Bibliographic citations
Iturrizaga, M., (2021). Informe para la sustentación de expedientes: Expediente N° 1969-2016-0-0401-JR-CI-09 / Expediente N° 03489-2014-0-1801-JR-LA-08 [Trabajo de suficiencia profesional, Universidad Peruana de Ciencias Aplicadas (UPC)]. http://hdl.handle.net/10757/657751
Iturrizaga, M., Informe para la sustentación de expedientes: Expediente N° 1969-2016-0-0401-JR-CI-09 / Expediente N° 03489-2014-0-1801-JR-LA-08 [Trabajo de suficiencia profesional]. PE: Universidad Peruana de Ciencias Aplicadas (UPC); 2021. http://hdl.handle.net/10757/657751
@misc{renati/397444,
title = "Informe para la sustentación de expedientes: Expediente N° 1969-2016-0-0401-JR-CI-09 / Expediente N° 03489-2014-0-1801-JR-LA-08",
author = "Iturrizaga Palomino, Malú Jussara",
publisher = "Universidad Peruana de Ciencias Aplicadas (UPC)",
year = "2021"
}
This report deals with two legal disputes, both in the private and public scope, about granting of a Public Deed and replenishing for labor dismissal, respectively. File No. 1969-2016-0-0401-JR-CI-09, private file, is about a demand for the granting of a Public Deed of a sale promise contract of a commercial property located in the city of Arequipa. The main controversy corresponds to whether the contract between the original purchaser and the defendants was a sale promise contract or a definitive contract, and therefore, whether the transfer made by the original purchaser to the plaintiff was an assignment of contractual position or an assignment of rights. The Ninth Specialized Civil Court and the Second Civil Chamber issued contradictory judgments, both agreeing that the sale promise contract is a definitive contract; however, they differ about the second point, in which the first one indicates that the transfer of the property subject to litis would have been carried out through a transfer of contractual position and not through the assignment of rights, as indicated by the Second Civil Chamber. On the other hand, File N° 03489-2014-0-1801-JR-LA-08 is about a demand for replenishing for labor dismissal, in which the plaintiff argues that she was fraudulently fired for “having participated in a fight of mutual verbal and physical aggression”, considered a serious misconduct according with paragraph f) of article 25 of the Supreme Decree N° 093-97-TR, against a worker from another company while she was on vacation in place different than her workplace. In that sense, the main controversy of the mentioned file is to clarify whether the dismissal was really justified or not. In this regard, the Eighth Permanent Specialized Labor Court and the Fourth Permanent Labor Chamber of Lima issued contradictory judgments as well, in which the first indicated that the serious misconduct charged to the plaintiff has not been objectively proved and therefore it corresponds the replenishing; unlike what was indicated by the Fourth Permanent Labor Chamber of Lima which established that the serious misconduct aforementioned occurred. Finally, the plaintiff filed a cassation appeal which was declared inadmissible since it pretended a new analysis of facts which was already done in the judgment issued by the second instance court.
This item is licensed under a Creative Commons License