The old and the new Peru : $b A story of the ancient inheritance and the modern growth and enterprise of a great nationWright, Marie Robinson
History
The old and the new Peru : $b A story of the ancient inheritance and the modern growth and enterprise of a great nation
Wright, Marie Robinson
Peru; Peru -- History
The civil rights of all persons are respected in Peru without
distinction of nationality, and all who reside in the country are
equally protected by its laws. Any foreigner may acquire property in
Peru and dispose of it at will; in general, everything concerning landed
property is amply guaranteed by the Peruvian laws. The Thirty-second
Article says: “The laws protect and oblige all persons equally; and the
civil rights are independent of the quality of the citizen.” The
Twenty-eighth Article declares that “every foreigner can acquire, in
accordance with the laws, landed property in the republic, possessing in
everything relating to that property the same obligations and privileges
as a Peruvian.” Special dispositions expressly authorize foreigners to
denounce mines and obtain concessions of mountain and rubber lands on
the same conditions as Peruvians. In the exercise of any trade,
profession or industry of any kind, absolute freedom is permitted to
native and foreigner alike, so long as it is not opposed to morality,
health or public security. Foreigners desiring to practise medicine,
law, or engineering are required to prove their ability by presenting
their title received from a university, and by submitting to the
prescribed examination. In order to guarantee the titles of land owners,
a registry office has been recently established, in which is inscribed
the name of the actual owner, the manner in which the property was
acquired, the incumbrances attaching to its purchase, if any, and any
conditions which limit the possessor’s right to dispose of it. The Civil
Code recognizes the right of a foreigner to dispose of his property by
will, and, in case of his dying without having made a will, and without
leaving immediate heirs, it provides for placing the property in
security, under the direction of the consular representative of the
nation to which the deceased belonged; an inventory is taken and the
inheritance liquidated, so that claims against it may be presented in
due form, after the settlement of which the balance is handed over to
the heirs legally entitled to receive it. As regards the personal
liberty of foreigners as well as Peruvians, the Eighteenth Article of
the Constitution expressly says that no one can be arrested without a
written order from a competent judge, or from the authorities charged
with the preservation of public order, except in cases of _flagrante
delicto_, and in any case the person arrested must be brought before the
judge of the case within twenty-four hours afterward. The law of _habeas
corpus_ is recognized, by which anyone detained more than twenty-four
hours without having his case submitted to the proper authorities may
present himself, or be represented by a proxy, before the judge with a
complaint, and the judge is bound to investigate the arrest and to
decree the liberty of the detained person in case no legal reason for
his further detention can be established.
[Illustration: THE MINT, LIMA.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account