Citas bibligráficas
Lagos, V., Terrones, A. (2023). Incumplimiento de los requisitos de la Lesión como causal del recurso de Casación [Trabajo de Suficiencia Profesional, Universidad Peruana de Ciencias Aplicadas (UPC)]. http://hdl.handle.net/10757/671221
Lagos, V., Terrones, A. Incumplimiento de los requisitos de la Lesión como causal del recurso de Casación [Trabajo de Suficiencia Profesional]. PE: Universidad Peruana de Ciencias Aplicadas (UPC); 2023. http://hdl.handle.net/10757/671221
@misc{renati/411957,
title = "Incumplimiento de los requisitos de la Lesión como causal del recurso de Casación",
author = "Terrones Palomino , Ana Fabiola",
publisher = "Universidad Peruana de Ciencias Aplicadas (UPC)",
year = "2023"
}
The present work of professional sufficiency analyses the legal figure of the termination of contracts due to injury, based on a cassation decision issued by the Permanent Civil Chamber of the Supreme Court of Peru, in which the second-degree decision was annulled and the Supreme Court upholds the first instance decision that declared unfounded the claim for termination of contract due to injury, filed by the injured party against an addendum to a contract signed with his counterpart in which he argues that the latter, taking advantage of his state of need caused by some illnesses he had been suffering, has signed with the injured party the said addendum in which there has been a disproportion in the benefits about what was agreed in the original contract. With regard to the injury, the three requirements that the Civil Code of 1984 demands for its configuration are analysed: disproportion in the benefits, state of necessity and undue advantage. In addition, regarding cassation, the regulation in force at the time of resolving the present appeal is analysed, comparing it with the current regulation, given that the Code of Civil Procedure has been modified with regard to cassation. Finally, the theoretical elements present in the case are analysed, in relation to the decisions adopted by the Supreme Court, taking into consideration that there is a dissenting vote by two Supreme Court justices, who voted in favour of declaring the claim for rescission of contract due to injury to be well founded.
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