Saturday, June 27, 2009

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COULD AN EVICTION ACTIONS BEFORE THE EXPIRATION OF THE LEASE?

judicial practice, unfortunately, is pointing out a number of years, that some tenants are only concerned with raising money to pay the first conductive mercy and to leave as security, payment of 1 or 2 months lease, thus encouraging many homeowners to access they lease their premises, land, apartments or houses , believing the latter, which held that a legal act, I mean having an extra monthly income to cover some needs personal, HOWEVER, with the passing of days or months, some Tenants say they have made the business of the year because no matter if they occupy buildings in the populous districts or so-called A1 residences, the truth is that these few tenants, often tell some owners or landlords that have elapsed while 2 months and 15 days unpaid , you can not evict for nonpayment also, if I have a warranty of 02 months because the rent is not charged there, especially if I am currently going through a difficult economic situation.
ie, put serious strain on many homeowners and renters and that is why, in some districts not populous, is appreciating, that some property owners, demand that the tenant is a natural person or legal entity, have an endorsement that has vehicles or property free of liens or attachments, or provide guarantees in gold jewelry, but the vast majority of owners not wanting or not to rely on the advice of an attorney , sometimes forget not to extend the lease receipts issued by the formats of the National Bank, which could be helpful , or even write their own letters of attorney , believing it is simple and is not required to state specific legal provisions in force, hence, often, instead of arriving in good port drift is . As
consists of many litigants, currently in most civil litigation matter, is a prerequisite, to engage an Extrajudicial Settlement Center free or paid, which in most cases is lacking in a malicious way the called or whether that condition, wants to impose its conditions for not reconcile, and hence this legal institution, almost always harms the person concerned, either economically or because further expands the discomfort of the person concerned to delay the judicial process and where you have to even deal with the caseload called, and if the subject or victim, in this case, the owner of the leased asset, faced with a disabled or sporadically Attorney litigates and loses its process, then, is almost certain to renege on all the lawyers, because improperly equate .
Hence the importance of legal advice from a registered lawyer, Enabled, and Specialized has been spent on the case of uninterrupted and above all, treats in his office and not the house you or only cited in local courts, because it could be a victim of scam .
While the above considerations, in order to prevent disaster and to answer the question asked, I inform stakeholders, yes, indeed our civil procedural legislation provides for the possibility of suing the eviction before the lease vencimiemiento , executing the sentence only after the contract expired, which, you could save time and money, and even you could start the process from the day after signing the lease, but always with the assistance of a lawyer of his choice and following the recommendations listed above.
DR. HIDALGO VALERIANO MAMANI
28595 CAL
JIRON ICA OFFICE 338 218 Cercado de Lima

Sunday, June 14, 2009

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"should be decriminalized SENTIMENTAL ABORTION IN PERU?

A legal issue that remains controversial in Peru and in many parts of our world or the world, however, before giving my point of view I consider that I am obliged to mention, for example, that the offense is established or intended, in Article 120 of our Penal Code, it has a maximum penalty of 3 months of deprivation of liberty and occurs as a result of having an act of rape or sexual intercourse outside of marriage or suffer as a result of non-consensual artificial insemination, but had been reported or investigated, at least policed. However, we also consider it necessary to mention that Articles 80 and 83 of our Criminal Code, refer to the punitive or disciplinary apparatus of the state, require that the National Police of Peru, the prosecution and the judiciary should act with speed, in order to arrive at a judicial conviction with res judicata, the maximum period of 4 months and 15 days, if not successful the first opportunity, otherwise, prescribes the prosecution for the offense.
From the above, we can now infer or deduce, because in Peru there is a high rate of unsafe abortions each year, especially if they have proliferated in the cones of the city and the center of Lima, known as centers of being late, menstrual regulation, many of them would actually illegal abortion facilities, as well as point out multiple news reports we read in newspapers and magazines , heard on the radio or visualized in the Peruvian television news.
other hand, I also believe we should bear in mind that although Article 2 paragraph 1 of our 1993 Peruvian Constitution alludes that "everyone has the right to life and the unborn child is a subject of law in every respect favors ", it is also true that the same legal device, referred to " all person is entitled to his moral, mental and physical and free development and welfare ". That is, every woman was entitled to not be broken emotional stability, to accept the imposition of assuming the status of motherhood with coming of a new being, if she voluntarily participated in the planning to give birth to a new being, whether or not to love and therefore also consider asisitirĂ­a the right to choose freely whether to be born or not that living she carries in her womb as a result of an act of rape or nonconsensual artificial insemination, HOWEVER, the prevalence of the legal rights to protect the Peruvian government is the right to life, and is the reason why the state punishes the criminal act and therefore believe that it would nullify the penalty, if establishing a new order that legitimizes government to extend the death penalty to various criminal activities, as this would pave the way for the criminalization of abortion is not sentimental.
Similarly, one must remember that this criminal issue, has strongly opposed by religious congregations and solid human rights defenders, who take refuge in ethical and moral, ideological conflict going on, primarily with women's groups and youth groups called defenders of my free will.
Entering
answer the question "should decriminalize abortion in Peru sentimental? I have to say, first, that the criminal act, as embodied in our current Penal Code, deserves a serious assessment that may lead to greater penalty, or failing that, to its decriminalization; for it, would have to do meet the national population, Stats tables reflect the number of cases actually punished for the crime under review.
Finally, I would say that I still think that the Right to Life, is really the best gift you have given us our mother with care and love of our father, and that is why, they remember women who have become pregnant as a result of a heinous act such as rape or non-consensual artificial insemination, that before making the decision to abort or not, remember the old saying "each time the night is darker is because it is closer, a new dawn" , ie maybe your unwanted pregnancy, not something that truncate your goals in life, but only a challenge it puts life in your way, and only correspond to you, if you take that challenge or not .
LAW FIRM VALERIANO
DR. HIDALGO VALERIANO MAMANI
CAL ICA 28595 JIRON
218 338 OFFICE NEAR LIMA - PERU
PHONE: 428-1618 CELL. 999-853358