Archive for June 2010
Progress of Work of the Ministry of Justice regarding the Legal Profession
In a recent interview, Justice Minister Michele Alliot-Marie called forward to welcoming the adoption of the draft law on reform of the representation before the appellate courts, by the end of the year.
To the Minister of Justice, “it is imperative” that the bill, which was debated on second reading in the National Assembly should intervene in the coming year, “be adopted before the end of the year,” because at first January 2011, will automatically become solicitors lawyers and litigants will be represented before the Court of Appeal by counsel who represented them at trial or other counsel of jurisdiction of the Court.
“For employees of solicitors, their compensation is the subject of an Assembly-Senate agreement, and some will be reclassified on items offered by the ministry,” held to clarify the minister.
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Impact of Changing the Definition of the Crime
Impact of changing the definition of the crime of taking illegal interest of an elected
“The proposed legislation to reform the field of prosecution of the illegal taking of interests of local politicians, filed by Senator Saugey and adopted on first reading in the Senate, seeks to exclude the crime of taking illegal interest of an elected local in the absence of personal enrichment. The aim of the amendment to Article 432-12 of the Penal Code, to delete any reference to the concept of personal interest.
Currently, “the fact of a person holding public authority or a public service mission or by a person holding an elective public office, take, receive or retain, directly or indirectly, any interest in a company or in a transaction which it has at the time of the act, in whole or part, responsible for providing oversight, administration, liquidation or payment, is punishable by 5 years imprisonment and 75,000 euro fine.
This provision penalizes especially the fact or to award a contract position to a person of his entourage or knowledge, thereby override the public interest, personal interests (family, emotional, political, etc.) Read the rest of this entry »
Validity of Divorce of Made Abroad Part II
Step
The processing of Exequatur corresponds to the process is not contentious and is brought before the Civil Chamber of turn of the Superior Court of Justice. The application must contain:
1. Copy of DNI.
2. Original marriage certificate.
3. Foreign Judgement of Divorce, legalized by the Consulate of Peru and approved by the Ministry of Foreign Affairs and officially translated.
4. Evidence that the foreign decision was not appealed, legalized by the Consulate of Peru and approved by the Ministry of Foreign Affairs and officially translated.
5. Defendant Address (ex-spouse), if no demand made jointly.
6. Proof that the marital home was located at the place where Foreign Judgement was issued. Read the rest of this entry »
Validity of Divorce of Made Abroad
It is common to see the case of couples who marry in one country and another divorce, this is the case of spouses coming out of Peru in search of better job opportunities and welfare, or of Peruvians living abroad, for economic reasons, sentimental or family, celebrate your marriage in Peru with a Peruvian person or foreign, and then travel to continue their residence abroad. Later, when these couples decide to end the marriage bond that unites them, handled their divorce in a country other than that they were married. It is then that raises the concern or need to know what to do, if for some reason we want this divorce is valid also in Peru.
Peruvian law provides for this situation and set out in Title IV of Book X of the Civil Code, relating to private international law that the court rulings, including those that grant the divorce, which are issued by a foreign court may be approved and therefore full effect in Peru. For the Peruvian legal system, not just the legalization in the country of origin, but require the approval of the resolution judicial known for enforcement. Read the rest of this entry »
Posted in Divorce | 
Tags: Definition Exequatur, Peruvian law, Peruvian legal system, Peruvians living abroad, Validity of Divorce | 
1 Comment »
Legal Notice, Law and Justice Councils Information
The bill to modernize the judicial and legal professions regulated to enhance the legal profession and encourage them to work together to better meet the needs of users, the act should create a lawyer countersigned.
Stemming from the work of the Committee Darrois, the countersignature of a lawyer is to give it legal effect strengthened the private deed who is the object. In particular, the document will fully witness the signature and handwriting of the parties. For the Department of Justice, it is not possible also to allow bailiffs, whose mission and role are different from those of the lawyer, can countersign such an act.
Indeed, lawyers who have not received delegation of public power, the act does not countersigned not be enforceable, “said Minister of Justice, in a departmental response dated 10 June 2010. The legislature has since 1990, decided to entrust to the lawyer, in addition to its traditional business litigation, business legal advice including consultation and the drafting of an act involving the same plane the two essential components of the activity lawyers. If the legislature has considered it appropriate to place restrictions on the legal advice applied principally to all members of the judiciary and legal professions – given the requirements of the latter in terms of both experience and ethics of responsibility that – Lawyers are, among these professionals, the first editors of private documents, and are best placed, in the practice of their business litigation, to anticipate difficulties in implementation and execution of acts, which gives them experience and competency.
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Posted in Law | Tags: delegation of public power, Department of Justice, Justice Councils Information, lawyers, Legal Notice, legal professions | 4 Comments »
Legal Advice for Traffic Accident Whiplash
Legal advice often has a bad reputation. Lawyer jokes are more prevalent today than ever, and the general consensus is that professionals are money hungry, uncaring and unscrupulous people who will stop at nothing to make money. While this may be true for many providers, is far from the norm. Moreover, each industry has its share of charlatans. That can not condemn a whole profession. If you want to avoid the stereotypes of their claims for compensation for whiplash, then you need to take these factors into consideration before going ahead: Years in Business. Many legal practitioners are newcomers, who have not had a real chance to prove itself. Others are old institutions, which are devoted to a set of customers and not interested in making smaller claims more staff at a reasonable price. Read the rest of this entry »
Posted in Claim Compensation, Personal Injury, Traffic Accident | Tags: claims for whiplash, Legal advice, legal process | 1 Comment »
Traffic Accident Whiplash Compensation
Immediate course of action is vital if you have suffered whiplash injuries in an accident. Shortly after the accident, the injured victim has to be careful and a medical examination by a medical specialist and the medical report is very important for your attorney to support the claim for compensation for injuries. No medical evidence will be difficult to prove the medical condition of the victim’s injury and claiming compensation for damages will be difficult. The diagnosis of the lesions is usually very fast but the diagnosis depends on examining the symptoms and medical history of the victim.
Presentation of whiplash injury compensation claim is equally important and must be started immediately after the accident. You must take care that all the characteristics of the accident are recorded correctly. Incorrect records will your claims process of this type of injury risk. First you must record the details of the accident and injuries shortly after the accident. Read the rest of this entry »
Posted in Claim Compensation, Personal Injury, Traffic Accident | Tags: injury claim compensation for accidents, personal injury compensation claims for neck injuries, Presentation of whiplash injury compensation claim, repots help to present the case of accident compensation, whiplash injuries in an accident | No Comments »
Compensation for Whiplash Injury Compensation III
The idea of making a claim after an accident or even cross the mind of the victim. The impact of pain is such that most of the victims of the accident overlook the fact that they can make a claim. The accident victims suffer not only physical pain but also emotional trauma. In such circumstances, the idea of making a claim may not strike the victims of the accident. If you have been involved in a traffic accident either as a driver, passenger or pedestrian is much right to make a claim. You never know how long it may take for the injury to heal completely. If the injury is serious, it can take years.
In addition, one may also have to cope up with monetary losses as property damage and medical expenses. For those who have suffered whiplash injuries may benefit from closer to not win no fee whiplash claims lawyer. These attorneys have deep experience in these cases. They can guide the victim of an accident take steps to overcome the situation in a short period of time. Read the rest of this entry »
Compensation for Whiplash Injury Compensation II
Whiplash symptoms commonly occur as a result of injuries caused by traffic accidents between two or more vehicles. If you are a victim of an accident, if a driver, pedestrian or passenger, it is likely that you may have suffered some type of injury. Physical problems that are the most sustained as a result of these incidents are called whiplash injuries that occur when the head suddenly shot backwards or sideways due to a sudden impact. This unexpected event affects many areas of your body, including bones, discs, tendons and nerves in the neck. The symptoms of whiplash injuries do not usually appear immediately after an incident. May be more than 12 hours before you begin to notice the physical effects. Even then, it may take weeks before the full effect of the physical damage is actually felt.
Common symptoms of whiplash are:
- Pain and stiffness in the neck, back and shoulders
- Ringing in the ear
- Blurred vision
- Dizziness
Compensation for Whiplash Injury Compensation
Whiplash is a common injury, unfortunately, we still know very little. It is difficult to accurately diagnose and even more difficult to treat effectively. Some cases are cured in a couple of weeks while others feel the effect of year. And doctors can not say the majority of patients which category they fall. They said “only time will tell” This syndrome is caused by hypertension of the neck, often caused by car accidents where the neck suddenly shot forward and then back in quick succession.
The injury affects the neck and spinal cord, which is what makes it so complex injury to treat. Backbone is essential for our body, as we all know injuries to the spine or neck can cause permanent paralysis. Managing a vital area of the body is somehow so solid, but in others so fragile, is what makes a whiplash injury complex. To make matters worse, often whiplash injuries, while incredibly painful, do not seem to leave any mark, which makes it very difficult to diagnose. Doctors usually diagnose whiplash explanation based on patients’ pain. Read the rest of this entry »