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CONTENTS:
1. General. – 2. Background. – 3. Sources of law. – 4. Law and economics. – 5. Reflections on incentives and disincentives that are studied by the economic analysis of law. – 6. The registration reduces transaction costs. – 7. Externalities. – 8. Economic efficiency of legal institutions. – 9. Market. – 10. Roman law. – 11. Foreign law. – 12. Comparative law. – 13. Journals. – 14. Exponents of the economic analysis of law. – 15. The economic analysis of law is only one method. – 16. The economic analysis of law is no panacea. – 17. Economic analysis of law, negotiation and pre-contractual liability. – 18. Economic analysis of law and registration status of Documents. – 19. Economic analysis of law and civil law. – 20. Economic analysis of law and other branches of law. – 21. Economic analysis of law and business law. – 22. The economic analysis of law is not a branch of law. – 23. Source of inspiration. – 24. Sources of information. –
1. GENERAL
There are various methods of statutory interpretation, among which we mention the literal method, the teleological method, the sociological approach, the functionalist approach, the main methods of interpretation, however, the methods of interpretation change and find new methods interpretation in law.
In all States not apply the same methods of interpretation, in that sense, not all states equally applies economic analysis of law.
By applying various methods of interpretation is possible to reach different results in each method of interpretation, which to apply the analysis of law can be reached different conclusions are reached by applying other methods of interpretation.
The economic analysis of law is a method of statutory interpretation which aims to maximize benefits at the lowest cost, or maximize the results and benefits in a context of scarce resources.
The economic analysis of law rules of economics apply to the right. In that sense from some perspective economic analysis of law is the law applied economics.
In the economic analysis of law among other topics are discussed incentives and disincentives. Incentives are measures through which it promotes such conduct. The disincentives are measures through which it promotes an event does not occur or occurs.
That is, through the legislative rules can encourage or discourage certain behaviors, such as penal codes in the states that belong to the Roman Germanic family discourage behaviors that are defined as crimes in each State. .
For some authors, much of the law can be understood by applying the economic analysis of law.
Some authors are against the application of economic analysis of law. Above all philosophers are those who question the application of this method of statutory interpretation.
Applying economic analysis can determine when it is efficient to breach a contract.
The grounds on which the analysis is against the law is that this trend is in violation of good faith and values, ie, this method can be distorted from a certain perspective. However, there are undeniable advantages of applying the economic analysis of law.
It is necessary to specify that the right is not only a set of rules but is also necessary to consider the values and human behavior as accurate as three-dimensional theory of law.
The author who developed the economic analysis of law in our country is Bullard Alfredo Gonzales.
In our environment there is little literature on the economic analysis of law which does not allow for the necessary studies.
The sources of information on the economic analysis of law are also in legal journals.
In our area there are few lawyers who specialize in economic analysis of law and less than those published on this method of statutory interpretation.
At Yale University are organized masters dedicated to the study of law analysis.
In our economic analysis of the new law applies in recent years.
In the economic analysis of law are considered transaction costs and is oriented to the standards adopted to reduce transaction costs.
The costs of information are part of transaction costs.
The economic analysis of law not only applies to civil law but also to corporate law, criminal law and the registry law and other branches and areas of law. For example in the registry law shows that the advertising registration reduces transaction costs. Another example is located within the corporate law in which we have determined that the Company’s Code reduces information costs, and therefore the transaction costs.
For some it can define transaction costs as those originating in the identification, collection, negotiation and enforcement of the contract between the parties. Transaction costs include the costs of identifying the parties with whom one is holding a contract, the costs of meeting the costs of negotiating and concluding and executing a contract
Another theme that was developed in the analysis of law is the efficiency of legal institutions, legal institutions that sense they are not efficient should be reformulated or replaced, in the same sense of efficient legal institutions should be enshrined by legislation, for example some writers devote the pact is efficient commissory (now is enshrined in the Peruvian law and intangible fixed assets, according to the law of security interest this year 2006) in Peruvian law that is less costly for the creditor, which for some writers is regarded as the weaker party.
The judicial process is inefficient in Peruvian law, therefore, the law creates mechanisms for not resorting to it among which we mention the arbitration and conciliation, which have recently been developed in the Peruvian State.
The economic analysis of law must be studied as a method of interpretation of social reality. However, sources of information to develop methods of interpretation are not always dedicated to the study of the economic analysis of law. That is, the information sources that develop interpretation methods usually do not develop the economic analysis of law.
The economic analysis is applicable not only to law but to all human activities.
We can say that the positive law of states belonging to the Germanic Roman family should be encouraged that the contracts have expired, making it necessary to state that the Peruvian government incentives exist that contracts are not fulfilled, therefore, it is necessary modify the Peruvian Civil Code of 1993 for civil proceedings to have a shorter duration, and so the incentive is contract enforcement. As an urgent measure is needed to the Peruvian civil procedure law for payment.
The incentive to pre-contractual liability in contract negotiations are in good faith.
The privatization also apply the analysis of law, that only one company should be privatized when it is efficient privatization.
The Peruvian tax law does not encourage the establishment of legal entities for tax purposes because they can not be taxed in the Unico System Simplified (RUS) but can only pay tax in the Special Regime of Income Tax (RER) or the General Conditions Income Tax (RG). That is, in the last two tax regimes are taxed more and it is more difficult and expensive to pay tax on books of accounts, so it can be seen as positive law Peruvian constitution discourages private legal persons.
The customs duty can not be encouraging exports through taxes, for example you can not reward exports through tariff measures.
In the customs duty should be discouraged imports through tariff measures.
The economic analysis of law is just an interpretation, however, in our environment has gained considerable importance, which does not happen with other research methods. That is, it is astonishing that in our environment so much importance is given to a method of interpretation.
The methods of interpretation are equally important at all times, for example at one time was very important exegesis (in France after the French Civil Code 1804) and the pandects (in Germany around 1900).
The economic analysis of law seeks to apply economics to law, and not just legal institutions. That is, the economy seeks to apply to all sources of law (this sub-theme we will develop in the sub title three, so that now will not develop the same.) Seeks to allocate scarce resources in a market, using for the right effect.
The law is to regulate the economy, in this sense the latter is determined by the law, and within it not only by positive law or legislation. We need to acknowledge that this is the main function of law.
The law has economic implications, such a sentence (which may be case law or enforceable and in the case of administrative decisions) have the same or doctrine, that is, not only the law but also other sources of law.
The lawyers who aspire to be lawyers must have notions of economy and economic analysis of law and effect can understand the economic implications of legal institutions, ie without such notions, you can not understand them. For the record that the market is an institution.
For economic agents (which are state enterprises and mainly, but not the only, some for this trader added as the family. We need to acknowledge that some people confuse traders and entrepreneurs, which is necessary to record order not to mislead the reader or researcher, that is, operators are studied not only for business law, but also in other areas of law, therefore it is difficult for a branch of law does not consider the operators) are vitally important these notions, so we can say that if a trader does not know the same can not develop easily in the market.
2. BACKGROUND
In any research work necessary background checks to take into account the work carried out on the discipline studied, if we can not review them aside important part of the doctrine in this regard then review them. All this contributes to more reliable conclusions, accurate, prepared and worthy to be taken into account for further studies studies on the method in question.
The economic analysis of law is the main background in the law of the United States of America.
Later records appear in Peruvian law, among which we mention the book The Other Path authored by Hernando de Soto’s Instituto Libertad y Democracia, then appear in other books and now we can cite the books of this method Alfredo Bullard Cantuarias Fernando Gonzales and Salaverry. And the work of Pizarro Luis Aranguren.
Most existing work on this method are civil and administrative law, therefore need the application of this method to other areas of law. Especially that few know about its benefits, however, it is necessary to take into account that it is a method with many flaws and detractors, therefore it is not a perfect method. However, we can not say that it is a method, however, other methods are fairly reliable if the method dogmatic and comparative functional.
However, we must place on record that in several legal journals Peruvian find some articles on this method.
That is, the economic analysis of law is a method that has recently appeared, having no very ancient history, therefore, when seeking sources of information, we must select from these later versions, since in case of check books Two hundred years ago, will not find information.
3. SOURCES OF LAW
When studying any subject is necessary to consider the sources of law, which are little known by the lawyers, so then we will refer to them.
The law has the following sources: the law, doctrine, jurisprudence, enforcement, general principles of law, custom, social reality and manifestation of will. Which can be considered as parts or elements of the right, however, this topic is not too worked or studied.
In this regard we must place on record that the economic analysis of law can be applied to all sources of law. You can search for economic efficiency of all of them together or separately. In this sense, one can find the economic efficiency of the law, doctrine, jurisprudence, enforcement, general principles of law, custom, social reality and manifestation of will.
No source of law is outside the law and economics, so that every lawyer should aspire to be a lawyer, learn and become the same.
4. LAW AND ECONOMICS
The right has a history much older than the economy, in this sense, the economy has very ancient history.
The law and economics should be applied together, because they are divided only for purposes of study.
The economic principles should be used in the law, so any jurist should dominate the economy.
Studied law in private law, public and social, which include all branches of law, among other topics.
In economics studies the economic efficiency of the institutions, externalities, costs, market supply and demand, among other issues specific to it, however, it is necessary to mention that few lawyers have notions of economy, which can be used as an advantage over lawyers who do not handle these economic terms or concepts or economic tools.
Of the economy suggest the following books:
1) Corporate Finance Stephen A. Ross, Randolph W. Westerfield and Jeffrey F. JAFFE. This book develops the value and capital budgeting, risk, capital structure and dividend policy, long-term financing, financial planning and short-term financing and special topics such as mergers and acquisitions, corporate finance and financial difficulties. In this book the items missing are the divisions develop.
2) Macroeconomics. Approaches and Models of Felix Jimenez. Which is developed in macroeconomics brief history and basic concepts, macroeconomic and national accounts aggregates, microeconomic foundations of macroeconomics, supply, money, financial markets, balance of payments, macroeconomic theory and new trends in macroeconomic theory.
3) Principles of Economics N. Gregory Mankiw. Which develops in the supply and demand, markets and welfare, public economics, the conduct of business, the economic analysis of labor markets, advanced topics, macroeconomic data, the real long-term economy , money and prices in the long term, economic analysis of open economies, the short-term economic fluctuations, among others.
4) Robert S. Microeconomics Pindyck and Daniel L. Rubinfeld, in which he develops markets and prices, producers, consumers and the competitive supply, strategic competitiveness and market structure, information, market failure and the role of the state, and more.
In these books are developed major economic issues, which are very useful for lawyers.
These books are not economic analysis of law but of economics, however, provide us with tools that provide insights into the first.
5. REFLECTIONS ON incentives and disincentives are examined by the Economic Analysis of Law
Performing a review of the economic analysis of law (for some lawyers is a method of interpretation and for others it is a method of research) we can say that incentives are measures that can be legal (referring to legal action we are the measures taken through or by positive law), or extra to reward or promote, making increase or increase the frequency of a given activity or behavior. In this sense the set in the Peruvian Penal Code in 1991 that murder is a crime is encouraged that Peruvians do not commit this crime. By stating in the Peruvian Civil Code of 1993 that judges can impose fines is encouraged that the parties, lawyers, experts, witnesses and third parties acting in good faith in the Peruvian Civil Procedure. Also at creating procedural code of civil procedure takes too is encouraged breach of contract in the Peruvian law. Another assumption is the case of tariffs in customs duty for which in some cases is encouraged that there are no imports in different states. By setting high standards in the same application code on civil procedure is encouraged that the demands and demand answers are presented with the legal requirements. Another assumption is the case of constitutional guarantees which are encouraged to respect constitutional rights. As enshrined in Article 2014 of the 1984 Peruvian Civil Code and Article VIII of the preliminary title of the consolidated text of the General Rules of the Public Records of the principle of public faith registration registry entries are encouraged when they meet certain requirements in the Peruvian law . Another assumption is the case of the high salaries of cabinet ministers, congressmen, presidents of regional governments and president of the republic with which the Peruvians are encouraged to aspire I run for those positions. As there is a certain date in the deeds and preserved in notarial acts are encouraged legal, contracts and guarantees held or form using the same. Another assumption is the case of the highly charged trial and registry thus encourages the lawyers do not work in the judiciary or in the registry offices. By establishing a subpoena in many cases are encouraged to commit crimes in the Peruvian law. Another case is that almost all processes in the Peruvian law (except in the constitutional motion in which the constitutional court decides without appeal) provide means with which impugnatorios encouraged that the resolutions are properly issued. By stating in the Peruvian civil procedural law of res judicata fraudulent annulment specifically in Article 178 of the Peruvian Civil Code of 1993, is encouraged that civil proceedings are dealt with in accordance with due process. Another case is the reversal in Article 624 of the same code which is encouraged that the relief was formalized in property of the defendant or executed. As established in Article 514 of the Code mentioned that the application must be filed within three months after it became enforceable resolution that caused damage are encouraged that the process of accountability of judges are initiated in a short period of time. Another case is the possessory assumptions embodied in Article 912 to 915 of the Peruvian Civil Code of 1984, which is encouraged to be exercised in the possession of the property. In establishing benefits for the registration of copyrights, patents, trademarks and trade names in Indecopi registration is encouraged. Another case is the advertising material set forth in Article I of the preliminary title of the consolidated text of the General Rules of the Public Registry in which the second paragraph states that the contents of the registry items relating to third even if they had not had actual knowledge the same, which registrations are encouraged. When established in paragraph 3 of Article 1099 of the Peruvian Civil Code 1984 that the registration of ownership is a prerequisite for the validity of the mortgage, mortgages are encouraged to register. Another assumption is that the registration of private legal persons in the register of legal entities gives them legal status under Article 77 of the Peruvian Civil Code of 1984, and in many cases leads to limited liability to contributions, thus encourages the entry of the private legal persons. By establishing in law the principle positive Peruvian priority registration or range is preferred incentive to mortgages and foreclosures is applied for registration as soon as possible. For the record that Article 2016 of the Code provides that the priority at the time of registration determines the preference of the registration rights granted and that section 1112 of the same rule provides that mortgages will be given preference because of their seniority within the date of registration, except when dispose of its range. Another case is that Article 2011 of the same standard embodied in its first paragraph the principle of legality with which they are encouraged to record the titles are the legal requirements. By establishing positive law Peruvian fines those who do not bear the Peruvians are encouraged to fulfill that duty. The record that also sets fines for board members who do not act as such.
However, in the legal system there are some inconsistencies or failures of this system, for example in tax law imposes sanctions or penalties on employers, causing it if they have income taxpayers, through the simplified single system, and if their income are greater are required to pay higher taxes, including general sales tax and income tax and in some cases excise taxes. In this sense the current tax laws are not encouraged investment and income, but it punishes, punished, reprimanded or discourages (disincentives are also studied by the economic analysis of law, by which through legislative or extralegal be punished, reprimanded, or sanctioned conduct or activity, making these the frequency of this behavior or activity is reduced, decreases or disappears) to that effect is necessary to make the relevant legislative amendment or what it is necessary to amend Peruvian positive law and positive law abroad whoever containing these inconsistencies or failures of legal system. But if an employer has no business or income by establishing rewards inefficient it does not pay income tax or general sales tax or excise tax.
However, in some cases it is difficult to encourage or discourage a behavior, but it is clear that these measures are not only for individuals but also for legal persons and autonomous entities or entities not personified.
6. REDUCE THE COST OF REGISTRATION TRANSACTION
When we refer to the register we refer not only to public records grouped by the law 26 366. But we refer to all records can be public and private. In that sense, these notions are of vital importance for the updated records of members, registration of shares, registration of thoroughbred horses, among others. It is vital that this issue not only in law and real estate registration law, but in most branches of law such as corporate, civil, civil procedure, among others.
The possession and the registry as a mechanism for advertising (because they allow unpublished), may be invoked (because they allow opposing) cognocibilidad (because they allow us to know) and recognocibilidad (because it can recognize), reduce transaction costs for which are enshrined in assumptions possessory our legal system as well as assumptions are enshrined in the principles registration. Possession for the record has such disadvantages for the sites is not easy to apply for places that are inhabited by many people, while the registry may be used without difficulty in such cases. Possession can not be used for some cases such as the mortgage, pledge legal delivery, the non-possessory pledge, inter alia, that in such cases the entry is a valid requirement to provide such security interests.
To enter into contracts () () () is important to keep certain information about the property on which you are considering hiring and for the person with whom you can, for example when you want to buy a property, or vehicle matriculated, or about shares in a trading company limited () () is very important to determine before the conclusion of the contract who is the owner of the property on which it will hire (), which can be determined by requesting the certificate. The same applies when we want to conclude a contract of significance () with a company or other person, for instance matriculated buy a property owned by a legal person, in such circumstances the certificate is also necessary for the competent Registry Office Registry Real Estate, a certificate from the Register of Legal Persons in which it appears that the person who signed the contract on behalf of legal person is really the representative of legal person.
That is, in the conditions indicated is important to identify parties with whom one will contract and taking into account transaction costs include the costs of identifying the parties with whom one is going to be treated, the costs involved in meeting with these parties, the negotiation process itself and the costs of implementation of any agreement to be reached under what precise Polinsky (). In this sense we can say that the registry reduces transaction costs, specifically by reducing the costs of identifying the parties with whom you are going to treat as it through the registry is easier and less costly to know and determine who is the owner of a building or vehicle matriculated. The same is true when you want to enter into a contract with an agent of a natural person in whose case the vital information we provide not only the Property Registry for registration but also the mandate and power.
We not only need information to make contracts, but for other cases also need access to certain information for example () suing Acquisitive prescription of dominion, supplementary titles, correct or delimitation of areas or boundaries () and to apply intestacy () .
The information provided by the Registry is also important to not be legal persons with the same name, corporate name ().
When the record gives us certain information is necessary to make the registry system in question, eg the Peruvian Registry System Registry System is a registry of Rights so the information provided by the Registry in these registry systems have greater accuracy than information provided by the registration system of registration documents (.) That is, the registration system of the Registration Rights Records certifies who the owner while the registration system of Registration of Documents Registration certify who are the prospective owners.
7. EXTERNALITIES
There are some songs are more complex than others in this document, so not all are simple, but some have some or most complex, are located in this group externalities, a topic that is not easy to explain or understand or understanding, so one must resort to books on economics and microeconomics, to facilitate their study by the jurists and lawyers in general.
To understand the externalities we have previously studied markets, which regulate the supply and demand. In the market are supply and demand.




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GOOGLE Inc., the company’s video service YouTube, and Yahoo Inc. on Thursday (15 / 4) filed a lawsuit back against Xerox Corp. has sued three companies for violating patents on Internet searches.

According to federal court records in Delaware, USA, Thursday, the defendants asserted that they did not violate two patents as alleged or the patent is invalid. Hence, the problem can not be sued by Xerox.

Xerox has sued Google, YouTube, and Yahoo in February. Company is famous for its copier products that claim that Google services like Google Maps, YouTube and AdSense advertising software, as well as Yahoo Shopping, had violated two patents since 2001.

According to court records, Xerox explained that the two patents that are related to technology systems that generate questions for information related to documents and methods of integrating information from documents and other data. The Xerox demanding compensation for the past violations and prohibits the defendants to use these technologies.

Introduction human component as an input to the statistical forecast. The development of a statistical forecasting plays a major role in the creation of a valid demand plan, and should not be routinely treated as a black box. Christopher Koch (2004, http://www. Cio. Com/archive/061504/nike. Html), warns that “Throwing a bunch of historical sales in a program and waiting for a magic number – the basic concept behind demand software planning – not necessarily the absolute truth. ” Many planners have realized that without the human component, the statistical forecasts alone do not provide adequate estimates of demand. In an article for CIO Magazine, Ben Worthen (2003, http://www. Cio. Com/archive/071503/future. Htmlkjcv) said that “The demand forecast sounds like an exact science, but if you look carefully people are half the equation in the process. ” special issue of the journal Forseight June 2005, several authors focused their views on how to integrate quantitative and qualitative forecasts. Nigel Harvey (2005, p. 18) summed it up: “As Paul Goodwin and others, I believe that expert opinion and statistical methods complement each other in the forecasting process and that the problem for planners is to decide when and how to combine achieve the best combination. “demand Many planners realize that the automatic forecast does all the work. The statistical models used in developing their forecasts working with “raw” data. Models do not know whether the numbers represent chips or USB sticks, they are not able to interpret a slope in sales and an excess production or whether a peak in demand is the result of additional advertising or sale of a random. Moreover, statistical models do not predict unexpected circumstances. Ana Ku (2002, http://www. Analyticalq. Com / energy / demand / default. Htm) rightly mentions in his note “If the inputs to the forecasting model are poor, it would be very difficult to get a good outcome no matter how good your model.. ” is important to note that the above applies if in the process is a structured process of forecasting. Sales and Marketing – Meetings Predemanda Many processes demand planning process are the following: Generate statistical forecasts.Adjust forecasts based on market knowledge.Reaching consensus and publishing the results. A better strategy would bring knowledge as an input in the development of statistical forecasts. This strategy has been very well received among many academic outcome. J. Scott Armstrong (2001, p. 736), in his book Principles of Forecasting, mentions the importance of using knowledge of sales and marketing as inputs in the development of functional planning. Principle 11. 2: Using a structured knowledge as input to quantitative models. Principle 11. 3: Use knowledge to select, weigh, and modify the quantitative methods. investment of time and energy in models that incorporate the proper knowledge will help analysts to create more accurate statistical forecasts will reduce the number of manual changes and improves the accuracy of estimates. Company J. R. Simplot, Sales and Marketing staff participate in meetings “predemanda.” These meetings are organized, evaluated and made the latest business information. It documents the process thoroughly and sharing the results with analysts before the construction of statistical models. Here are some conclusions drawn in this process of incorporating knowledge of sales and marketing that helped to improve the statistical forecast results: When forecasting statistically SKU level and then distribute the results in descending order were achieved better results than predicted desagragada form.A classification of pareto on references to concentrate the efforts on the reference type (those critical to the business) and schedule revisions with lower frequencies in type B and C.The articles whose behavior is too variable to predict by means of a statistical model, are removed gradually as the months pass, since these items usually have special features such as contracts for fixed amounts and dates, news items which have no history, which makes the performance of a statistical model is very poor.It should measure the impact of events in the behavior of the application, identify patterns in which sales can increase suddenly and investigate the causes of these behaviors in order to ponder and predict its impact to future.It is necessary to measure performance by comparing the actual value forecast vs forecasted, identify causes and take action. is very important to have a tool to model this type of situation. Review and Consensus worth noting that qualitative adjustments will continue to be for those references which have not incorporated the history of events held (promotions, advertising etc.), or those who were not under consideration at meetings of predemanda. Once generated, the statistical forecasts are reviewed with the team’s planning application to include those new products to be predicted, which should be excluded from the statistical forecast and finally those who require additional information. As a result of this review will reach a consensus on the statistical forecast. After reaching consensus on statistical forecasting formalized scheduled reviews that involve the departments of Sales, Marketing, Operations and Management. The reasons for additional changes include new developments planned, win or lose major customers contraction of production and management actions orientadasa align sales with strategic objectives of the company and the decision to promote a particular product to achieve market share projected. Conclusion Many companies are based forecasts generated from a software to start your planning cycle demand, and then make manual adjustments incorporarn knowledge of sales, marketing, and operations. To incorporate and formalize knowledge in the construction of the base forecasts can be increased forecast accuracy between 10 and 15% and reducing manual adjustments by approximately 40%. For more information about this topic, or related issues please contact us at info @ mind. com. co or visit a ”nofollow” _trackPageview(‘/outgoing/article_exit_link’);” onclick=”javascript:pageTracker. href=”http://pronosticoexperto. com” www. pronosticoexperto. com / a, a ”nofollow” _trackPageview(‘/outgoing/article_exit_link’);” onclick=”javascript:pageTracker. href=”http://planeaciondemanda. com” www. planeaciondemanda. com / a

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Van las multas hasta $100 mil para comerciantes CONY CORREA LÓPEZ NOTA PUBLICADA: 8/14/2010
Desde los mil, a hasta los 100 mil pesos de multa, estarán obligados a pagar los comerciantes que incidan en incumplir las normas establecidas por la Procuraduría Federal del Consumidor (Profeco).

Naftas: intervención oficial para frenar los aumentos
Esta medida fue dispuesta por la Secretaría de Comercio de la Nación. Tratarán de garantizar el suministro de las naftas pero también buscan controlar sus precios.