Vol. 2 No. 3 (2014): Forseti Nº 3

Dear FORSETI readers,

On this occasion we are pleased to present the second issue of the 2014 law journal FORSETI, which has as its main theme the civil patrimonial law.

We chose this central theme for a number of reasons. First of all, of course, the thirtieth anniversary of our Civil Code has undoubtedly been one of the main reasons that encouraged us to make our contribution to the subject.

However, this is in addition to the fact that, as a natural source of consultation, we required an issue that highlights our quality as a law journal in general. What better way to do this than by contributing to the study of legal relations between private individuals. Finally, the private ones are the real engine of our economy and the basis of our constant growth as a country.

This edition constitutes a synergy between experienced lawyers, young promises and even students. Thus, first of all, Marco Antonio Ortega presents us with a complete analysis of the object of contracts, analysing the implications of the conventional method of transfer of ownership.Guillermo Arribas, for his part, focuses his interest on questioning hidden vices and their recovery. In the matter of real rights, Martín Mejorada analyses the prohibition of mortgaging future goods, and comments on how some future goods are in reality present rights. The article gives as a main example the commercial activity of real estate companies at the time of launching their projects; and how the acquirers demand a higher and higher level of opposability. Raúl Ravina, from the recent modification to the Civil Code in the matter of possessory defense, criticizes how the content of such modification could eventually allow possessory defenses after a long time has passed since the loss of possession.

Next, Luciano Barchi offers us important reflections on the regulation of prescription in our Civil Code, making a comment in relation to the same figure in other legislations. He also devotes his article to explaining the raison d'être of the prescription and its nature. Renzo Saavedra, for his part, explains the relationship between rights and legal remedies. Next, Luis Miguel Velarde and Fernando Ikehara, as co-authors, draw attention to the problems related to compensation for civil damages in criminal cases, explaining that the commission of a dangerous crime should not always lead to compensation. Likewise, the authors criticize (and later propose) the method used to calculate the compensatory amounts.

On the other hand, Jose María de la Jara gives us a psychological view of the existing biases in our judges when applying the requirements for the configuration of the attribution factor and the damage in civil liability matters.

In our miscellaneous section, Juan José Martínez conducts a correct review of trusts in public administration, and their current situation. He also presents a series of proposals that would lead to improved legislation.

As is customary in FORSETI, we present a research work carried out by Brenda Gatica, Franco Gratta and Andrea Limón, in which they explain the so-called "anchoring" effect in the negotiations from a perspective of law and psychology.

Finally, we also present four jurisprudences that we consider have had repercussions due to the relevance of their content. Among them, the new pronouncement of our Constitutional Court stands out, revoking the possibility of the administration to carry out diffuse control. The same collegiate, in another pronouncement, protects the property rights affected by the closure of the Monumental Stadium. In third place, a resolution of the Superior Court is presented that delimits the legal nature of a bond and a civil bond. Finally, the supreme court argues the reasons why the criminal action interrupts the statute of limitations.

Without prejudice to the quality of our authors, who logically make this edition a substantial contribution to the legal community; we wish to dedicate this introductory section to the impact that FORSETI represents.

The 30 people who make up FORSETI today are convinced of the central importance of being a source of reliable, quality and free academic content.

We were the first to succeed in consolidating, organizationally and economically, an association that does not discriminate among its users. Anyone with Internet access can access the full content of our publications, without restrictions of any kind, completely free of charge. We are convinced that all this will help the educational development of our country.

On the other hand, we also organize, twice a year, quality legal events, free of charge. In them, the interaction with the most important lawyers, judges, congressmen, businessmen or academics of other disciplines is possible for anyone interested in the subject. We invite you to follow our web content closely, so as not to miss any of our future events.

Finally, we would like to thank all the members of the FORSETI family. Without the constant work of each one of you, this project would not be a reality today. This thanks is mainly to the current members, but it extends to those who left; but especially to those members who will come. We leave you with a magazine that leaves its mark.

FORSETI, always one step ahead.