Bibliographic citations
Araneda, C., (2015). La función pública notarial y la seguridad jurídica respecto de la contratación electrónica en el Perú [Tesis, Universidad Privada Antenor Orrego - UPAO]. https://hdl.handle.net/20.500.12759/1223
Araneda, C., La función pública notarial y la seguridad jurídica respecto de la contratación electrónica en el Perú [Tesis]. : Universidad Privada Antenor Orrego - UPAO; 2015. https://hdl.handle.net/20.500.12759/1223
@misc{renati/375172,
title = "La función pública notarial y la seguridad jurídica respecto de la contratación electrónica en el Perú",
author = "Araneda Azabache, Candy Elizabeth",
publisher = "Universidad Privada Antenor Orrego - UPAO",
year = "2015"
}
The thesis we have called “The Public Notary and legal security of eProcurement in Peru“ aims to determine how the notary public can ensure legal certainty in the conclusion of electronic contracts in our country . In this sense, the formulation of our problem was: HOW THE ATTORNEY CAN GUARANTEE THE CIVIL LEGAL SECURITY IN THE CELEBRATION OF THE SO-CALLED 'ELECTRONIC CONTRACTS' IN PERU?, against which we set the following objectives Main: Know the general aspects of the notary public; Determine the importance of the new electronic transactions; Identify programs or measures to be implemented more convenient security in order to provide confidence in the conclusion of electronic contracts; Analyze comparative law level, the main mechanisms offered by the notarial function to provide legal certainty in electronic trading; and know, through interviews with public notaries and specialists of La Libertad, the desirability of new mechanisms in order to provide greater effectiveness in the use of electronic contracts in Peru. As for the statement of the hypothesis we have: “The way in which the notarial function can ensure legal certainty in the celebration of the socalled 'electronic contracts' in Peru is given by implementing digital devices certifying the identity or participation Contracting parties to the Notary have safe access. “ Pursuant to various logical and legal methods, including methods of interpretation, hermeneutics, deductive and synthetic, is able to conclude that, indeed, the way the notary public can ensure legal certainty in the celebration of the so-called “ electronic contracts “in our country, will by implementing digital mechanisms in order to certify the identity or participation of the contracting parties, which will allow not only modernize the notarial service but to give citizens more confidence in the conclusion of contracts of this nature. Also, the regulation has our legislation around the legal certainty in the celebration of the so-called “electronic contract“ is still in its infancy; however the reception of the manifestation of the will by electronic means and regulation of digital signatures is a first step in achieving an appropriate regulatory framework in order to grant full contracting parties of such electronic procurement legal certainty. In this research we found in Chapter I, the problematic reality the research problem, the objectives, the rationale and background or previous research. In Chapter II, we present as regards Theoretical Framework, where we can find issues related to the notary public, Theory of contracts and electronic trading, general aspects of digital signature, and technical and legal Issues of eprocurement. Chapter III is referred to methodological issues, specifically where we find the assumptions and their respective variables. In Chapter IV we present and discuss the results of the research, especially the reasons or grounds on which the notary public can ensure legal certainty in the celebration of the so-called “electronic contracts“, interviews and comparative law. In the final part of this work the conclusions, Legislative Proposal, bibliography and appendices are presented.
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