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    Siblings negotiations in the transnational care of non-migrant parents in Peru
    (El Colegio de la Frontera Norte, 2024-01-01)
    Based on fourteen in-depth interviews with Peruvian migrants living in Switzerland, the article analyzes the family arrangements between migrant and non-migrant siblings on behalf of their parents living in Peru. The findings highlight that decision-making is affected by power relations, where gender and economic resources play a decisive role. Sibling negotiations are also related to the capacity to fulfil the filial duty of taking care and feeling recognized as the son or daughter who takes care of the parents, just as the parents did when the siblings were children. While the sample covers a group of migrants settled in Switzerland who achieved important levels of social, cultural, and labor integration, the results provide insights on transnational care issues that are applicable to other South-North migration contexts.
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    ¿Se debe aplicar el Tercer Pleno Casatorio Civil en las indemnizaciones por nulidad matrimonial? Apuntes para una mejor comprensión de las pretensiones indemnizatorias en materia matrimonial
    (Pontificia Universidad Católica del Perú, 2025-08-27)
    Peruvian family law allows, in cases of divorce, the ancillary discussion of awarding compensation to a given spouse if certain circumstances are met. Nevertheless, despite the contributions made by case law and legal scholarship, the Supreme Court continues to misinterpret the compensation regimes applicable to divorce. Accordingly, this article seeks to delineate the application of compensation in cases of divorce due to de facto separation (Art. 345-A of the Civil Code) from the compensation established for cases of fault-based divorce (Art. 351 of the same law), which also applies to cases of marriage annulment. Thus, considering the different nature of these two types of divorce -remedy or sanction- that may give rise to compensation, as well as the distinct purposes pursued by these legal mechanisms -redress of damages caused by the culpable spouse or compensation for the economic imbalance suffered by the more disadvantaged spouse -it is concluded that it is necessary to distinguish the applicable rules in each case, in order to grant greater consistency not only to the provisions established by case law in the Third Plenary Session, but also to the norms set forth in our legal system regarding family law.
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