject (capacity
Legal especially for that are attributable Loss own effects of the legal business -three’s married,

those of buyer, Etc. and capacity of

Act to link himself - Article 1.263- or the person on whose behalf or for whose account
Acts - Article 1,259, legitimation of the representative and one Will not flawed.

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2.1 Modern legal doctrine

2.2.1 Definition

Although lawyers are not very aware of this legal doctrine is a controversial know, and in several ways. It
is, to begin with, as the name itself: "legal doctrine" which certainly sounds strange in the context of
contemporary culture.

Surely, every student of law (the law countries: in which that term is used) have felt some kind of
strangeness when he first heard or read that expression; but the custom, as you know, is a kind of
second nature, so that after some time will have passed to regard it as normal: part of the jargon of
professional lawyers.

Test yourself, however, to use the expression before an audience outside the legal community (for
example, in a con- text of scientists and / or philosophers), and see that it is not so easy to explain that
someone is engaged today professionally (and I accepted that there is a religious profession) a
qualified person by himself and others of "dogmatic" activity.

Strangeness, as is more or less obvious, comes from the language of dogma seems to belong to the realm
of the sacred knowledge (theology) and not that of the profane place where, it would seem, he would have
to settle the legal knowledge.

The "dogmatic right" who believes himself in the position of having to explain to others (out) the use of
that term could certainly clarify that it is not should be given no special meaning: it expresses simply
the fact that, for the theoretical lawyer (for legal scholar), legal rules are data that can not undergo
discussion and therefore operate precisely as dogma, as the starting points from which it has to
operate.

And surely add to this that, given the very remote farming origins of knowledge (dating back at least to the
classical period of Roman law) does not have why wonder-permanence of this tradition.

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III CONCLUSIONS

. But as we have already advanced, in my opinion should be removed items 1402º and 1403º of the contract,
not only because they are definitions that are contradictory to each other and corresponding to a conception
of the contract surpassed modern, but mainly by definitions be responding to false and inadequate
conceptions of the subject of the contract, all of which we explained in detail above lines.

Seems inappropriate in a civil code, like ours, which has regulated the figure of the legal act, rules on the
subject of the contract independently established, as if it were two completely different fields, forgetting that
the scope negotiates! It is closely linked to the contractual field for the simple reason that the contract is only
a plurilateral legal business with financial content.

The simple fact that the contract sort the most important within the general category of the legal business,
the same thing applies all the general theory developed about the business and all its rules in our Civil
Code, ie, the contract will they apply all notions and regulations that make up the general theory of
legal business.

we must note that our position on the social conception of the legal business and contract and criticisms
that we raised in this comment to Dogma of the Will, cannot be interpreted in any way as a criticism of the
general doctrine of the contract and even less the general theory of contract law.

The only point is that we seek cannot be allowed to exist concepts under contract other than the object of legal
business and less still to be applied by extension to legal business concepts born in the area of general contract
doctrine.

What is sought is to determine the precise boundaries of each theoretical system, emphasizing the
similarities and their differences.

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IV. REFERENCES REFERENCES

Gorrondona Aguilar, J. (1997). Civil Law I Persons ( Ed. 13 °). Caracas: UCAB
Publications Fund.

Venezuelan Association of Tax Law. (1999). Journal of Tax Law ( Ed. 1st Quarter).
Caracas: LegisLEC Editors.

Carmona Urdaneta, W. (1998). Manual of Roman Law ( Ed. The 3rd). Caracas:
Editorial Mc Graw Hill.

Cabanellas Caves, G. (1998). Elemental Legal Dictionary ( Ed. 1998). Argentina:


Editorial Heliastasa.

Civil Code. (1982). Official Gazette of the Republic, 2990 ( Special), July 26, 1982.

.
Contreras, G. (1997). Manual of Civil Law I ( 5ta. Ed.). Caracas: Vadell Hermanos
Editores.

Decree with rank and force of law N °. 126 which provides the Tax Value Added. Official
Gazette of the Republic of Peru, 5341 ( Extraordinary) May 5, 1999.

Egaña, Manuel S. (1984). Notes of Introduction to Law . Caracas: Editorial Criteria.

Máynez Garcia, E. (1980). Introduction to the study of law ( Ed. 31 °). Argentina;
Editorial Porma, SA

Salazar Marcano, L. (1997). Introduction to the general principles of law. Caracas:


Marga Editors.

L. Maduro, Eloy. (1993). Course Obligations ( Civil III) law. Caracas: Publications
UCAB.
V. ATTACHMENTS

ANNEX No. 1

ANNEX No. 2