The
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
of
Peru
, image_flag = Flag of Peru.svg
, image_coat = Escudo nacional del Perú.svg
, other_symbol = Great Seal of the State
, other_symbol_type = Seal (emblem), National seal
, national_motto = "Fi ...
includes a constitution and legislation. The law of Perú is part of the Roman-Germanic tradition that concedes the utmost importance to the written law, therefore, statutes known as leyes are the primary source of the law.
Constitution
The present constitution is that of 31 December 1993.
Legislation
The legislature is
Congreso de la República del Perú. The gazette is called
El Peruano, Diario Oficial. Legislation includes instruments called laws (Spanish: ley) and decrees (Spanish: decreto)
List of legislation
No Longer in force:
*Penal Code of 1836
*Penal Code of 28 July 1924
*Civil Code of 1936
*Civil Procedure Code of 1912
*Constitution of 1978
*Commerce Code of 1902 (Only partially in force).
Currently in force:
*Civil Code of 1984 (Código Civil)
*Code of Criminal Procedure of 1940 (Only for Lima)
*Penal Code of 8 April 1991 (Legislative Decree No 635)
*
Decree Law 25418 Decree Law 25418 is a highly controversial Peruvian law decreed in April 1992 by then-President Alberto Fujimori. The decree essentially provided the legal trappings for the coup d'état of April 5, 1992.
The decree renamed the government, dissolve ...
of April 1992
*Legislative Decree No 822 of 23 April 1996
*Code of Criminal Procedure of 22 July 2004 (Legislative Decree No 957)
*General Law of the Administrative Proceedings (Ley del Procedimiento Administrativo General No Ley 27444).
*Law of Smuggling (Mainly for Smuggling of objects and never human smuggling) in Spanish as Ley de los delitos aduaneros No Ley 28008
Courts and judiciary
There is a
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
and there are
Superior Courts,
["Peru". Guide to International Legal Research. LexisNexis. Butterworths Legal Publishers. 2009. . para xon p 588.] Courts of First Instance
A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Mos ...
and
Courts of Peace.
There was formerly a
Real Audiencia of Lima The Real Audiencia and Chancery of Lima ( es, Audiencia y Cancillería Real de Lima, links=no) was a superior court in the New World empire of Spain, located in the city of Lima, capital of the Viceroyalty of Peru. It was created on November 20, 154 ...
.
Legal practitioners
There is a
College of Advocates of Lima (Spanish: Colegio de Abogados de Lima). since 1811. The college has been equated with a
bar association
A bar association is a professional association of lawyers as generally organized in countries following the Anglo-American types of jurisprudence. The word bar is derived from the old English/European custom of using a physical railing to separ ...
. Legislation relevant to advocates has included decrees of 6 April 1837, 31 March 1838, 27 April 1848, and laws of 8 January 1848 and 21 October 1851.
Criminal law
There is a Penal Code (Spanish: Código Penal). The Penal Code of 1836 was the country's first. The Penal Code of 28 July 1924 was replaced by the Penal Code of 8 April 1991 (Legislative Decree No 635).
The Code of Criminal Procedure of 1940 was partially superseded by the Code of Criminal Procedure of 22 July 2004 (Legislative Decree 957)
Mining
According to Guillaume, the mining laws of Peru were reformed by a new law passed by Congress, in January 1877, which reformed the old laws very considerably, establishing a new basis for mining property, and introducing other important reforms for the protection of this industry. The mining laws of various nations were studied, and the new laws were, in part, based upon the law then in force in Spain.
[Herbert Guillaume. "The Mining Laws of Peru". The Amazon Provinces of Peru as a Field for European Emigration. Wyman and Sons. 1894. Page 178]
Internet ArchiveGoogle Books
/ref>
Copyright
As to copyright, see Legislative Decree No 822 of 23 April 1996.
Tax
Taxes of the central government as Income Tax and Sales Tax are collected by the National Administration named SUNAT(Superintendencia Nacional de Administración Tributaria).
Other history
See the New Laws
The New Laws (Spanish: ''Leyes Nuevas''), also known as the New Laws of the Indies for the Good Treatment and Preservation of the Indians (Spanish: ''Leyes y ordenanzas nuevamente hechas por su Majestad para la gobernación de las Indias y buen t ...
of 1542.
See also
*Peruvian nationality law
Peruvian nationality law is regulated by the 1993 Constitution of Peru, the Nationality Law 26574 of 1996, and the Supreme Decree 010-2002-IN, which regulates the implementation of Law 26574. These laws determine who is, or is eligible to be, a ...
References
Peru
Guide to Law Online. Law Library of Congress.
*Helen Lord Clagett. A Guide to the Law and Legal Literature of Peru. Library of Congress. Washington. 1947
HathiTrust
*David M Valderrama. Law & Legal Literature of Peru: A Revised Guide. Second Edition. (Latin American series, volume 39). Library of Congress. US Government Printing Office. Washington. 1976
HathiTrustGoogle Books
*José Antonio Honda. Energy Law in Peru. Kluwer Law International, Wolters Kluwer. 2010
Google Books
*Alfredo Bullard Gonzalez. Competition Law in Peru. Wolters Kluwer Law & Business. 2017.
Google Books
*A D Garman. Mining Laws of Peru. U.S. Department of Commerce, Bureau of Mines. 1929. (Information Circular, volume 6216)
Google Books
*Roger Daniel Moore, Joaquin Servera and James La Salle Brown. Trading under the Laws of Peru. US Government Printing Office. 1930
Google Books
*Lynn Bartlett. Labor law and Practice in Peru. US Bureau of Labor Statistics. 1968. (Issue 338 of BLS Report). Google Books
*Jorge Eugenio Castañeda. A Reference to the Laws of Peru in Matters Affecting Business in Various Aspects and Activities. Inter-American Development Commission. 1947
Google Books
*Hernando de Lavalle. A Statement of the Laws of Peru in Matters Affecting Business. Fourth Edition. General Secretariat, Organization of American States. 1973. Third Edition. 1962
Google Books
{{South America in topic, Law of
Law of Peru