Keywords
Obligations
Contracts
Torts
Commission for the Reform of the Civil Code
How to Cite
Abstract
In this paper, the author refers to some proposals pursuing the reform of the Obligations Chapter of the Peruvian Civil Code of 1984 presented before the Commission for the Reform of the Civil Code of this country. The author belongs to that commission.
In the first chapter, the author refers to some issues associated to the structure of the code, one of the changes that should be made in it. The author proposal includes changes of topics such as the obligation concept, types of obligation, effects and torts among others.
In the second chapter, “Precisions of Terminology”, the author points out some “inappropriate qualifications” inside the Code indicating the issues that should be introduced.
In the third part the paper stands for some topics that should be regulated, such as obligations with responsibility of give fungible goods; natural and artificial benefits that can be incorporated to the goods of the obligation duty of give; among the moment of the agreement until the confer of the good; the obligation with a subsidiary duty; the mutuality of one the parts of the obligation; the subjective-alternative obligations.
Finally, in the fourth chapter, the author presents some propositions of reform about the election in the focus of the obligations with the duty of give an uncertain good and with alternative duties; the doubt among facultative and alternative obligations; the liability for the default on indivisible and solidary obligations; applicable rules to indivisible and solidary obligations; presumption of passive solidarity; credit default and solidary credit; suspension and disclaimer of time of a debt and solidary credit; unification of the interest rates in credit default; pay by deposit; payment by giving goods; remission and default.
The paper is also supported by citation of multiple authors from different places and references to foreign legislation as in the case of the Civil Codes form France, Brazil, Chile, Colombia, Ecuador Uruguay, Spain, Germany, Argentina, Italy (1942), the Venezuelan from 1942, from Portugal of 1967, Bolivian from 1975, Paraguayan form 1987, from the Lebanese Code of Obligations and Contracts, the Mexican Codes such as the one of the Federal District, Quintana Roo and Jalisco, Costa Rica, Guatemala, Bolivia and Civil Codes from Peru of 1936 and 1984.
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