Legal System
system of felon procedure
system of felon procedure. - 5. Presidential system and parliamentary system. - 7. System organization of parliament. - 8. Declarative registration systems and registration systems constituent. - 10. Registration systems and registration systems convalidantes convalidantes not. - 11. Folio real system and personnel system of the folio. - 12. File Systems with securities registration and registration systems without file titles. - 14. Registration systems complete advertising and advertising incomplete registration systems. - 15. Registration systems with public faith registration and registration systems without public faith registration. - 16. Registration systems with legitimacy and registration systems without legitimacy. - 17. Information Systems double registration and registration systems with a sale. - 18. Registration systems of registration of rights and registration systems for recording documents. - 19. Italian registry system. - 25. Peruvian registry system. - 29. Abstract system.
There are now many legal system as there are state in this sense we tin speak of Peruvian legal scheme Spanish legal scheme the Argentine legal scheme the German legal scheme the court scheme among other legal systems.
Besides these legal system are no standard for group the legal system of the various state among which we tin mention the procedural system notarial scheme register system authorities system including system noting that in many lawsuit system are devoted not only opposed but also mixed systems. That is, in some cases confused the legal term with legal families legal systems, so based on this we must differentiate. The first is made up of the right of every state in this sense we tin study the Peruvian legal scheme Chilean Argentine Spanish Italian French German among others while the sec is the grouping of legal system in this case we tin talk about Roman Germanic legal household park law Soviet religious system among others.
10 Luis Picazo precise assembly should not be considered normative inarmmico and heterogeneous. Besides accurate but often within the whole set without full rationality as a logical entedendida accurate, since many of the preceding rules of different historical moments and have obeyed impulses or motivations of different sign, the policy must be integrated together or try to integrate in a system. Although not a priori, that all its parts are not linked together from the point of view of strict logic, we must understand that it is to the extent that all parts should be marked by internal consistency and be solidarity between them, so that the assembly can be considered as what is currently called a structure. But if the system is not a given a priori, can be thought of as a work afterwards. Somehow we could say that we have to build the scheme or organize the multiple normative for better understanding and application.
In this legal scheme DEFINTION Luis Diez Picazo show that all standard to form a structure which is called legal system.
PROCESS SYSTEMS IN CIVIL
The jury is a characteristic of some procedural system are 12 judges of the difference between fact and law judges is clear in such procedural system in which the jury is the judge of fact while the justice are judges of law. In these systems Procedural jury verdict and has the Judge is drafting the judgment. The Peruvian judicial scheme Energy not support the being of the jury.
That is procedural system that support the being of the jury is the jury that decides the process. The judge Energy not decide who is right but only writes the sentence.
For Juan Monroy Galvez in civil procedural law existing legal systems are:
The Civil process codification is a publicizer unlike the codification of Civil process following a privatstico system.
In comparative law is vital to the study of the principle that come from the study of the principle tin be made more precise comparative studies. For example in the civil procedural law procedural principles are classified guiding principles of procedure privatstico system and guiding principles of the procedure publicstico system. That is by the study of the principle of process classifies procedural system and system publicsticos privatsticos systems.
The Peruvian civil process scheme is a procedural scheme publicstico.
Juan Monroy classifies the principle that guide the process each of these 2 system Explorer classifies the principle that guide the process of judicial scheme and the procedural scheme privatstico publicstico.
The principles of that procedure orietan privatstico system are:
1) rule of enterprise part.
2) rule of private defense.
3) matching principle.
The principles of that procedure orietan publicstico system are:
1) rule of judicial way of the process.
2) rule of urge informal.
3) rule of immediacy.
4) The rule of concentration.
5) rule of good religion and carnival trial.
6) judicial economy.
7) rule of celerity.
8) Start the process of socialization.
10) rule of bonding and elasticity.
11) rule of acquisition.
12) rule of estoppel.
That is more process oriented principle publicstico a procedural scheme in relation to the principle that guide a procedural scheme privatstico.
Procedural system are mixed system in this regard the Peruvian civil process scheme while a procedural scheme publicstico is also guided by the procedural scheme privatstico.
To Jorge Perez Urquizo procedural system are classified into procedural system inquisitive and procedural system devices.
The Lapp writer state that the inquisitorial trial scheme is characterized by the judge ex-husband officio probe start and performs all the procedural oriented reconstruct the fact and get to the truth. With this object uses all the evidence that is allowed, drives the process automatically, and personally addressed direct all inquiries and prosecutions. This scheme is characterized by the broad authorization and power enjoyed by the head judge of the process to achieve artificial reconstruction of the event in the process and establish who is right the real truth coming to trial.
Hugo Alsina say the scheme is characterized by procedural device that the judge tin not selfinitiate the process only return into account the grounds submitted by the party is that the fact on which the party agree the statement must rule based on the tried and argued therefore the court tin not go beyond the demand. In this scheme the party exercising judicial powerfulness of action the claim proposed to be help by the judicial authorization act all the grounds they deem appropriate the judge remains outside the process since no procedural activity allows you to set who is right and law the judge according to what appears the process and based on the grounds produced and provided by the party whose procedural truth could be or not consistent with the procedural real truth.
To Jorge Perez Urquizo the Civil process codification HA adopted principle of the 2 procedural system but prefers the inquisitorial procedural systems.
For Adolfo Alvarado Velloso the adversarial system or device is characterized by the following:
1) The process Begin only interested action.
2) The procedural impluso stakeholder made it not the judge.
3) The suspect or respondent who know from the beginning and he is accused or demand.
4) The party know who is the judge.
5) The process is populace which automatically eliminates posibilidads torment.
For the author the inquisitorial system is characterized by the following:
1) The process is initiated by action (prosecution) ailment or ex-husband officio.
2) The process in motion is made by the judge.
3) The suspect or respondent Energy not know from the beginning who or why is accused or demand.
4) The suspect may not know who is the judge.
5) The process is secret allowing the torment.
Jorge Perez classified Urquizo procedural system written in procedural system and viva procedural systems.
Alsina Hugo state that the viva process is characterized by the prevalence of the word on the writing process since generally the claim of the party the production of grounds his allegation of fact and law generally occur in one or more hearing the judge in these system process fully utilizes the rule of immediateness and failure usually is a consequence of what was done at the direction that establishes a record. Follow the scheme of the viva proceeding the process French German Italian Swiss and American audience are concentrated in most of the procedural where the judge HA the immediateness and instrument approach to the party to establish the truth of the fact struggle the rating of grounds in a more aim and a more just and equitable.
In the procedural scheme written all proceeding are written according Urquizo say Jorge Perez. To the writer of the procedural scheme feature written are grant security and truth especially in demand the defence counterclaim stud competition and other exception and allows greater security and soundness of the decision of the judges.
By the Lapp writer our legislation adopts the viva and the written scheme Explorer the mixed system.
Other system on the procedural law are the unit and the plurality case case in the procedural scheme unit case there is only one case unlike procedural system of multiple case in which multiple case exist which rule on the process. The Peruvian judicial system is a procedural system of multiple instances, according to the 1993 Peruvian Constitution in Article 139 paragraph 6 states that are principles and rights of the plurality jurisdiccinal function instance. In Roman procedural law was established 5 case which are as follows
1) First case before Judge (Judex).
3) one-third case before the praetor.
4) Fourth case to the imperial delegate.
5) Fifth pending before the Emperor.
The plurality scheme case HA the vantage that the process is solved by different people which are more difficult to go wrongfulness Explorer procedural system unit is easier case the judge err in resolving lawsuit brought present.
Other procedural system are unique scheme of court the plurality scheme of court and the mixed system. The first scheme is characterized by the process that resoluteness who is a bingle individual in the sec trial scheme solver are several process and in the mixed procedural scheme are several case in which there is both procedural system in this regard in the Peruvian State is enshrined mixed procedural scheme in the court that resoluteness a individual in Chambers resolved several people.
Other procedural system are the court of park the court of Special and Intermediate System. The procedural system of Common courts states that organs should be unique for all processes, has the advantage that there is no conflict of jurisdiction between the courts and special courts common. Is older procedural systems. The procedural system Organ Special Jurisdiccinales postulated to be specialized courts. The intermediate scheme state that must organize a park law exclusion and special privileges.
3) Latin notary system.
ATTORNEY ADMINISTRATIVE SYSTEM
In the administrative lawyer notary scheme must have legal qualification is a civil retainer and topic hierarchical disciplinary and functionally to the interest of socialist politics. The notarial deed has no advantage over the private document. The notary is dependant and as such exerts other functions.
COMMON SYSTEM OF ATTORNEY
In the AngloSaxon scheme there notarial protocol or formality of notarial documents. The notary prepares and certifies contract but the effectivity of your document is lower than the Latin notary.
Even in US who adopts this scheme the assignment is topic to time. The American notary certification is limited to firms, their product is offered as a commercial product in pharmacies, supermarkets and other shopping centers. The documents certifying enjoy no presumption of legality or lawfulness. People who exercise have no preparation. Not beingness a attorney aspiration Notary.
In the Latin notary scheme the Notary HA 2 function to attest and shape the notary must be a attorney the notary is exercised as an mugwump professional without any dependance or subordination. Notary's appointment is permanent. There Notarial Protocol. The legal document are presumed cogency genuineness legality and enforceability probative value which tin only be labeled a null or false after court proceeding followed with judgement so declare.
lawyer best known system are Imperial and Notarial scheme Latin notary system.
The Peruvian notarial scheme belongs to the Latin notary system.
Systems of criminal procedure are:
In the lexicon of the Spanish Royal Academy of the Spanish Language state that the adversarial scheme is the procedural bars the judge that the charge exceed the sentence you are required to do so or prior hearing to the parties.
In the Lapp lexicon state that the inquisitorial scheme is that unlike the accusatory allows the judge to exceed the charge and con even without it.
Sanchez Zavala Loaiza state that in the adversarial scheme the action is brought by the victim or his relative in charge of the test run witness that occurs before the judges popular.
The Lapp writer state that the action is so private moving suffered the hurt in his legal right life place award acquiring as in the civil trial plaintiff status beingness sued by the wrongdoer who was crossing the defence and emplazndolo citing the jury. The process HA all the feature of contention develops viva and publicly and terminates the verdict.
The Lapp writer state that the legal scheme instead inquisitorial action is populace office is exercised on behalf of the company to be violated the law for the law-breaking committed and subjected to the alleged wrongdoer to answer for the charge against the. The main evidence is the confession by not obtained directly, it searches the divine test, in the judgments of God, or the torment that has constantly used since the dawn of humanity. The process in this status lead to the secret almost to the ambuscade in which the funeral slab weighs ailment on the suspect written research leading to the judgement handed down by the Lapp investigator.
The Lapp writer state that the necessity character of the action that start with each of these procedure the private to the adversarial scheme and the populace to the inquisitorial trial system.
Also apply to some system of felon process system as the jury civil procedural system among others in this sense Energy not repeat the study of procedural system to avoid beingness repetitive.
2) Constitutions customary
The Peruvian authorities HA a written constitution which is the Peruvian Constitution of 1993.
By tradition in the Peruvian State HA always governed a written constitution.
Presidential system and parliamentary system
The lexicon of the Spanish Royal Academy of the Spanish Language defines the presidential scheme as a scheme of political organisation in which the president of the democracy is also the head of authorities without relying on the trust of the cameras.
Raul Chanam eyeball discusses parliamentary scheme in the sense that the parliamentary scheme establishes the separation of power especially in regard to the executive and the legislature. The government is involved in the drafting of laws and has the prerogative to dissolve the chambers, in return parliament holds the right to stop and the right to vote of no confidence to the Government. The parliamentary system can be broadly of two types: the dualist when the executive power is divided between the head of state and parliament itself, and the monistic situation where the real power belongs only to parliament and the head of state merely act as head of the nation, but political powers. The Lapp writer state that we must be aware that the being of a Parliament or camera is not necessarily the political fact of parliamentarism.
SYSTEM OF ORGANIZATION OF PARLIAMENT
parliament tin be divided into 2 class that are unicameral congress and congress bicameral. The congress is also known by the name of parliament.
In the unicameral congress and there is only one legislature chamber unlike bicameral parliament or Congress where there are 2 legislature chambers.
If we make a study of the parliament of the several state we tin determine that in almost all state there are 2 legislature chambers which are called upper house and lower house.
parliament have 2 camera have the vantage that the rule adopted Explorer law permitting are better quality while the disadvantage is that when 2 camera work is slower Explorer blessing Torah is slower. In these lawsuit not recharge the Constitutional court caseload.
parliament have a camera that HA the vantage of speed in the acceptance of standard and have the disadvantage that the Torah passed are not of great quality that is in these lawsuit charge the Constitutional court caseload.
With the Peruvian Constitution of 1993 established in the Peruvian one legislature chamber Explorer with the Peruvian Constitution of 1979 established the being of 2 camera which were the Senate (upper house) and the Chamber of deputy (lower house).
The first paragraph of Article 90 of the Peruvian Constitution of 1993 provides that the legislature powerfulness is vested in Congress which consists of bingle chamber.
REGISTRY SYSTEMS
The main registration systems we can mention the following:
2) Incorporation register systems.
3) Convalidantes register systems.
4) No Convalidantes register systems.
5) register scheme of the pagination Real.
6) Personal pagination register System.
7) enrollment register systems.
8) Transcription register systems.
10) File register system without Titles.
11) Complete Advertising register systems.
13) enrollment system with populace religion registration.
14) register system without populace religion registration.
16) register system without legitimacy.
17) double sale register systems.
18) with a sale register systems.
19) enrollment system of right Registry.
22) system Romanists.
24) French register System.
25) German register System.
26) Aussie register System.
27) Swiss register System.
28) Italian register System.
29) U. S. register System.
30) Brazilian register System.
31) Chilean register System.
32) Peruvian register System.
Each of these enrollment system are detailed below.
REGISTRY SYSTEMS AND SYSTEMS REGISTRY declarative CONSTITUENT
REGISTRY SYSTEMS declarative
indicative enrollment scheme is when the act or the real law is out of enrollment and registration grant enrollment promotion protects their right and give security Explorer we tin registry if you
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