PROCEDURAL AGREEMENTS A CRITICAL ESSAY ON PAST, PRESENT AND PROJECTED LEGISLATION OF PERUVIAN CIVIL PROCEDURE

Cavani R. · Revista Italo-Espanola de Derecho Procesal (2021) · DOI: 10.37417/rivitsproc/662

Resumen

This essay contains a diagnostic and a proposal about procedural agreements in Peruvian civil procedure. It starts with a historical approach to the origins of Peruvian Civil Procedure Code of 1993, showing that this legislation has its roots in a model in which the judge has great powers and those of the parties were clearly diminished. It follows with a hermeneutical effort to allow procedural agreements (based on the right of contractual liberty) and concludes with a brief exposition about the project of new Code on this topic. © Renzo Cavani.

Instituciones: Pontificia Universidad Católica del Perú