Bibliographic citations
Vilca, L., (2023). La prescriptibilidad del cobro de los aportes previsionales adeudados a las administradoras privadas de fondo de pensiones (AFPS) en la Corte Superior de Justicia de Cusco. [Universidad Andina del Cusco]. https://hdl.handle.net/20.500.12557/5599
Vilca, L., La prescriptibilidad del cobro de los aportes previsionales adeudados a las administradoras privadas de fondo de pensiones (AFPS) en la Corte Superior de Justicia de Cusco. []. PE: Universidad Andina del Cusco; 2023. https://hdl.handle.net/20.500.12557/5599
@misc{renati/955308,
title = "La prescriptibilidad del cobro de los aportes previsionales adeudados a las administradoras privadas de fondo de pensiones (AFPS) en la Corte Superior de Justicia de Cusco.",
author = "Vilca Muñoz, Lady Kristeva",
publisher = "Universidad Andina del Cusco",
year = "2023"
}
The present work entitled the prescriptibility of the collection of pension contributions owed to the Private Pension Fund Administrators (AFPs), aims to analyze the various legal, jurisprudential and other positions on the prescriptibility of the collections owed to the AFPs. All of this is due to the fact that the AFPs go to the Jurisdictional Body through an executive process regarding the obligation to pay a sum of money, in order to demand collections owed to employers, being the fundamental problem when the AFPs demand collections that exceed more than 10 years, generating exorbitant charges because within said debts the payment of late interest and the costs and costs of the process are also required. Fact that, in our opinion, would be generating legal uncertainty for the employers - defendants, since there is clearly a regulatory contrast between article 34 of the Consolidated Text of the Law on the Private Pension Fund Administration System and subparagraph 1) of article 2001 of the Civil Code, it can also be observed that there is a certain legal inequality in relation to the National Pension System, since both systems have the same purpose, therefore, according to the Tax Code, these debts would prescribe after 10 years. Likewise, there would be various jurisprudential positions that resulted in contradictory sentences. Therefore, with the present investigation it is intended that, through legal argumentation or appreciation, reasonable and coherent arguments and criteria be made known, with the purpose of contributing to the modification of what is established in the last paragraph of article 34 of the Single Ordered Text. of the Law on the Private Pension Funds Administration System, significantly publicizing the various positions and criteria that the Court's magistrates have regarding this issue. Well, in our opinion, the support made by the AFPs, on the violation of the right to a pension, a right that is of a second generation, of a social nature; is not consistent so that the prescription does not apply. Therefore, in the present investigation we will give points or consistent criteria so that the limitation period indicated in subsection 1) of article 2001 of the Civil Code is applied for all periods that exceed said period before the publication of Law No. 30425, since it is the obligation of the AFPs to initiate an executive process regarding the obligation to give a sum of money in a timely manner. The first chapter of this investigation refers precisely to the problem and the methodological aspects of the study that will contribute to our reaching our conclusion. In the second chapter we will deal with developing the theoretical framework, that is, the background, the theoretical, regulatory and jurisprudential bases regarding social security, prescription and among others; Likewise, the rules that support the prescriptibility of unpaid periods will be developed. In the third chapter we will develop the scope of the study, the research design, the population and sample of our research, as well as the data collection techniques and instruments will be disclosed. In the fourth chapter, the results and analysis of the findings will be developed, in this chapter the way in which the data collection instruments were used will be disclosed, that is, the interviews carried out with the servers of the Superior Court will be disclosed. of Justice of Cusco, later the sentences that were part of our sample will be analyzed, which will cite important foundations of each of them and finally descriptive statistical tables will be made. In the fifth chapter, the critical comparison of results with the existing literature will be announced, likewise; There will be a comparison of the findings made and finally the limitations and implications generated by the present investigation will be detailed, all this in order to develop our conclusions and recommendations.
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