LAW PART III
(Articles 2068 º to 2101 º)
Article 2068 º .- Beginning and end of individual.
The beginning and end of the natural person is governed by the law of your home.
When legal effect depends on the survival of one or another home and they have different laws, and assumptions of survival of those laws are inconsistent, applies the provisions of Article 62 º.
Article 2069 º .- Statement of absence.
The declaration of absence shall be governed by the law of the last domicile of the deceased. The same law governs the legal effect of the declaration of absence in respect of property of the absentee.
Other legal relationships Absentee will be regulated by law that previously governed.
Article 2070 º .- Status and capacity of the individual.
The status and capacity of the natural person is governed by the law of your home.
The address change does not alter the state or restrict the capacity acquired under the law of the former domicile.
is not void for lack of capacity, the legal act held in Peru on the law of obligations and contracts if the agent is capable according to Peruvian law, except in the case of unilateral legal act, or rights to properties located in the abroad.
º .- Section 2071 Institutions under the incompetent.
The Guardianship and other institutions for the protection of the ward are governed by the law of your home.
urgent measures of protection that is incapable in Peru and, where appropriate, to protect their property within the Republic are governed by Peruvian law.
Section 2072 .- Rights and obligations of the state and legal persons of public law.
States and other foreign legal persons of public law and international legal persons of public law whose existence originates from binding international agreements for Peru, may acquire rights and obligations in the country, in accordance with Peruvian law.
Article 2073 º .- Existence and capacity of private legal persons.
The existence and the ability of private legal persons governed by the law of the country in which they were formed.
The private legal persons established abroad are fully recognized in law in Peru, and shall be deemed to exercise within the territory of the country, temporary isolation, all actions and duties assigned to them.
to regular exercise in the territory of the country of acts covered by the object of its constitution, are subject to the requirements established by Peruvian law.
capacity accorded to foreign legal entities can not be more extensive than that granted by the Peruvian domestic law.
Article 2074 º .- Merger of companies.
The merger of legal entities with different laws of incorporation, is assessed on the basis of both laws, and the law of the place of the merger when it takes place in a third country.
Article 2075 º .- Capacity and essential requirements of marriage.
The ability to marry and the essential requirements of marriage are regulated, for each of the parties, by the laws of their respective homes.
º .- Section 2076 Form marriage.
The form of marriage is governed by the law of the place of the meeting.
Section 2077 .- Right and duties of spouses.
rights and duties of spouses in all when it comes to personal relationships are governed by the law of the matrimonial home. If the spouses have a domicile different law applies, the last common domicile.
º .- Section 2078 of the marriage arrangements.
The property regime of marriage and relationships of the spouses regarding property are governed by the law of the first marital home. The change of domicile does not change the law competent to govern the relations of the spouses as to property acquired before or after the change.
Article 2079 º .- Nullity of marriage.
The nullity of marriage is governed by the same law is submitted to the intrinsic condition as grounds for such revocation offense.
The vices of consent, as causes of nullity of marriage, is governed by the law of the place of celebration.
Article 2080 º .- Effects of nullity of marriage.
The law of matrimonial domicile governs the consequences of nullity of marriage, except those relating to property of the spouses, who follow the law of matrimonial property regime.
Article 2081 º .- Divorce and separation.
The right to divorce and separation are governed by the law of the matrimonial home.
º .- Section 2082 Causes and effects of divorce and separation.
The causes of divorce and separation are subject to the law of the marital home. However, causes can not be invoked before the acquisition of the home they had spouses at the time of these cases occur.
The same law applies to the civil effects of divorce and separation, except for goods of the spouses, who follow the law of matrimonial property regime.
º .- Section 2083 Affiliation marriage.
Paternity marriage is determined by the law most favorable to the legitimacy, including the celebration of marriage or the matrimonial home at the time of childbirth.
º .- Section 2084 Affiliation wedlock.
The determination of paternity outside marriage, and its effects and its challenge is governed by the law of common domicile of both parents and child, or in his absence, the domicile of the parent who has possession of the state regarding child.
If neither parent had the possession of state, the law of the domicile of the child.
Article 2085 º .- Recognition of a child.
Recognition the child is governed by the law of your home.
Article 2086 º .- Standing.
legitimation by subsequent marriage, is governed by the law of this venue. However, if the law of domicile of the child requires the consent, should also be applied.
The ability to legitimize state or judicial declaration is governed by the law of the domicile of legitimizing and the capacity for state or legally entitled, by law of the domicile of her son standing by requiring the concurrence of the conditions in both.
action to challenge the legitimacy, is subject to the law of the domicile of the child.
Article 2087 .- Adopting.
The standard adoption by the following rules:
1. For possible adoption is required to be permitted by the law of domicile of the adopter and the adoptee's home.
2. The law of the domicile of the adopter is for regular: a.
- The ability to adopt. B.
- The age and marital status of the adopter.
c. - The eventual consent of the spouse of the adopter. D.
- Other conditions must complete the adopter for adoption.
3. A law adopted home of corresponding regular: a.
- The ability to be adopted. B.
- The age and marital status of the adoptee.
c. - The consent of parents or legal guardians of minors.
d. - The eventual breakdown of the relationship between the adoptee and the family blood. E.
- Authorizing the child to leave the country.
Section 2088 .- Rights in tangible assets.
The formation, content and termination of rights in tangible property are governed by the law of your state, formed when the real right.
Article 2089 º .- Tangible transit.
The tangible property in transit are considered at the place of their final destination.
The parties may submit the acquisition and loss rights in tangible property in transit to the law governing the original legal act of creation or loss of such rights, or the law of the place of dispatch of goods.
The choice of the parties is not enforceable against third parties.
Article 2090 º .- Movement of goods.
The displacement of the tangible property does not affect the rights that have been validly created under the rule of law above. However, these rights can only be opposed to third after fulfillment of the requirements established by the law of the new situation.
º .- Section 2091 Limitation of actions tangible goods in transit.
The requirement for tangible actions to change its location during the limitation period is governed by the law of the place where the time required to complete prescribed under the law of that place.
Article 2092 rem .- Rights transportation.
The creation, transfer and extinguishment of rights over the means of transport subject to a registration regime are governed by the law of the country where it was made.
Section 2093 .- Rights intellectuals.
The existence and scope of property rights relating to intellectual works, artistic or industry are governed by the provisions of special laws and treaties, and if they are not applicable, by the law of where these rights have been registered.
local law establishes requirements for the recognition and exercise of such rights.
Article 2094 º .- Form of legal acts and instruments.
The form of legal acts and instruments is governed by the law of the place where the grant or by the law regulating the legal relationship of the event object. When the instruments are granted to diplomatic or consular authorities of Peru, will observe the formalities established by Peruvian law.
Article 2095 º .- contractual obligations.
Contractual obligations are governed by the law expressly chosen by the parties and, failing that, by the law of the place of performance. If, however, must be met in different countries, are governed by the law of the principal obligation and, if it can not be determined by the law of venue.
If the place of performance is not expressly given or not is absolutely clear from the nature of the obligation, applies the law of venue.
Article 2096 º .- Autonomy of will.
competent law in accordance with the provisions of Article 2095, determines the applicable mandatory rules and limits autonomy of the parties.
Article 2097 º .- contractual liability.
contractual liability is governed by the law of the country where it is the main activity that causes the injury. In case of liability by default, applies the law of the place where the alleged offender should have acted.
If the law of the place where the injury is considered responsible for the agent, but not the law of the place where the activity occurred or omission that caused the injury, the first law is applicable, if the agent had to provide for the production of damage in that, as a consequence of his act or omission.
Article 2098 º .- Obligations arising from law and other sources.
obligations born by rule of law, business management, unjust enrichment and undue payment, are governed by the law of the place which is or should be carried out by the fact generating the obligation.
º .- Section 2099 statute of limitations.
The statute of limitations for personal actions is governed by the law governing the obligation to be extinguished.
Article 2100 º .- Succession.
Succession is governed, regardless of place of location of property, the law of the last domicile.
Article 2101 º .- Succession property located in Peru.
Peruvian law governing succession to property in the Republic if, under the law of the domicile of the deceased, they must pass a foreign state or its institutions.
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