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National Institute

October 24th, 2012

Place and moment in which the occupation of the drug has been realised: The apprehension of the drug in zones in which the drug traffic on small scale is habitual (zones of punteo, in expression of the STS of 3 of October of 1996 – RJ 19967810-) is considered by a repeated jurisprudence, like an indication of the will to deal very particularly, if the possessor of the drug does not allege the reasons from his displacement to this place, if the subject seems to show a clear predisposition to visit those places, or if the apprehension takes place when the subject goes towards that zone. Peculiarly the hour is a circumstance that also is considered to deduce the traffic will, instead of private consumption. Thus, if one is a small amount owned by a person who consumes the class of narcotic substance makes specific that she is had, when there are no other indications, will not be possible to affirm the destiny to the traffic. If we were with an amount of several grams, sometimes it will be able to be the doubt, with this unique indiciario data, and also would be necessary to suppose penal that its destiny is private consumption, therefore unpunished. However, the Jurisprudence has declared, that even in the cases that the carrier of the narcotic substance is consuming, will be considered destined to the traffic, when the quantity of the same exceeds the average storing of a consumer. The jurisprudence, when other indicative acts of the traffic do not exist, has taken care of the table of the National Institute of Toxicology of 18 of October of 2001. This table establishes the mean doses of consumption of the substances, indicating the T.S that a consumer usually provides itself with substance for about 5 days, reason why the possession that exceeds this amount is conceited that he is destined to the illicit traffic (STS 281/2003 of 1-10).

The jurisprudence has demanded, on the other hand, that such amounts have to consider taking care of the pure substance. Therefore, the single possession immediately than amounts of drug that does not exceed the forecasts of consumption of up to 5 days, with general character, is atypical.

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Joint Venture

June 22nd, 2012

Now we will develop joint venture which stops some is a contract modern or enterprise contract or contract mercantile and known by some profane ones like commercial contract, which is studied in some maestras in civil and commercial right in the Peruvian state. Joint venture is an assumption of enterprise concentration thus corresponds to study the same in this soothes, which although it does not find regulation in the Peruvian club right, tambin is certain that for some authors if it finds legislative regulation but with another name which in any case must be matter of study on the part of the treaty writers. For some authors joint venture is a modern contract or enterprise or mercantile, thus tambin must be studied the same within the contractual right. This contract little is known in our means, and in any case slo by specialists must be applied not to induce to error the econmicos agents. That is to say, joint venture has the jurdica nature of a contract, thus is clear that it must be studied like a personal right, which by the way finds little application or reduced application in the Peruvian right, but little by little incrementar its use, thus we must be preparations for an increase of demand in such sense is clear that these subjects must be ordered to the specialists.

In our means the author who but has developed to east subject or modern contract is Sydney. Which has realized several publications on the same in the Peruvian right, works that by the way comprise of the Peruvian doctrine, which is source of the right. That is to say, we suggested the consultation of its works of investigation, in which one explains all almost the modern contracts, nevertheless, this with some modern contracts is not made like for example with the contract of renting of companies, which although it is certain is a contract, tambin is certain that it finds little diffusion in the Peruvian right and tambin by all means little application in the same.