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A customer who does not want to finish paying for the professional contractor

The query was:

• I designer, I interior design and furniture. A month ago I accepted an advance for the preparation of a project and I signed a contract with the client. However, one of the clauses apparently said that if the client is not happy with the furniture not be obligated to pay. I finished the cabinet on Sunday 15, according to an addendum , and now the customer refuses to pay me , noting that finishes were not agreed that initially, which is not true. It also says that does not conform with finishes and that is not going to pay me. I wonder how you react to this a thousand thanks.

Our response:

Dear Ricardo, thanks for your confidence in presenting their case.

The first point is that your client has raised controversy, and probably you have already exhausted all means of persuasion or dialogue.

The second point is that you have a contract with his client, and certainly, as says an old legal term, " contracts are law between the parties ."

In this sense, if we are in a case that is no longer possible understanding between you and your client to do a "default notice " for the balance owed. Extremely
, you can sue for the value that is owed, it would be a judicial process that can take in first 8 months, but the customer must pay all that you spent to sue and will have to pay currently existing debt with legal interest .

So you take the decision on whether to start legal actions or not, there are two elements to consider : the first is whether the value of the debt warrant the time and money you have to invest, with the proviso that they will will be compensated once you win the process.
Secondly, one must analyze the terms of the contract and how you can "prove" to a judge that the benefits to his position in the contract were completed properly and timely. This second point is critical to the success of its predecessor, ie the success of a judicial process lies in the strength of the evidence that support your position.

Thank you for your confidence in making its request.

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New stage for "Lawyer in Line" - The online legal service

The beginning of 2009 marks a new stage for Advocate Online, with the publication of our website: http://www.abogadoenlinea.com.pe/
From our website, and as we have been doing since our blog, give clear and timely answers to your questions related to legal issues.
Thank you for trusting us. You will continue with renewed effort and getting better legal service.
team Advocate Online, the online legal service in Peru.

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Can I sue a parent that already comply with a maintenance?

The query was:

• I have because I have 2 children with my wife and also a child of an extramarital affair. The mother of my other son has filed a lawsuit to me even though I've been giving a monthly basis by way of maintenance allowance an amount equal to 30% of my pay. What I can do? William Lima. Dear

Guillermo , we respond:

Can sue if I am already serving a maintenance for my child out of wedlock?

30% of their income is an amount that may seem reasonable a priori. However, keep in mind the following. While you come to "fulfill" his duty as a parent to ensure that amount of financial resources, probably the mother believes that is an insufficient amount.

For this reason, the mother of his illegitimate son could sue. In this case, will not be for you to meet a pension pay, which is already doing, but a judge to define what is the amount that should have this board .

denominator in doctrine "best interests" justify this prosecution.
However, the judge trying the case will inevitably have to consider that you have a family budget, his wife and two children in their marriage , which, with a sufficient basis, could lead to the Judge Please adjust your maintenance.

Of course, this requires further analysis of his case and that his position is sufficiently supported with documentation supporting the expenses of his family.
hope we have helped and we can hold a consultation in our office, to extend the ends of our response.

Please contact us.

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The choice of property regime for marriage

The query was:

• My question is this, I want to marry and would like to know the pros and cons of marriage through separation of property, the property acquired in marriage with this type belong to both or who have been previously set that property. What if by Society of acquisitions, the assets acquired before marriage become the spouse once the act or remain the property of one? Le
  thank you in advance for your response. Marita
  of Arequipa.

Dear Marita, I answer

One important aspect of marriage is that it establishes a property regime known as "community property." However, the spouses before marriage or during marriage can decide for separate treatment of "Separate Property." I will explain each of them.

The system of "community property" and its effects

If spouses decide otherwise, the Peruvian law assumes that spouses choose the regime of community of property. According

this scheme, if both spouses or one of them owned property, they become part of the heritage of the "conjugal society." The main effect is that the administration or provision of these goods will require the participation of both spouses, for example, if you want to sell a property, like a car that was bought before marriage, in the act of transferring ownership of the vehicle must appear the signature of the other spouse.

Another significant effect is that goods produced profits for their owners, the law calls "fruits." For example, if one spouse brings to the marital assets of the Company a house, if it is rented, the rent goes part of common heritage.

This type of scheme is designed in the common life which require both spouses, so that assets contribute to the welfare of both. If the marriage is dissolved, return the private property of each spouse to the domain, that is, again become its exclusive property. The property has been acquired in marriage are the property of both and, with the dissolution of marriage, are to be settled, so that each corresponds to 50% of its value, although the spouses may agree otherwise and be freely one spouse who stays with a higher proportion of rights thereon common or even All rights.

How do I manage the property in the "community property"?

As for the administration of the property during the marriage, we have already said that even for personal property, all acts of disposal (as a sale, for example), require the participation or involvement of the other spouse.

However, the spouses may agree that either one of them who manage the assets of the conjugal partnership, which should be formalized through a "Special Branch", which always gives a Notary Public.

What about debts?

Regarding debt during your marriage, remember that personal assets are those that were acquired or received before marriage. These goods can not be use to diagnose guarantee or cover the debts created by the other spouse, unless there is proof that this debt was assumed for the benefit of both spouses.

This brings a very broad range of possibilities that may be unexpected and unwanted, as to not compromise one's own good, the indebted spouse not have to prove that the benefit of debt incurred by their partners in marriage only benefited the latter. This would be an important consideration in choosing property regime.

Why is called "community property"?

Finally, we should explain what are the "Conjugal". According to our legislation, Conjugal remaining assets are liquidated after the "Heritage of the conjugal partnership." In simple terms, if you end the marriage, each spouse returns to the assets contributed by itself, and the remaining assets, ie those acquired within marriage, would be called "Conjugal". Conjugal These should be divided equally for settlement.

The system of "separation of assets" or "separate property"

For the regime of "separation of assets, each spouse retains full ownership of their property and the free administration and disposal of these assets, including its fruits or income. In addition, each spouse is responsible for its debts with its own assets.

While it is a delicate issue that can be addressed, the scheme may be most appropriate when one spouse is concerned about the property acquired before marriage or received, or you want to keep individual management of their properties.

How do I choose the property regime?

The procedure is relatively simple. Whether you make the decision before or after marriage, the formality is opting for the scheme of "separation of assets" by deed, that is, before a notary.

The system of "community property" does not require this kind of formality, as we have explained before that the law considers that the couple chose the common property regime while not formally decided otherwise.

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The Service Award 'Technical Reviews' vehicles in Lima is a "bureaucratic barrier" and is "unconstitutional"

The INDECOPI website are very good news :

The Market Access Commission has determined that granting the "Company Lidercon ', which has been authorized to offer the service of" technical revisions "to vehicles, is a" bureaucratic barrier "that must be removed .

I absolutely agree, even more, this article will try to explain what this administrative decision, and also why it is also "unconstitutional."

What is a bureaucratic barrier? What is the Committee on Market Access?

According to our Constitution we are a society whose economic system is "social market." What does this mean? That we are a society in which the exchange of goods and services is determined according to the rules of supply and demand, but also that this exchange can not be unlimited but you can set some restrictions on interest.

Those limitations are not justified by the Law and the reasonableness of the public interest to establish them are "bureaucratic barriers that must be eliminated" and that classification is established by the Committee on Market Access.

If not removed these barriers the economy is less competitive, consumers can not choose goods and services are expensive.

What about the Concession to Lidercon?

In the case of the Municipality of Lima, Ministry of Transport was transferred in a little clear authority to require "technical review" to motor vehicles (cars, public transport vehicles, etc.). In exercising that power, the municipality may provide that only circulate in the city vehicles that have adopted a "technical review."

This seems reasonable, right?

However, there is more to analyze.

Who should take charge of the 'review art '?

One option would be for the City opened the workshop for review and all citizens to go to these workshops vehicle to pass the test of their cars. However, in a city with many problems such as Lima, should public funds be used for this? The most reasonable answer is no, and mainly because the fundamental issue is that the City make revisions, but that vehicles actually pass by them, no matter if they do at a workshop of the municipality or a private workshop .

It is therefore a good measure that the City has the service concession. However, it has a single company, with a term of 16 years.

In doing so, the city had created a monopoly, that is, has given some individuals a tremendous business, as citizens requires vehicle owners to choose their service and assured them a huge profit.

So we have seen the first few months have been brutal, irrational attack on citizens who have endured abuse for many hours waiting to be served .

Why? Because the only award winning company is not concerned as to win the preference of service users. Can be safely trusted because the public authority the Municipality will punish those who do not pay for their service.

Was this reasonable?

Finding the Market Access Commission that it is a bureaucratic barrier that must be removed, opens the possibility to have more companies offering this service and that they compete with each other to gain acceptance or preference users. Thus, they must provide quality service at competitive prices, which will be devoted to providing citizens the best.

Is not this a better situation than before?

Yes, and it has done in response to INDECOPI complaints from citizens. This is certainly a good news, in our country see that institutions can work!

is important to support the decision of INDECOPI and the Mayor of Lima take the most reasonable decision, granting open more than one company, as many also recommended for these companies to be audited in terms of both service security interest in the streets and on the slopes.

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Can dissolve or annul the paternity of a father? Or could a father give up his paternity? Another query

The query was:

• Dr. Dolphin, I shared life with a man for just over 7 years, family life but never married. After this time we parted without no child involved. At 2 months apart and I decided a reconciliation was pregnant and then parted forever. My child is 4 years old and attends his father's nest but barely and not without a fight by phone or email deposits a monthly pension. Initially he did for 9 months and sometimes fails to send for 2 months and something else. This situation has me tired. But my biggest problem is this: He never received love from his father, his father has told me many times to tell her that is dead or that its function is only passive, not involved in anything related to my child. By sending a pension plan is sufficient. Recently my son had to take an entrance examination for college and did not accept they said I needed psycho therapy. I told this to Father and told me that nothing can be done, their role is passive and also think that I manipulate the situation to my advantage. Even asked if he could talk to the school only psicolaga of that said his role is passive. My query is: I would like my son grows up mentally healthy, than a man who drag psychological problems, he knows that his father is nowhere to never see or play with him and is no longer sufficient to say that this is because Daddy works . WANT to give up the paternity of my child and not cause more problems, I delete it from our lives. Is it possible?. But I want to indemnify for the damage. There is this?. I could play this without a problem because he does not live in Peru but I wish no contact with him in any sense. Thanks, Isabel.

Dear Isabel.

Thanks for your inquiry and we will respond with the greatest pleasure.

In principle, though you do not mention it, I presume that the child was recognized, otherwise you would not consider this issue.

Can a father give his paternity?

the family relationship that arises from the recognition is final and unchallengeable, unless the biological father were different, and in that case, you as a mother, on behalf of the child, could exercise the right of lower court to establish the true paternity.
So, to your specific inquiry, that the father waived his paternity, "the answer is that it is legally impossible.

The 'parental rights'

However, the relationship between a father and his children is defined in legal terms as "parental authority", and what you could do without dissolving into the bond of parenthood is to request that deprived the father of "custody." In doing so, the parent will lose their right to freedom with her son, but keep your duty as a father and must continue to provide for food and other expenses.

emotional damage the father's absence

Another important issue is the emotional damage that you expose. To be diagnosed by competent professionals in legal proceedings may sue the father bear the costs of therapy involving their child in addition to the maintenance to which it is bound.

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My advice is to legally claim the loss of custody to the father of her child. In addition, to establish a maintenance, that obligation can and should include paternal grandparents. Finally, we must also demand the cost of therapy for your child to regain emotional health.

remember that they must also consider the possibility that the parent meets the obligations arising from an injunction, you have in mind that not serve a sentence if it can not be certain of the father's domicile, income and its property. So my suggestion to include paternal grandparents, who have the same obligation as the father if he can not assume it properly.

I hope I helped.