A little bit more practice in Zbrush
Monday, May 16, 2011
Saturday, May 14, 2011
Community Service Completion Letter For Courts
Why vote / not vote for Keiko?
2. Urgent action was needed to make. Fujimori took office when he gave a package of laws designed to stamp out this scourge. The problem was that when the Executive if you do not know shit about the executive will tell you referred to the President and his Council of Ministers, was a law, the law must first pass through the Chamber of Deputies, if they were compadres passed according to the Senate, however, the Senate could pass these laws or pulling roche and send the package back to the Chamber of Deputies. One might think that this process took some time to work ... roe!! took months. Saw Fujimori that this ball game was the Reverand lunacy laws and thought of as only having a single chamber: the Senate. Thus it was that came the famous "coup" of April, Chinese, and I put it in quotes because most was a blow to the pockets of all those sons of bitches of Congress who stopped whites instead of working and did not want to leave government teat.
4. High inflation, we were one of the countries with the world record this shit. I think that almost was 10000%, do not hueveo friend, that happened reality.
These were just some of the gems that received the Chinese in his first term, sometimes the Peruvian has very poor memory or only tend to remember the bad. Thanks to Fujimori was and that could end the terrorism, economic stability was achieved and that the country return to have a place internationally. I realize that in their desire to stay another 5 years in government, did crap to get the third re-election, as saying that the first election did not count because we were still with the previous Constitution of 1979, also the everyday increasingly influential Vladimiro Montesinos in the army and media communication foreshadowed a danger to the common liberties.
3. Political persecution, if the midwife does not store the bile that is what put him in his old, the APRA party and Toledo, which is not that fucking name is now, will see black, so they go getting his passport as political refugees. Although the excerpts, APRA and are tired of that.
4. Perhaps, due to the passivity that demonstrates, the government may come to pass unnoticed, I hope to fix two issues, which if not solved now we can push on further misery: the first is about education, Peruvian education goes wrong worse, and I will make a specific post this thing, the latter would be with regard to public safety, we are on the doorstep of becoming another Mexico, perhaps we will not have terrorism by his father, but the number of thieves, trademarks and other similar bastards that kill you on a cell phone or some money, are increasing daily. Well my dear
here the reasons we vote and not vote for this china, and you decide, will post soon, God willing, another post where I describe the reasons for which to vote or not vote for Ollanta. See
to a new post, I'm going to visit my neighbor who is still
sweety XD
In the first round elections last time, would place a post on why to vote for one of the main candidates for the presidential chair. For reasons of time I had to leave that idea aside, but I think that now is the time to contribute our bit for the electorate, or at least those who read our forum, may have a clearer idea of whom to vote.
First we will look quickly to the first candidate, is the daughter of former President Alberto Fujimori, if every time you hear that name starts out as a bump in the I attribute poto because maybe you were brainwashed with the media campaign, where every time out that logo "fujimontesinistas", or simply because you are young and do not know who left Peru, Alan Garcia in his first government. One of the main problems was the terrorist, if you know how it was that scourge in Peru from 1980 to 1990, here I leave you a video:
On YouTube you can find various videos that give faith of what was happening in our country for those days, and then a brief description of the difficult situation that we passed:
1. The rampant problem of terrorism, which began in the government of Fernando Belaunde and deepened in the government of Alan García. The only measure that was introduced by the famous curfew, by which one could be only until some time in the street after this time the army to comb out the different parts of the capital, the measure was a reverend scraped eggs, and yes you stay around a little extra time at home in your ribs or maybe studying just men, you had to sleep in that house, but I grabbed billets and cinnamon. Despite this measure, Sendero Luminoso and MRTA then shat laughing curfew and began to make their bombs in broad daylight.
2. Urgent action was needed to make. Fujimori took office when he gave a package of laws designed to stamp out this scourge. The problem was that when the Executive if you do not know shit about the executive will tell you referred to the President and his Council of Ministers, was a law, the law must first pass through the Chamber of Deputies, if they were compadres passed according to the Senate, however, the Senate could pass these laws or pulling roche and send the package back to the Chamber of Deputies. One might think that this process took some time to work ... roe!! took months. Saw Fujimori that this ball game was the Reverand lunacy laws and thought of as only having a single chamber: the Senate. Thus it was that came the famous "coup" of April, Chinese, and I put it in quotes because most was a blow to the pockets of all those sons of bitches of Congress who stopped whites instead of working and did not want to leave government teat.
In short, the country needed such legislation urgently, there was no other way to do that by closing the Congress.
3. The shortage of staples. Alan Garcia made several erroneous steps in his first government, such as grant bring bread products, which made what you paid the price just was not real, but only a portion thereof; who paid the rest?? Dad government. This measure was that the government unable to cope with such a financial burden he did was go to the famous little machine, ie to produce notes for mass, but without real substance, this can be explained briefly as follows: If I have say 100 suns, that ticket is not worth poto cleaned because it is only a paper with someone form the pileup, their livelihood is that those 100 suns represent, for example, a small amount of gold that the country has saved reseved in international when there is no support that our money is worthless. This took the country people had money, but money unreal. This caused a very serious inflation problem, which made that many traders were kept things in the hope that the price of it go up the next day. There were also some bastards forced you to buy other things you did not need, for example, if you wanted to buy milk required should buy rice, if not wanted, I fucked that simple.
4. High inflation, we were one of the countries with the world record this shit. I think that almost was 10000%, do not hueveo friend, that happened reality.
These were just some of the gems that received the Chinese in his first term, sometimes the Peruvian has very poor memory or only tend to remember the bad. Thanks to Fujimori was and that could end the terrorism, economic stability was achieved and that the country return to have a place internationally. I realize that in their desire to stay another 5 years in government, did crap to get the third re-election, as saying that the first election did not count because we were still with the previous Constitution of 1979, also the everyday increasingly influential Vladimiro Montesinos in the army and media communication foreshadowed a danger to the common liberties.
Much is also the excesses committed against the war on terrorism, is only here that we were in civil war and there was no other way to combat this scourge. In every war there are casualties, even when relatives of the missing complain because they got to his family, would say only that a family will never speak ill of his family and especially your son or daughter. The leg can be leader of the grafts can be thin and deserves tremendous poto sold every night, but parents are not bad son. Even there are several testimonies certifying that the persons of the Cantuta and Barrios Altos whether they were terrorists, the purchase of statements of former members of the Colina group to say the contrary, it shows a mile away at trial that they did to Fujimori, was in an effort to make impeachment more than anything else. Remember that Alan Garcia was pursued by all the crap he did in his first government of Fujimori, and then the cholo Toledo had not needed more research on certain "expenses" and nonsense that was his wife during his administration, so that the judgment and condemnation of Fujimori fell like a glove.
Well I think that even here I have placed a number of arguments for Chinese, which indirectly affect Keiko as she grew up in the meantime all events and therefore, at least I know that terrorism will not return and we could have a supposed economic boom, but why not to vote for it, here are some reasons:
1. Keiko is Alberto, have the same surname, but I think that perhaps missing his old character, though who knows what would a government course.
2. The Teletubbie is a bit lazy, I think it was an egg of faults to Congress, I know that all the participants eggs, but the gossip was passed. This leaves a bad precedent for how it might develop in the government.
3. Political persecution, if the midwife does not store the bile that is what put him in his old, the APRA party and Toledo, which is not that fucking name is now, will see black, so they go getting his passport as political refugees. Although the excerpts, APRA and are tired of that.
4. Perhaps, due to the passivity that demonstrates, the government may come to pass unnoticed, I hope to fix two issues, which if not solved now we can push on further misery: the first is about education, Peruvian education goes wrong worse, and I will make a specific post this thing, the latter would be with regard to public safety, we are on the doorstep of becoming another Mexico, perhaps we will not have terrorism by his father, but the number of thieves, trademarks and other similar bastards that kill you on a cell phone or some money, are increasing daily. Well my dear
here the reasons we vote and not vote for this china, and you decide, will post soon, God willing, another post where I describe the reasons for which to vote or not vote for Ollanta. See
to a new post, I'm going to visit my neighbor who is still
sweety XD
Friday, May 13, 2011
Brazilian Wax W Period
Anti-Christian secularism HARASSMENT AGAINST THE TEACHING OF RELIGION
"Religion is suffering from an aggressive strategy of harassment and demolition!" He cautions, and suggests seven reasons why the subject should not disappear.
warned he would not talk on "key policy" and "at risk of being accused of scaremongering, but, yes," a direct and incisive. " And he did, putting, as he himself said, "the nail on the head from the beginning" and knowing that his words would know to-speech "politically incorrect", at least anticlerical secularist mentality. Bishop José Ignacio Munilla revealed the subtle as "aggressive" and dangerous strategy of secularism effectively cristianofóbico trying by all means charge the subject of Religion. And not only warned the clueless public school but also of formal education.
With a conference entitled "Subject of Religion in schools and other 'looms' ...", the Bishop of San Sebastián participated this morning in the Forum Europe-Tribune Euskadi held in Bilbao, in which Monsignor Mario Iceta , bishop of the local diocese, conducted the presentation.
"It's not just what is happening with the subject of Religion! The subject of religion is suffering from an aggressive strategy of harassment and demolition! Academic freedom and the same freedom of conscience are in danger! "Said the prelate Sebastian.
Confusion between "positive secularism" and "secularism"
to underpin the reasons for his complaint, Bishop distinguished between "positive secularism" and "secularism", explaining that it " adds a exclusionary and negative with respect to healthy secularism "and that" the problem is that it confuses secularism with secularism. "
Noting that the "secular state and public institutions, is neutral as between the various religious beliefs, and at the same time, collaboration with all of them as far as they contribute to the common good of society" and therefore "lay properly understood, is a guarantee of liberty, equality and coexistence," Munilla contrasted that secularism "part of a very different assumptions: secular state does not recognize the religious life of the citizens as well positive for the individual and society, which must be protected by public authorities. By contrast, the sensitivity considered a private, tolerable only in so far as it has no pretensions to permeate social life or influence it. Assumes that religions can not provide a set of common moral convictions able to support the coexistence in a pluralistic society. Rather, it is part of the false misconception that religions are a source of intolerance and challenges for peaceful coexistence. "
Consequently, he continued, "secularism means that religion should be confined to private life and has to be replaced in the public domain by a set of values \u200b\u200bas an identity 'of the democratic state, without any religious reference. "
"It is clear that these budgets secularists are full of prejudices and false are liable for some of the black legends that have been made against Christianity, in addition to unaware of the richness of Catholic social doctrine " .
The strategy of anti-Christian secularism, discuss your plans in stages
Some might qualify for Munilla saying "what is under discussion is not the kind of religion in itself but only its presence in the public school . " "Anyone who thinks such a thing is wrong," says the bishop, going to explain then, "who could be a little distracted," the strategy of radical secularism.
"The anti-Christian secularism is clever, and often have the" strategy "to discuss your plans in stages: first, legalization of abortion in extreme cases and moving, after a few years when they have" matured social conscience, abortion becomes recognized as a "right democratic "... and finally it ends up not even respect the right to conscientious objection for those who do not want to be partner of abortion."
"In the case of Religion class, I think it's going something like: you begin to put any kind of 'sticks' in the 'wheel' to the status of the subject (evaluable or not evaluable; trunk or secondary, with alternative or no alternative course, in school or extracurricular, etc, etc, etc) continues to vindicate their exclusion from the public school system on behalf of a misunderstood concept of 'secular school,' and be completed-a medium term, to force his departure from the teaching curriculum of the same private school. As I said earlier, the subject of religion is subject to real harassment ... What is at stake is not and their integration into the public system, but its very reason for being in formal education. "
Why "yes" the subject of Religion? Seven pedagogical reasons
Munilla But not only made a statement of denunciation of the problem but some expressed positive "pedagogical reasons underlying the need and rationale for the subject of religion in the education system."
The first: " The kind of religion is a right, not a privilege : On the basis of so much controversy on this subject, some Catholics may be dragging a kind of complex, as if they had made them believe that the presence Religion class in school, is reminiscent of the old regime in this democratic society. Quite the contrary: it is a right, recognized in the Universal Declaration of Human Rights. " Second
" The kind of religion is comparable or substitutable Catechesis: The subject of religion is intended primarily to intellectual, even with the distinction of being religious, while in Catechesis seeks to introduce students to the personal monitoring of Jesus Christ. "
Third, "kind of religion helps to understand the culture we have inherited: A young man can not understand the painting, music, sculpture, architecture, philosophy, history, politics, folklore, traditions ... in short, their own roots, if you do not know in depth the fundamentals of Catholicism. "
The fourth: "The Religion provides a worldview against the fragmentation of knowledge: Today there is a great "fragmentation" of human knowledge, accompanied by an over-accumulation of data, both in the scientific disciplines in the humanities. It is a fragmentation that has contributed significantly to the rise of a certain crisis of cultural identity, values \u200b\u200band certainties .... "
A fifth reason is that "religion responds to the meaning of life: A global education must respond to key questions about the meaning of our existence. What good is knowing the evolution the Universe, if nobody tells me why and what we're in this life? How can we justify human rights without accounting for the essential difference between the irrational animal and rational man? Can we talk of scientific optimism and society of the future, if we have based our hope in the beyond death .... "
The penultimate argument concerns the "Interreligious Dialogue : We are abundantly aware of the serious problem to world peace posed by fundamentalism. Every time we see more clearly that international stability, and even our lives together with a number of immigrants needs to be based on dialogue between religions. Now, you can only talk who has awareness and knowledge of its starting point. Otherwise, rather than an "alliance of civilizations", we are led to the disappearance of our own. "
Finally, "Moral Education: is clear that a complete education must include the moral dimension. Of little use in the accumulation of concepts in teaching, if there is a specific space in which to be educated in moral behaviors such as sincerity, solidarity, justice, respect, generosity ... This is another essential aspect of the subject of Religion, morality. "
A word to parents Anti-Religion in Euskal Herria
The bishop finally referred to the position taken by the Federation of Parent Teacher Associations of Euskal Herria, as opposed to religion can bid on public school association has sent letters to parents asking them not to enroll their children in this subject, so that those hours may be used for other compulsory.
"It's a pressure to bring the subject of Religion school hours, and ultimately de la escuela pública”, criticó el prelado.
Wednesday, May 11, 2011
Difference Between Water Cooled And Air Cooled
invite presidential candidates to march for life in Peru
LIMA ( ACI )
Organizaciones pro- vida anunciaron que el próximo 21 de mayo se realizará la Gran Marcha por la Defensa de la Vida a la que están también invitados los candidatos a la Presidencia de Perú, Ollanta Humala (Gana Perú) y Keiko Fujimori (Fuerza 2011).
The event, scheduled from 10:00 am at the Parque Mariscal Castilla (Lynx) has been organized by various institutions in defense of life led by the Center for Family Promotion and Regulation of Fertility (CEPROFARENA) and the Archbishop of Lima.
In statements to Prensa ACI CEPROFARENA President, Dr. Martin Tantaleán explained that the entire population is invited to the march and that "in principle an invitation to the candidates in the second round is open" .
"No one is excluded, there is no preference, we would not like is that this progress is not misinterpreted as a matter of setting position for any candidate, "he added.
on the position regarding the pro-life presidential candidate Dr. Tantaleán stressed that" no less Catholic Christian may vote for a candidate who thinks legalizing abortion .
"From the first round we have a call for all candidates and who could assume the power to commit themselves to respect the constitution, that says the right to life from conception, which is something that most Peruvians say they are favor, "he concluded his statements to CNA.
The second ballot will be held on June 5. On April 25, presidential candidate Ollanta Humala reiterated its support for therapeutic abortion and in favor of extending the Peruvian access to contraceptive methods .
In government plan the presidential candidate of Ghana Peru established as one of its objectives the decriminalization of abortion, even though Humala said after his meeting with Cardinal Juan Luis Cipriani "your home is Catholic and is pro-life."
April 25 Ollanta Humala also said to be in favor of expanding access to contraception for women in Peru.
On this subject the candidate of Force 2011, Keiko Fujimori, has said he is generally opposed to abortion and is approved only in cases of rape and threatening to the mother.
More progress: http://ceprofarena.blogspot.com/
Why Is My Bathtub Slippery
Gospel is not utopia and ideology, but larger force that transforms the world, says Pope
VATICAN ( ACI / EWTN News )
The Pope offered some reflections on three words "are evocative metaphors: three words linked to Venice and, in particular, to where we are: the first is 'water', the second is' \u200b\u200bhealth ', and the third is' serene'. "
Commenting the fact that Venice is" City of Water ", Benedict XVI made a proposal:" Venice as a city not 'liquid 'but as a city' of life and beauty '. "
" It is a choice between a city' liquid ', home to a culture that increasingly resembles that of the relative and ephemeral, and a city that constantly renews its beauty, drinking from charitable sources of art, knowledge, relationships between men and between peoples ".
Referring then to the second word 'health', explained that" the 'health' is a really all-inclusive, comprehensive, that is the 'be good' that allows us to live serenely a study day and work, or vacation, to the 'salus animae', the health of the soul, which depends our eternal destiny. "
" Jesus revealed that God loves life and wants to release it from any denial, to the most radical that is spiritual evil, sin, root poison that contaminates everything. So Jesus himself can be called 'Health' of man '. "
"Jesus saves man immerses you in the pure and vivifying power which frees man from his 'paralysis' physical, mental and spiritual healing as the hardness of heart, self-centered and narrow-mindedness makes it taste the possibility of being true to himself, lost the love of God and neighbor. "
Finally, the third word "serene", the name of the Venetian Republic, which "tells of a civilization of peace based on mutual respect, mutual understanding and friendly relations" . The Pope said: "Venice has a long history and a rich human, spiritual and artistic to be able to now also offer a valuable contribution and help people to believe in a better future and strive to build it. "
" But this should not be afraid of another emblematic element contained in the coat of San Marcos: the Gospel. The Gospel is the greatest force for transforming the world, but is not a utopia or an ideology. "
taking leave, the Pope greeted the Jewish community of Venice, Muslims living in this city, and finally the Church "pilgrim here and all the dioceses of Triveneto."
later Benedict XVI blessed the Chapel of the Holy Trinity, newly renovated and opened premises of the Library of the "Studium Generale Marcianum."
From Patriarchal Seminary Headquarters departed by boat to Marco Polo Airport in Tessera, where he flew back to Rome. Ciampino Airport flew by helicopter to the Vatican.
Lot Of Cervical Mucus
Mary, woman of faith
http://www.rosarioenfamilia.org.pe/
John Paul II says the story of the Annunciation
http://www.rosarioenfamilia.org.pe/
"the sixth month, God sent the angel Gabriel to a city of Galilee named Nazareth, to a virgin betrothed to a man named Joseph, of the house of David, the virgin's name was Mary. And when, he said, "Hail, full of grace, the Lord is with you." She was deeply disturbed by these words and pondered what sort of greeting. The angel said: Fear not Mary, for thou hast found favor with God, you will conceive in your womb and bear a son, and thou shalt call his name Jesus. He will be great and will be called Son of the Highest and the Lord God will give him the throne of David his father, will reign over the house of Jacob forever and his kingdom will end. "Mary said to the angel:" How can this be, since I have no husband? "The angel answered," The Holy Spirit will come upon you and the power of the Most High will overshadow you: therefore you have be born will be called holy, Son of God. And behold, Elizabeth, your relative has also conceived a son in his old age, and this is the sixth month with her who was called barren, for nothing is impossible with God. "Mary said," Behold the handmaid of the Lord, let it me according to thy word. 'And the angel left left. "Gospel of Luke (Lk 1, 26-38)
Bright Angel
response 1. The angel who intends to be a mother, Mary makes this the purpose of virginity. She, believing in the possibility of compliance with the notice, summons the divine messenger only on the mode of implementation, to correspond better to the will of God, which wants to join and delivered with full availability.
"He looked the way, no doubt the omnipotence of God," says St. Augustine (Sermo 291).
Moved by his love
2. Luke does not indicate the precise location which made the announcement of the birth of the Lord refers only that Mary was in Nazareth, a village of little importance, which seems destined to that event.
addition, the evangelist does not attach particular importance to the moment when the angel comes as no precise historical circumstances. In contact with the heavenly messenger, the focus is on the content of his words, which require intense listening to Mary and a pure faith.
This last consideration allows us to appreciate the greatness of faith of Mary, especially when compared with the tendency to constantly ask, both yesterday and today sensible signs to believe. On the contrary, the acceptance of divine will by the Virgin Mary is motivated only by his love of God.
Your question shows her faith
3. Mary was invited to believe in a virgin motherhood, which the Old Testament does not recall any precedent.
In fact, the famous prophecy of Isaiah: "Behold a virgin shall conceive and bear a son, and shall call his name Emmanuel" (Is 7, 14), while not excluding this perspective, explicitly interpreted in this sense only after the coming of Christ, and in light of the revelation Gospel.
Mary was asked to accept a truth never stated before. She welcomes the bold simplicity. With the question: "How will this be?" Expressed his faith in divine power to reconcile her virginity to motherhood unique and exceptional.
response: "The Holy Spirit will come upon you and the power of the Most High will overshadow you" (Lk 1, 35), the angel gives the ineffable God's solution to the question posed by Mary. Virginity, which seemed an obstacle to be the specific context in which the Holy Spirit will accomplish in her conception of the Son of God incarnate. The angel's response opens the way for the cooperation of the Virgin with the Holy Spirit in the birth of Jesus.
faith for salvation always
4. In the embodiment of the divine is given the free assistance of the human person. Mary, believing in the word of God, cooperating in the fulfillment of motherhood announced.
The Fathers of the Church often stress this aspect of the virginal conception of Jesus. Especially St. Augustine, commenting on the Gospel of the Annunciation, said: "The angel announced, the Virgin listen, think and conceive" (Sermo 13 in Nat Dom). He adds: "Cree Lady in the Christ who is told, and faith brings to its members, declining faith in their hearts rather than their virgin fertility maternal womb" (Sermon 293).
The act of faith of Mary reminds us of the faith of Abraham, who at the beginning of the Old Covenant believed in God, and thus became the father of numerous descendants (cf. Gn 15, 6, Redemptoris Mater, 14 .) At the beginning of the new alliance also Mary, his faith, exercised a decisive influence on the realization of the mystery of the Incarnation, the beginning and synthesis of all the redemptive mission of Jesus.
The close relationship between faith and salvation, Jesus emphasized during his public life (cf. Mk 5, 34, 10, 52, etc.) also helps us understand the fundamental role of Mary's faith has played and continues to hold salvation of mankind.
John Paul II, July 3, 1993
Beauty Salons Projects Examples
The
a man's daughter asked the priest to come to his house to say a prayer for his father who was very sick.
When the priest came to the sick room, he found this man in bed with your head up for a couple of pillows. There was a chair beside his bed, so that the priest thought the man knew it would come to him;
"I guess I was expecting," he said.
"No, who are you?" Said the man.
"I'm the priest that her daughter called to pray with you, when I saw the empty chair beside his bed, I figured you knew I would come to visit."
"Ah yes, the chair" said the sick man, mind closing the door? ".
surprised The priest closed it.
" I never told anyone this, but my life has been spent without knowing how pray. When I was in the Church have always heard
for prayer, to be praying and the benefits it brings ... but always that of the prayers I went in one ear and out
the other, I have no idea how. "So long ago gave up completely to prayer." This has been true me until about four years ago, when talking with my best friend told me, Joseph, that the sentence is just having a conversation with Jesus. this is how I suggest you do:
you sit in a chair and you put an empty chair in front of you, then with faith towards Jesus sitting in front of you. It is not something crazy to do so because He told us: "I am with you always." -
Therefore, you talk and listen, just how you're doing with me now ".-
" so I did it once and I liked it so much that I continued to about two hours a day since. "I have always very careful not I go see my daughter .... internaría me immediately because the asylum."
The priest was a thrill to hear this and told Joseph that was very good what he had been doing, and not stop.
then said a prayer with him, handed him a blessing and went to his parish.
Two days later, the daughter of Joseph called the priest to tell him his father had died.
The priest asked: "Died in Peace?"
"Yes, when I left the house about two o'clock in the afternoon I called and went to see him in his bed, told me how much he loved me and gave me a kiss."
"When I returned from shopping about an hour later and found him dead."
"But there is something strange about his death, apparently because he died just before he approached the chair that was next to her bed and rested his head on it, because they found . 'What do you think can mean? "
The priest wiped away tears of emotion s and replied:" I wish we could we all go that way ... "
Wooden Desk Blueprints
chair What is the Rosary?
has hitherto been regarded as the best definition of the Rosary, which gave the Pope St. Pius V in his "Bull" in 1569: "The Rosary, or Psalter of the Blessed. Lady, is a pious way of prayer, to everyone who is going to repeat the greeting that the angel gave Mary the Lord's Prayer interposing between each ten Hail Marys and trying to go while meditating in the Life of Our Lord. "El Rosario consisted of 15 Our Fathers and 150 Hail Marys in memory of the 150 Psalms. Now there are 20 Our Fathers and 200 Hail Marys, to include the mysteries of light. ;
The word Rosary means "Crown of Roses". Our Lady has revealed to several people that each time they say the Hail Mary are giving her a beautiful rose and that each complete Rosary will makes a crown of roses. The rose is the queen of flowers, and so the Rosary is the rose of all devotions, and therefore the most important of all.
The Rosary is composed of two elements: mental prayer and verbal prayer.
In the Holy Rosary mental prayer is none other than meditation on the mysteries or major life events, death and glory of Jesus Christ and his Blessed Mother. These twenty mysteries are divided into four groups: Joyful, Luminous, Sorrowful and Glorious.
verbal prayer consists in reciting fifteen decades (Rosario complete) or five decades of Hail Mary each decade headed by an Our Father, while meditating on the mysteries of the Rosary.
The Holy Church received the Rosary in its present form in the year 1214 in a miraculous way, when Our Lady appeared to St. Dominic and deliver it as a powerful weapon conversion of heretics and other sinners of the time. Since then the devotion spread rapidly around the world with incredible and miraculous results.
Among the various forms and ways of honoring the Mother of God, choosing why they are best in themselves and more pleasant to her, is the Holy Rosary which occupies the preeminent place. It is worth remembering that among the various apparitions of the Blessed Virgin, she always insisted on the Recitation of the Rosary. This is how, for example, the May 13, 1917 in a village in Portugal called Cova da Iria, the Blessed Virgin insists vehemently pray the Rosary to three shepherd children in one of his many appearances at these three visionaries.
As a sacrament, the Holy Rosary contains the principal mysteries of our Catholic religion, which nourishes and sustains faith, elevates the mind to the divinely verdadades revealed, invites us to conquer the eternal homeland, increases the devotion of the faithful, promotes and strengthens the virtues. The Rosary is high in dignity and effectiveness, could be said that prayer is easier for the simple and humble of heart, is the most special prayers go to our Mother to intercede for us before the throne of God.
El Santo Rosario extends the liturgical life of the Church but does not replace the contrary enriches and invigorates the liturgy. This is why the Holy Rosary as a prayer falls within popular religiosity that contains a great treasure of wisdom volar Christian responds with to the great questions of existence.
The Latin American people are deeply Mariano, recognizes a large Catholic wisdom, we come to Jesus as Savior through his Blessed Mother Mary and from the same time of discovery and Conquest of America, generated a great devotion to the Virgin Mary, in which our peoples have always looked motherly face who brought us salvation and the first explicit statement of the Queen of Heaven on American soil, with face and figure Women's mestiza, Mexico, grew even greater love and devotion to it in all English speaking countries, recognizing it as our own Mother, full of love, mercy and pity for their children. Feeling that is directly related to the origin of the divine motherhood, Mary is the Mother of God the Redeemer is also truly the Mother of all members of Christ, because she collaborated with her love were born in the church, believers, members of that head is Christ.
The passage of time, custom modern and innovative forms of prayer, can not put aside the recitation of the Holy Rosary. In fact, the Fathers and the Saints had a deep devotion to this sacrament, we as Catholics and as lovers of the Queen of Heaven we must be ardent devotees of the Rosary. It is worth remembering that the family that prays together stays together, that pious and conscious recitation of the Holy Rosary, we bring peace to the soul and unite us more closely with Maria to live authentically our Christianity .
(source: es.catholic.net)
Dr Stretched My Cervix
Marriage, the greatness of Christian love (by Benedict XVI)
Expression of the Christian image of God and man:
"Through love expresses the Christian understanding of God and the resulting image of mankind and its destiny. That is, they used the path of love to reveal the mystery of Trinitarian life. In addition, the intimate relationship between the image of God's love and human love enables us to understand that the image of a monotheistic God is for monogamous marriage. Marriage based on exclusive and definitive love becomes the icon of the relationship God and his people and vice versa, the way of loving God becomes the measure of human love. " (05/06/1911)
"This approach allows us to overcome a conception enclosed purely private in love, which is so widespread today. True love becomes a guiding light to all the fullness of life, generating a humanized society for man. "(11/05/2006)
A love healthy, strong, free and mature:
"Faith and Christian ethics are not meant to stifle love, but make it healthy, strong and truly free: precisely this is the meaning of the Ten Commandments, which are a series of" no ", but a big" yes " love and life. "(05/06/2006)
" Human love needs to be purified, mature and go beyond himself and be able to become fully human for beginning of a true and lasting joy. "(06/05/1906)
" The love and total surrender of the spouses, with their special features of exclusivity, fidelity, permanence in time and openness to life is the cornerstone of this community of life and love which is marriage. Today it is necessary to proclaim with renewed enthusiasm that the Lord is always present with his grace. This reporting is often distorted by false conceptions of marriage and family that do not respect the original plan of God. In this sense, we have come to propose new forms of marriage, some of them unknown in the cultures of peoples, in altering their specific nature. "(12/05/1904)
" The encyclical Humanae vitae reaffirmed clearly that human procreation must always be the fruit of the conjugal act, in its double meaning of marriage and procreation. Required by the greatness of married love as the divine plan, as recalled in the Encyclical Deus Caritas Est: The reduced to pure sex has become a commodity, a mere object that can be bought and sold, or rather, the same man becomes a commodity ... In fact, we are dealing with a debasement of the human body. "(05/13/2006)
A love raised to the dignity of a sacrament:
" Furthermore, according to the Christian vision of marriage, raised by Christ to the high dignity of a sacrament, confers greater brilliance and depth to the marriage bond and promises greater strength to the spouses who, blessed by the Lord of the covenant, they pledge allegiance to death in love open to life. "(13-05 - 06)
extract
Speech to Institute "Juan Pablo II" for Studies on Marriage and Family, May 11, 2006. (ECCLESIA, No. 3316)
(source: revistaecclesia.com ) 
"Through love expresses the Christian understanding of God and the resulting image of mankind and its destiny. That is, they used the path of love to reveal the mystery of Trinitarian life. In addition, the intimate relationship between the image of God's love and human love enables us to understand that the image of a monotheistic God is for monogamous marriage. Marriage based on exclusive and definitive love becomes the icon of the relationship God and his people and vice versa, the way of loving God becomes the measure of human love. " (05/06/1911)
"This approach allows us to overcome a conception enclosed purely private in love, which is so widespread today. True love becomes a guiding light to all the fullness of life, generating a humanized society for man. "(11/05/2006)
A love healthy, strong, free and mature:
"Faith and Christian ethics are not meant to stifle love, but make it healthy, strong and truly free: precisely this is the meaning of the Ten Commandments, which are a series of" no ", but a big" yes " love and life. "(05/06/2006)
" Human love needs to be purified, mature and go beyond himself and be able to become fully human for beginning of a true and lasting joy. "(06/05/1906)
" The love and total surrender of the spouses, with their special features of exclusivity, fidelity, permanence in time and openness to life is the cornerstone of this community of life and love which is marriage. Today it is necessary to proclaim with renewed enthusiasm that the Lord is always present with his grace. This reporting is often distorted by false conceptions of marriage and family that do not respect the original plan of God. In this sense, we have come to propose new forms of marriage, some of them unknown in the cultures of peoples, in altering their specific nature. "(12/05/1904)
" The encyclical Humanae vitae reaffirmed clearly that human procreation must always be the fruit of the conjugal act, in its double meaning of marriage and procreation. Required by the greatness of married love as the divine plan, as recalled in the Encyclical Deus Caritas Est: The
A love raised to the dignity of a sacrament:
" Furthermore, according to the Christian vision of marriage, raised by Christ to the high dignity of a sacrament, confers greater brilliance and depth to the marriage bond and promises greater strength to the spouses who, blessed by the Lord of the covenant, they pledge allegiance to death in love open to life. "(13-05 - 06)
extract
Speech to Institute "Juan Pablo II" for Studies on Marriage and Family, May 11, 2006. (ECCLESIA, No. 3316)
Monday, May 9, 2011
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Neither more nor less than that, a mutant gorilla USSR or Mr. Gorilla
Sunday, April 24, 2011
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Some designs that are gradually approaching the final of a Masters project
Wednesday, April 6, 2011
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39 Hello Goodbye 38
An entry as short as the previous, first to thank all the congratulations and then to tell you that this year I received so many calls and messages made me forget the bad feeling and at the end, I spent a day as entertaining. Anyway, I have no reason to complain and that depression is not me!
THANKS FOR PLAYING THE PART THAT OS!
Monday, April 4, 2011
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Progress
Today I say goodbye to the 38 and I have a mixture of sadness and bad temper. I had never been ill a birthday but for two or three, I feel terrible. I do not know why. Anyway, I'm in a bad mood!
Sunday, March 27, 2011
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Do you know why the government does not support education? Among
why I've always wondered if the governments in power know that education is up to the legs, why the heck do nothing to change it?, If they know there are private schools, because before he just blamed the national schools which deal only get money to students, teachers and exploit that shell, the roe still teach to why the government is still making dumb to size problem?. This could also be extended to university education, and that 100% of Peruvian universities suffers from one or another serious problem, which precludes its development and international competitiveness.
From
The answer is easy, governments want to keep the people ignorant of what happens. This measure was taken by many dictators and warlords in the past, in several Latin American countries, for example in the case of Mexico. By having an ignorant and stupid, lacking in criticism, is the perfect breeding ground for acts of corruption, high crime (which is given to those white collar crooks called Congress), as well as other evils fuck our society today.
From
the time of the first government of Alan García did not and shit to improve education, rather from his first term problems started (not that APRA is not no bullshit like that but it is true). For people who lived that government does not let me lie about amending those in education who made the dumb Mercedes Cabanillas, which permitted the practice of teaching people not prepared. It was for this reason that in state schools, to the jerk who was a gardener, following any educational institute workshop could end up being a teacher. What did all this? Easy, an education up to the legs, and schools full of teachers unable timeless can not be removed until his retirement. Have you wondered why it is that the latest measures to remove bad teachers from schools and put new did not work? That is just a direct consequence of his first government of this chubby. We could say that you are paying for the sins arising from his new Minister of Education then
.
subsequent governments in the case of Fujimori as not much was achieved, apart from building schools, reform education background could not be obtained. An initial effort was the creation of so-called high school, in which certain experimental schools education offering a higher level in the last years of secondary education. Unfortunately very few young people of that time could enjoy this type of education, not for lack of funds and was in state schools, but that idea was not widespread in those years. What if you could see both the governments of Fujimori and Toledo was the creation of a myriad of new universities, which at first were problems in its operating license, as if they were chongos, through CONAFU , are perhaps heard of Alas Peruanas roche, yes they were with these problems and I think that until now have them.
the end as you will see education has not had any improvement in almost 20 years, and continues from bad to worse, an ignorant people make mistakes and think that the ultimate solution of all problems is that the government to "bread and circuses" as in Roman times. In conclusion we shit.
And to think that there are bastards who want to vote for Ollanta because they think he will change something or by China, do not spend, throw away with a conscience, look at the proposals of the candidates and their resume, if is read, and if they find someone who can not, teach, always good to educate others.
to a new post.
Wednesday, March 23, 2011
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"PREVENT OR SOLVE ...? THERE HE IS THE QUESTION! (About the possibility of falling out of court a dispute is not externalized in the process of prevention)
* (This article has been jointly developed with Dr. Cesar Mendoza Valdivieso)
1. INTRODUCTION.
some time ago, has been talking and spreading the idea of \u200b\u200bprevention in the process of resolving legal disputes through preventive agreements involving the use of extrajudicial conciliation proceedings, in which is established by mutual agreement between the parties implementation of solutions to potential conflicts that may arise in the development of their legal relationship, being further that such agreements have been made under the autonomy of the will of the parties and in accordance with the legal system as a whole.
Indeed, the prevalent model of conflict resolution in our society has been to form part of a court scene, with its characteristic of being essentially adversarial, where the judge resolves the dispute in a judicial process under the Imperium and making Ius that function effectively for the implementation of effective judicial protection invoked by a party with your claim.
In that sense, has been an interesting topic for many (though no less controversial for a few), address the possibility of falling out of court matters on which there has been no conflict externalized in reality, which is commonly called real-conflict , more even if the existing regulatory framework expressly made to the court conciliation as an alternative mechanism for conflict resolution, assuming that this definition subsumes only so-called externalizing or actual conflict but, as is evident, the role of lead intrinsic resolution of prevention, since it must be remembered that the use of extrajudicial conciliation pursued a pedagogical role of citizenship education which strengthens ethical and moral values \u200b\u200bof society, which is finally giving credit to his word and thereby strengthening the so-called "good faith of the parties," a situation which will also the achievement of social coexistence in harmony.
So, for those outside the issue of reconciliation and use of alternative means of dispute resolution in general, the issue could be settled, from a limited, very simplistic, making a distinction between "Prevention" and "resolution" of conflict, saying that conflicts can be resolved only externalizing but not the settlement could be used as a mechanism for conflict prevention whenever there is no conflict, or at least, is not externalized, for accepting This possibility would distort the institution conciliatory, and, in that order of ideas is clear that neither could reconcile conflicts that are not accredited with documentation to support its previous existence, other anecdotal situation and we certainly would cause a conflict, helplessness which would meet set the parties to that stage. It is evident then, that although contributions are welcome and constructive criticism on the subject under study, it is also necessary to point out that the lack of comprehensive knowledge of the conflict as a social phenomenon characteristic of human relationships, can lead to making inappropriate statements on the subject. For
Thus, the conflict must be studied from a theoretical perspective in relation to its dynamic evolution and resolution, being that the legal approach is sometimes insufficient to explain this phenomenon, having recourse to a more multidisciplinary approach to reveal deep, in essence, what is conflict.
Based on the foregoing, it is then necessary to note that for purposes of defining the application of conciliation as a means of preventing and / or conflict resolution should be to determine more precisely when we are faced with a conflict and whether (or not) absolutely necessary that this is externalized frank and open in a situation of conflict of laws, to meet newly enabled the use of preventive arrangements via the settlement.
2. OWN ON THE DYNAMICS OF CONFLICT.
Before categorically confirm or deny the possibility of reconciling a conflict is not externalized in reality, we must first define what is meant by conflict and what is its dynamic action, this in order to reach conclusions and identify positions.
2.1. Conflict.
Generally speaking, when two or more persons have competing interests on the same property or right as we face the emergence of a conflict, which can be defined as a struggle between two parties, the clash of interests against certain situations or claims and in these parts do not yield, leading to a confrontation or conflict of rights or claims and usually presents as inter relational process and as such, is born, grows, develops and can sometimes be transformed, disappear and / or dissolve and other times remain relatively stationary. This situation is between two or more parties, meaning parties to individuals, small groups, communities or associations, but can also occur between two groups, between a person and a group, etc., Consisting predominantly antagonistic interactions of attractive interactions.
Conflicts are situations in which the interests of the parties or their needs are not coincidental but interdependent since they are perceived as satisfying the interests of one party will mean, inevitably, the non-satisfaction of the interests of Moreover, so that your satisfaction will depend on the behavior that the parties adopt each other. Thus any situation in which there are differences of interest attached to the relationship of interdependence is likely to cause conflict.
If we try to supplement the basic definition of what is meant by conflict, could claim to be a fact, situation or claim made by a party and which is otherwise perceived as contrary to the satisfaction of their interests, resulting in behavior on the defensive protection of those interests represented themselves in the positions adopted by the parties.
The element of perception is important in assessing any conflict since it is not always what the other is intended to disrupt or harm the interests of oneself, but it is the perception and the subsequent act of attribution of the act as harmful or potentially harmful to our interests that will generate one thinks there is conflict, understood as the same conflict of interests; or as Shakespeare said: "Nothing is good or bad, but thinking is what makes things good or bad," or in other words, the same situation can be conceived by some as a conflict, variable intensity, and for others the same situation will not conflict at all, depending on these highly subjective factors such as perception and attribution.
course also operate other elements to determine that a subject believes that he is immersed in a conflict than the feeling of involvement of self-interest, since we also have a hierarchy of needs and the scale itself values to the extent that they feel will condition affected their subsequent behavior.
2.2. Spectrum of Conflict. According to Roque
Caivano, when a situation is perceived and experienced as conflict, depending on the intensity of the perception of involvement, we can discuss the spectrum of conflict, it is composed of six stages that increase in intensity and each of them poorly managed, poorly resolved or unresolved directory, can be scaled in the following or other steps to climb until the last step, however, is not an inevitable linear sequence. The steps in the spectrum of conflict are:
a) Slight differences .- Disputes between people usually arise from small differences, limited collision of interests. If these differences have not been handled properly, so comprehensive, friendly and collaborative, this stage can be scaled to the next level.
b) Disputes .- The slight differences remain unresolved and these can remain latent in the memory as a reference for future disputes. Thus, compared to a further discussion will come out and produce an escalation in greater polarization of opinions, adapting positions in open communication and productive, and each party's focus on its position, probably will be a stalemate. Hence, intervention neutral third party could help avoid the risk of climbing to the next level.
c) Disputes .- The failure to resolve the disagreements usually produces a more active interaction of the parties and the discussions become more heated, the perceptions of one against the other more negative, more rugged communication and stubborn positions. In general the parties seek to win and the other loses.
d) Campaigns .- If the previous steps have not resolved the parties can begin to involve more participants in it. The dispute goes from private to public, and the parties seek to increase their power against the other seeking allies. In making public state, institutions and media can echo the conflict by pressing or influencing a party or act in certain ways. It should be noted that by including more participants, the communication process is complicated and the decision-making, as they all have a position, opinion or interest in a certain way.
e) Litigation .- In this stage, the parties continued their adversarial positions are required by law or the authority to refer the resolution of their dispute to a third party. However, when the third solution does not satisfy any of the parties can get these at the last stage.
f) fights or wars .- This last stage is characterized by the presence of physical or psychological violence and feelings inspired by damage or destroy the other.
2.3. Process of Conflict.
Any conflict can not be viewed as a static event, but must be conceived as a dynamic process, and therefore there are developmental phases that will pass, which will shape the possible future resolution. These phases are: a.
Antecedent conditions .- While the antecedent conditions can be considered as the situation prior to the emergence of real conflict and can be considered the preferred status that is aspired to return after the occurrence of conflict, consider which could also be understood as situations of internal conflict before the emergence of conflict externalized, amounting to a buildup of tension between various factions, and is manifested in the events and situations that occur between the parties as part of a process communication and relationship between these, as the equivalent of small differences add up. Here we argue that certain conflicts have a long history of previous situations that accumulate in the domestic jurisdiction of the parties involved (or at least one of them) and severely limit subsequent occurrence, sufficing only an act, situation or claim for to manifest with full force, the same as seen in isolation would not justify further conflicted state. B.
Harmonization of differences .- In addition, the existence of these differences generated voltage level of accumulation do not necessarily lead to the externalization of conflict, since the parties can reach what is called harmonization of differences, a process by which we are faced with the sudden drop in the level of accumulated tension and preventing conflict goes beyond the domestic jurisdiction of the parties and externalize in reality. This reduced level of stress is given by voluntary acts of one or both parties for trying to drive the relationship less conflicting paths without having to wait for it to externalize the conflict. We affirm that at this stage could be used peaceful means of conflict resolution designed precisely to avoid a negative outcome. For example, a married couple has a negative relationship differs between them and builds up tension, but whose level is reduced sharply with an act as trying to peacefully talk about the course that takes the relationship or just carrying a bouquet of flowers preparing the wife or husband's favorite food in order to reduce accumulated tension in the relationship. C.
Perceived conflict .- Here the parties, through the activity sense, perceive certain attitudes and behaviors of their counterparts as contrary to the satisfaction of self-interest, which will then be considered a direct attack, with the harmonization of differences has not succeeded in reducing the level of tension between the parties. As noted above, this perception may be real or may be distorted due to problems of perception would lead us to talk about conflicts exist, since the perception is distinguished by being a subjective behavior conditioned by pre-established patterns of behavior and therefore as part of the subject's internal thinking. D.
Conflict We sense .- internally of the person, who after seeing a certain situation, almost simultaneously by an act of perceived evaluative feeling ends and assuming the situation as an infringement to satisfy their own interests. Would be equivalent to the act of attribution, ie, I give negative intrinsic qualities perceived to act earlier and that will determine my subsequent performance. In other words, it begins to act out a response to the opposing attitudes that have been perceived as contrary to our position and are based on feelings such as anger, fear or rejection. E.
Once overt behavior .- has been perceived as an act contrary to their own interests, and felt that fact as a potential attack, the logical next step is to externalize by the subject in response to such behavior and that is perceived by the counterparty as a act to repel their acts that violate individual criterion or threaten their interests. Here we speak of the manifestation of the conflict.
f. Conflict resolution or suppression .- This stage will include all the ways in which the parties will attempt to end the conflict, such as self-help, self-composition or heterocomposición. Thus, there will be ways of removing the conflict in which a of the parties impose their will on the other through the use of violence, or be seeking a negotiated solution between them which can be made directly or through the involvement of intermediaries, or let a third party imposing a solution through an act of decision.
g. Consequences of termination .- Finally, the act of resolving the conflict may effectively ending the conflict manifested, which will ensure the future perfect coexistence of individuals, or on the other hand, had not been adequately resolved, serve as a condition precedent for the emergence of a potential new conflict. As
can be seen then, every conflict has an internal and an external appearance or externalized, and in that sense, there would be no impediment to any of its facets can use peaceful means of conflict resolution in order to solve the disputes (potential or real) that may arise between individuals, a vision that looks precisely, restoration, or in his case, the maintenance of social harmony "within a culture of peace.
3. REQUEST FOR CONCILIATION "SETTLEMENT IS IDENTICAL TO A LAWSUIT (O visceversa)?
Civil Procedure Code sets out certain requirements to be entitled to action in court by filing a lawsuit. Thus we speak of the procedural requirements that are prerequisites for the existence of a valid legal proceedings. Who exercises his right of action and viable through a lawsuit, you must meet a set of requirements at the time of filing. Some of these requirements are so regularly and consist of the obligation of accompanying annexes to accompany this claim or of some formalities that make it viable. On the other hand, there are substantive requirements because they are called intrinsic, ie, are linked to the essence of the demand and procedural legal act. Thus, accurately identify the claim, specify the quality with which it is claimed, properly raise an accumulation. Both documents, make a doctrine which is known to demand requirements, another Budget Procedure of singular importance and decisive, like the others, to establish a legal relationship valid procedure.
As the procedural present in a process helps to ensure the existence of a valid procedure, the conditions of action are viable a valid decision on the merits. In doctrine generally accepted peacefully that are part of the conditions of action, the interest to act and legitimacy to act. Interest to act, or procedural interest is basically a necessity, when a person has a material claim before the procedure may make it claim, whether or not regulated, a series of events to seek to meet their claim before starting the process from request, plead, beg, request, demand, urge, or threaten the bound. It is said that there is an interest to act when the person has exhausted all efforts to satisfy its claim material and has no choice but to resort to the court. Legitimacy to act, also called substantive legitimacy or ad causam legitimatio is when has or is believed to have a conflict of interest or relevant legal uncertainty which may be converted into procedural claim, is to start a process or continue to participate as an applicant to the person or all people should have that capacity and as part defendant to the person or persons they are concerned that quality.
But in conciliation court, be part involves more than being entitled under the operating criteria for civil proceedings. In general we could say that not every person is entitled to file his application for conciliation, but will only do so who is entitled to it. However, this legitimacy would without any inconvenience to anyone involved in the conflict (primary or secondary party) may submit an application for conciliation conciliation as a means of settling disputes. The problem arises when trying to determine who would be part of the conflict and the definition of the conflict is broader than procedural part, because a natural or legal person may submit an application for settlement if you have any interest in resolving the conflict, ie, if the conflict involves or affects the direct or indirect. In other words, in strictly procedural terms there may be lack of standing to initiate legal action in relation with the controversial issue could not provide evidence of their existence, but taking into account the dynamics of the conciliation court itself could file a request for conciliation, since it is part of the conflict over the role in the dynamics presented in the conflict situation. For example, when before the abandonment of one parent, the guys could request the establishment of a visitation for his nephew, or when we want to collect a debt which we do not have any document that proves either because been lost or simply because there is a debt being verbally.
In conciliation the conciliator is important identify who are the part of the conflict, and to do so, must be separated from the principles of procedure that apply to define who is a party (procedurally speaking), since in this case the settlement goes further because what is sought to resolve the conflict is fully and not only the legal dispute.
We must stress that reconciliation is not a method to replace the judicial intervention, but in view of the matter or the personal circumstances of those involved may be a more feasible route. Judicial intervention and arbitration have in common the resolution of the dispute by a third party acting evidence by the parties, and that decision is inevitably an adversarial mode almost always disastrous consequence of a winner and a loser, unlike the reconciliation that emphasizes the restoration of the communication process between the parties and relationships future, and the coincidence of wills as an essential prerequisite for attempting to resolve the conflict.
In this sense, the Italian maestro Mauro Cappelletti conciliatory justice noted that "as an expression of an alternative to traditional justice-no tendency to resolve conflict in a sharp agreeing with one or other of the parties, but a more peaceful, one way co-existential justice for those who must then continue to live, a way of disputes wormer, that is, a warmer way to resolve disputes between those who sought to leave the resolution on good terms, without winners or losers, and advocated a different system of traditional justice and bureaucratic. A view of the Italian master had to "dérregularizar, délegalizar, déprofesionalizar" (sic) looking for simple solutions, equitable and settlement.
Though also remember that the limits for submitting a dispute to conciliation are on account of the matter when they are involved issues of public policy. The notion of "public order" refers to all those controversial issues that can not be agreed freely by individuals and the imperative to be regulated by law, all by himself, must be resolved through a binding court ruling, which excludes them from being materials considered reconcilable, as stated in article 7-A Reconciliation Act.
4. NATURE OF DOCUMENTS RELATED TO THE CONFLICT: Attachments are not evidence.
When the Rules of Conciliation Law, Supreme Decree N º 014-2008-JUS, states in paragraph 4 of article 14 º that must accompany the request Single copies the document or documents related to the conflict, note that not speak of evidence, only documents related to the conflict, which have the quality of Annexes, which only serve to inform, through documents, the facts stated in the application and therefore will reinforce the position of the parties.
should be noted that not all Annex will serve as evidence, as required by the rules of section 425 of the Code of Civil Procedure would serve to test some annexes situations as diverse as the legal representative of the applicant, or support the request. But remember that the settlement does not act means of proof of any kind since it is not the mediator but the parties themselves decide the merits of the dispute in the exercise of their private autonomy.
Many times when documents are presented as evidence of the situations we are presenting the parties are focused on rights-based discussions and written on them, and when the conflict becomes a discussion of rights limits us to get to the reasons for which they originated.
On the issue of what documents are required to qualify parts when receiving a request for conciliation, which must keep in mind is that the documents should be the minimum from a formal point of view, and if not bring it impossible to start the process since these documents are essential in the case of legal persons who must necessarily submit the registration and the document containing the legal representation and the corresponding term of power, in the case settlement of minors who are parents must present a birth parent and child, as reported in these documents who are parents and we demonstrate that the entrenchment against the termination of disability covered by article 46 of the Code Civil. In conflicts over property rights law requiring registration, as the case of real estate or vehicle ownership are the starting registry key documents containing the inscription because they only identifies the owner (but remember that our registration system is declarative and does not require registration.) Otherwise we have in the case of heirs, you initiate a grievance procedure for division and partition must necessarily submit the documents accrediting them as heirs declared and therefore they hold full rights on the estate.
But we need a fundamental idea: a thing are the documents relating to the ability of the parties and the act of disposal of rights, the minimum that would qualify the request conciliation and quite another thing is the evidence. Thus, the evidence is central to the settlement because the parties do not seek to convince the mediator on the veracity of his claims because he does not decide the merits of the dispute, or seek legal truth, only guides the conciliation proceedings. Recall that the settlement is a consensual institution based on the principle of the autonomy of the parties conciliatory, which reconciled only if they both so wish, whether or not there are documents showing through, and if the legislature allows people to have to reconcile conflicts is because try as they may require give them up, since it is a feature of the settlement the chance to meet face resignations unilateral or bilateral. On the other hand, if we were talking about evidence within the conciliation proceedings, these would be inconvenient for the management of the conciliation and that if we consider that conciliators are plenty of lawyers, many of them may tend to guide the settlement depending on how that the evidence presented and understood the conciliator, affecting their impartiality.
In this regard, the substantial difference of conciliation with the judicial process is that in the latter is pursued to find the so-called truth legal, since it is procedural principle that any party asserting or denying something must prove it by the evidentiary basis of the principle of burden of proof, and this activity is focused on causing evidentiary certainty the judge, the same to be fed its decision when it issued its ruling on the contrary, in the settlement activity there evidence whenever the third called mediator does not decide the merits of the dispute but helps the parties to try to resolve the conflict leading to that effect of the procedure and specifically the settlement hearing and the parties themselves if they decide they want to resolve, regardless of whether There are documents related to the conflict.
is also pertinent to point out that the Rules of Conciliation Act makes specific reference to evidence of simple copies of the documentation, requiring not send original documents or certified true copies or the documents related to the conflict in the middle not it is evidence. In this sense, flexibility in family matters it would be interesting to re-adopt a provision in the second paragraph of article 13 of the repealed First Regulation Reconciliation Act, approved by Supreme Decree N º 001-98-JUS that pointed out that in family cases and those cases which shall not exceed 10 units of Reference Procedure, the Mediation Center for free will attest to the authenticity of original documents, without leaving a copy.
5. CREDITS WILL ALWAYS DEMANDED THE CONFLICT?
The legal framework governing the conciliation procedures provided for the requirement of proving the existence of the conflict, the mandate is met by the simple presentation of a copy of the documents related to that. However, this legal requirement would be impracticable for certain types of disputes that require a solution through compromise and we will mention very briefly.
5.1. Sustaining conflicts without documentation.
In the case of conflicts between neighboring nuisance caused by or in the case of a loan of money made verbally and as a result of a high degree of friendship or familiarity we would not be in a position to comply with documented proof of existence the conflict since it would be impossible in this case attach the relevant documents because simply do not exist.
other hand remember that in some free Mediation Center of the Ministry of Justice, designed to serve poor people, who ordinarily rely on orality as a feature of their economic relations, " come to replace this absence documentary by signing affidavits, which shows an attachment to the procedural view conflict resolution as requiring some kind of document that proves the statement.
Recall that in the case of oral contracts, they contain obligations on the legal framework does not require compliance with some kind of way, being the ad probation, that is, the way would only serve to prove in a subsequent process and eventual court the existence of the act but are not given punishes failure of writing to not be pre-set in the legal framework. In this course, think that there is no dispute between neighbors or no debt because you can not attach to the application a document attesting to disregard the reality of much of commercial transactions that occur in society as well that evidence aside the presumption of good faith of the conciliatory.
Moreover, as Hernando de Soto, extralegal property contracts underpinning nearly all property systems and are part of the reality of every country, and as Richard Posner points out, the property is a social construction, meaning property agreements that work best when people have reached a consensus on how to become owners of assets and rules governing their use and sharing; why in the Third World extralegal social contracts for a reason prevail understandable: they were more effective than formal legislation when building the current consensus on how assets should be governed. He argues that a right need not have been defined by formal norms to be legitimate, it being sufficient that a group of people strongly support a specific agreement for it to be sustained as a right and defended against the formal law.
5.2. Formalizing agreements.
we have a similar situation where the parties decide to resolve their disputes through informal agreements, whether oral or evidenced by private. We think that there would be no objection to such agreements are formalized through the signing of a deed of settlement, which would give greater force to these agreements according to the value that the law gives to the minutes, which is enforceable extrajudicial nature (similar to a sentence), and in case of default is passing directly to implementation, avoiding the hassles of going through the stages of a cognitive process (postulatoria, probation, and contesting decisions). For instance, the finalization of the payment of child support that was already giving informally through a verbal agreement between the former spouses, or oral agreement between landlord and tenant to ensure compliance with the restitution of possession of the property, or extending the term of the lease expired or can proceed to the recognition and payment of the improvements.
In these cases, through prevention efforts, the parties decide on the one hand prevent the prosecution of the merits of the dispute if it arises, and on the other, decide to submit directly to the rules of the process of enforcement of judgments , thus preventing them, at least to the party injured by the breach-transit through a long judicial process so as to obtain a conviction. This figure not only benefit the parties involved in the act of resolution but also indirectly to the judiciary because it would not participate in the development of a process of seeking legal truth, but merely act as a body responsible for implementing agreements only if these are infringed, contributed to discharge of judicial office.
5.3. Claims determined.
other hand, recall that the conciliation proceedings shall not be credited any conflict because there is a possibility that this conflict is raised in the request for conciliation but in the respective settlement hearing in what is known as determinable Claim . In this regard, Article 7 of the Regulations if it is true does not define what a claim is determinable, only indicates that there is no objection to the conduct of conciliation, the parties set different claims than originally foreseen in the application.
In this regard it should be noted that this implies the possibility of extending the original claim in the application, and can be given by both the applicant and the invitation to conciliate at any time during development of the settlement hearing. This is a feature of conciliation court to the extent as conciliator will not be able to fully define the topics covered the dispute or controversy themselves solely with the claim contained in the application for conciliation, which is why when identifying the problems that exist will attempt to resolve the possibility of joining other controversies and could be configured in a position to determine background to the conflict solution. In this case, the settlement should also refer to the latter, and note that there is no requirement that these claims are proven documented, although that would be considered also as a conflict, it is not raised in the request for conciliation but during the development of the settlement hearing.
5.4. Other cases of prevention.
5.4.1. What happens when an application is declared unfounded?
After the development of a trial, the judge must decide whether the demand should be estimated and thus be declared well-founded, considering that in these cases declared the existence of a right which is repaired breach in a ruling estimate but when an application is declared invalid, the judge has considered that it lacks legal basis and therefore, states that there never was any involvement of law, and that assessment is just that evidences that the state court system, can not put it directly, the possibility of judicial proceedings are initiated only by the perception of conflict in one of the parties, namely, that the party has placed before the court its view of the conflict, but to be contrasted with reality shows that The conflict never existed to the right and in any case the conflict was in the personal sphere (intrapersonal) and raised it in reality its application on the basis of an internal conflict and the best on the basis of a potential conflict.
5.4.2. What is the role of collateral?
Figures security interests have emerged from distrust or, if you say otherwise, to ensure the legal relationship between two parties and resolve any damage it may need to be covered for one of them, and that being so, this figure assumes the obligation of future performance from visualize potential conflicts and to ensure no actual conflict.
In that sense, it is clear then that both the justice system as their own substantive law provide for the use the use of protection mechanisms and / or protection of citizens against potential conflicts and conflicts not only for real.
Recall that the purpose of the collateral pledge-whether or mortgage, is precisely to ensure the fulfillment of an obligation, and to a possible non-compliance is the implementation of the guarantee given the sanction to be imposed, although not always remember to run, with the motivation of its constitution to guarantee the provision the fulfillment of an obligation in the event of a default scenario, in the process of prevention.
6. POSITION OF THE MINISTRY OF JUSTICE.
The Directorate of Extrajudicial Settlement and Alternative Dispute Resolution of the Ministry of Justice issued Circular No. 01-2010-JUS/DNJ-DCMA dated December 20, 2010, which recommends a grievance system operators (ie, the conciliators and the center-court conciliation procedures) take into account and verify previously irreconcilable matters freely available and in family matters on maintenance, custody and visitation of children girls and adolescents (under penalty of disciplinary proceedings have commenced) the following:
- You only receive and process requests for conciliation where there is a conflict of interest outstanding, duly attested by documents relating to the conflict of interest.
- The conflict has not been previously resolved before going to a mediation center.
- there are no prior agreements before a notary public or privately using the grievance system for finalization.
- The parties who hold a conciliation order (must see the legitimacy, due representation and voice) as well as the power to make law on conciliation.
- Arrive agreements are not contrary to the laws of interest to public order and morality.
- Comply with the requirement of the existence and presence of parties to the settlement hearing (applicant and guest) in accordance with Article 15 and 24 of the Regulations of the Conciliation Act.
words, regardless of whether it arguable that this trade is bound to compromise the system operators will not be contained in any rule of law, the governing body of extrajudicial conciliation in Peru condemn it to be used only as a mechanism for conflict resolution, understanding to any situation of conflict and controversy that is externalized in reality, and therefore demand-with-procedural criteria undoubtedly be credited to the conciliation center that the conflict is already materialized in reality and also supported by documentation reference to that, forgetting that the nature of some disputes impossible to comply with this requirement (as in verbal obligations to cite one example).
speculate a bit. This office would suggest that the assumption of the governing body of the settlement will be to warn a party conciliatory behavior motivated by a constant bad faith, which could be read between the lines as follows: if the conflict is not credited so in advance using submission of documents related to the conflict, then the settlement to which it might arrive will be the product of collusion and conspiracy conciliatory party in order to avoid damage claims and rights of others through acts of unilateral or bilateral arrangement own la conciliación , lo que a su vez demuestra que existe una vulneración del principio de buena fe regulado en la Ley de Conciliación y su Reglamento.
Además, si cabe la analogía, esta percepción de restringir el empleo de la conciliación únicamente como un mecanismo de resolución de conflictos exteriorizados será como el bombero que llega cuando el incendio devora y consume un edificio, impidiéndosele realizar labores de prevención que resultarían más beneficiosas a nivel social.
Consideremos algunas ideas. Por un lado, si la exigencia es presentar copias simples de documentos relacionados con el conflicto, estos documentos podrían ser falsificados o creados por las partes in cases in which, motivated by bad faith, chose to rely on the settlement to avoid debts or violate obligations. In this sense, the simple requirement to include copies of documents related to the conflict would be purely formal.
On the other hand, as we have seen, not always a conflict is externalized in reality, since it can be understood as a limited conflict of interest that could very well be settled by the parties involved in that by harmonizing the differences without that externalize. Or simply previous agreements that require a more efficient legal protection and therefore seek formalized through the signing of an agreement compromise, it has the advantage of being executable, as opposed to particular conventions for achieving this must be tested before in a natural cognitive process which in turn means prosecute the dispute with the usual cost, time and emotional for litigants.
7. CONCLUSIONS
Considering the nature of the conflict, in some cases that fails to express itself in reality to operate the harmonization of differences, which means reducing the tension built up between the parties in conflict, being that this activity is perfectly prevention efforts . And the prevention and resolution efforts are not to be excluded, since both are intended to resolve conflicts (externalized or not.)
In many cases the parties involved in a bilateral arrangement they consider employing security mechanisms to provide enforcement of the obligations between them in case of eventual failure as a means of prevention. If the legal system as a whole allows it, then what is the justification for their exclusion from the settlement.
In other cases, we speak of formalization of legal relationships through the use of instruments with greater legal force, which is to be preferred to state or oral agreements that have been private evidenced by a deed of settlement. This means deciding to turn directly to the rules of the implementation process. There would be no justification for preventing the execution of the agreements that have been resolved in a prior conflict between warring parties.
extrajudicial reconciliation must be understood in a different dynamic to the judicial process. As an institution that pursues the resolution of the various types of conflicts that arise in society, we can not be ordered to surrender to rigid and formal requirements that are required and if justified in a judicial process where the resulting minimum guarantees of due process mean establish facts for the court to order that court may decide the merits of the dispute. In conciliation are the parties, and not the third-the one who decides to solve the conflict, with testing or not, are the parties who decide to resolve their dispute if they truly want.
Complementing this, we must consider that the aim of conciliation is to bring peace between the warring parties, and should not be a conflict of interest if it is externalized or not, or if it can prove its existence or not, since what matters is it is sufficient that one party is perceived that a situation of conflict and expressed desires of wanting to reverse this situation to consider a case that is totally compatible. Will then primary role of the mediator to create the space for dialogue to listen to the parties and try to restore communication between the parties relationship as the core budget to start the dialogue to reach a consensual solution which results from the coincidence of the will of them. Or, as Lao Tse said: "Why argue, is worth listening to." 
* (This article has been jointly developed with Dr. Cesar Mendoza Valdivieso)
1. INTRODUCTION.
some time ago, has been talking and spreading the idea of \u200b\u200bprevention in the process of resolving legal disputes through preventive agreements involving the use of extrajudicial conciliation proceedings, in which is established by mutual agreement between the parties implementation of solutions to potential conflicts that may arise in the development of their legal relationship, being further that such agreements have been made under the autonomy of the will of the parties and in accordance with the legal system as a whole.
Indeed, the prevalent model of conflict resolution in our society has been to form part of a court scene, with its characteristic of being essentially adversarial, where the judge resolves the dispute in a judicial process under the Imperium and making Ius that function effectively for the implementation of effective judicial protection invoked by a party with your claim.
In that sense, has been an interesting topic for many (though no less controversial for a few), address the possibility of falling out of court matters on which there has been no conflict externalized in reality, which is commonly called real-conflict , more even if the existing regulatory framework expressly made to the court conciliation as an alternative mechanism for conflict resolution, assuming that this definition subsumes only so-called externalizing or actual conflict but, as is evident, the role of lead intrinsic resolution of prevention, since it must be remembered that the use of extrajudicial conciliation pursued a pedagogical role of citizenship education which strengthens ethical and moral values \u200b\u200bof society, which is finally giving credit to his word and thereby strengthening the so-called "good faith of the parties," a situation which will also the achievement of social coexistence in harmony.
So, for those outside the issue of reconciliation and use of alternative means of dispute resolution in general, the issue could be settled, from a limited, very simplistic, making a distinction between "Prevention" and "resolution" of conflict, saying that conflicts can be resolved only externalizing but not the settlement could be used as a mechanism for conflict prevention whenever there is no conflict, or at least, is not externalized, for accepting This possibility would distort the institution conciliatory, and, in that order of ideas is clear that neither could reconcile conflicts that are not accredited with documentation to support its previous existence, other anecdotal situation and we certainly would cause a conflict, helplessness which would meet set the parties to that stage. It is evident then, that although contributions are welcome and constructive criticism on the subject under study, it is also necessary to point out that the lack of comprehensive knowledge of the conflict as a social phenomenon characteristic of human relationships, can lead to making inappropriate statements on the subject. For
Thus, the conflict must be studied from a theoretical perspective in relation to its dynamic evolution and resolution, being that the legal approach is sometimes insufficient to explain this phenomenon, having recourse to a more multidisciplinary approach to reveal deep, in essence, what is conflict.
Based on the foregoing, it is then necessary to note that for purposes of defining the application of conciliation as a means of preventing and / or conflict resolution should be to determine more precisely when we are faced with a conflict and whether (or not) absolutely necessary that this is externalized frank and open in a situation of conflict of laws, to meet newly enabled the use of preventive arrangements via the settlement.
2. OWN ON THE DYNAMICS OF CONFLICT.
Before categorically confirm or deny the possibility of reconciling a conflict is not externalized in reality, we must first define what is meant by conflict and what is its dynamic action, this in order to reach conclusions and identify positions.
2.1. Conflict.
Generally speaking, when two or more persons have competing interests on the same property or right as we face the emergence of a conflict, which can be defined as a struggle between two parties, the clash of interests against certain situations or claims and in these parts do not yield, leading to a confrontation or conflict of rights or claims and usually presents as inter relational process and as such, is born, grows, develops and can sometimes be transformed, disappear and / or dissolve and other times remain relatively stationary. This situation is between two or more parties, meaning parties to individuals, small groups, communities or associations, but can also occur between two groups, between a person and a group, etc., Consisting predominantly antagonistic interactions of attractive interactions.
Conflicts are situations in which the interests of the parties or their needs are not coincidental but interdependent since they are perceived as satisfying the interests of one party will mean, inevitably, the non-satisfaction of the interests of Moreover, so that your satisfaction will depend on the behavior that the parties adopt each other. Thus any situation in which there are differences of interest attached to the relationship of interdependence is likely to cause conflict.
If we try to supplement the basic definition of what is meant by conflict, could claim to be a fact, situation or claim made by a party and which is otherwise perceived as contrary to the satisfaction of their interests, resulting in behavior on the defensive protection of those interests represented themselves in the positions adopted by the parties.
The element of perception is important in assessing any conflict since it is not always what the other is intended to disrupt or harm the interests of oneself, but it is the perception and the subsequent act of attribution of the act as harmful or potentially harmful to our interests that will generate one thinks there is conflict, understood as the same conflict of interests; or as Shakespeare said: "Nothing is good or bad, but thinking is what makes things good or bad," or in other words, the same situation can be conceived by some as a conflict, variable intensity, and for others the same situation will not conflict at all, depending on these highly subjective factors such as perception and attribution.
course also operate other elements to determine that a subject believes that he is immersed in a conflict than the feeling of involvement of self-interest, since we also have a hierarchy of needs and the scale itself values to the extent that they feel will condition affected their subsequent behavior.
2.2. Spectrum of Conflict. According to Roque
Caivano, when a situation is perceived and experienced as conflict, depending on the intensity of the perception of involvement, we can discuss the spectrum of conflict, it is composed of six stages that increase in intensity and each of them poorly managed, poorly resolved or unresolved directory, can be scaled in the following or other steps to climb until the last step, however, is not an inevitable linear sequence. The steps in the spectrum of conflict are:
a) Slight differences .- Disputes between people usually arise from small differences, limited collision of interests. If these differences have not been handled properly, so comprehensive, friendly and collaborative, this stage can be scaled to the next level.
b) Disputes .- The slight differences remain unresolved and these can remain latent in the memory as a reference for future disputes. Thus, compared to a further discussion will come out and produce an escalation in greater polarization of opinions, adapting positions in open communication and productive, and each party's focus on its position, probably will be a stalemate. Hence, intervention neutral third party could help avoid the risk of climbing to the next level.
c) Disputes .- The failure to resolve the disagreements usually produces a more active interaction of the parties and the discussions become more heated, the perceptions of one against the other more negative, more rugged communication and stubborn positions. In general the parties seek to win and the other loses.
d) Campaigns .- If the previous steps have not resolved the parties can begin to involve more participants in it. The dispute goes from private to public, and the parties seek to increase their power against the other seeking allies. In making public state, institutions and media can echo the conflict by pressing or influencing a party or act in certain ways. It should be noted that by including more participants, the communication process is complicated and the decision-making, as they all have a position, opinion or interest in a certain way.
e) Litigation .- In this stage, the parties continued their adversarial positions are required by law or the authority to refer the resolution of their dispute to a third party. However, when the third solution does not satisfy any of the parties can get these at the last stage.
f) fights or wars .- This last stage is characterized by the presence of physical or psychological violence and feelings inspired by damage or destroy the other.
2.3. Process of Conflict.
Any conflict can not be viewed as a static event, but must be conceived as a dynamic process, and therefore there are developmental phases that will pass, which will shape the possible future resolution. These phases are: a.
Antecedent conditions .- While the antecedent conditions can be considered as the situation prior to the emergence of real conflict and can be considered the preferred status that is aspired to return after the occurrence of conflict, consider which could also be understood as situations of internal conflict before the emergence of conflict externalized, amounting to a buildup of tension between various factions, and is manifested in the events and situations that occur between the parties as part of a process communication and relationship between these, as the equivalent of small differences add up. Here we argue that certain conflicts have a long history of previous situations that accumulate in the domestic jurisdiction of the parties involved (or at least one of them) and severely limit subsequent occurrence, sufficing only an act, situation or claim for to manifest with full force, the same as seen in isolation would not justify further conflicted state. B.
Harmonization of differences .- In addition, the existence of these differences generated voltage level of accumulation do not necessarily lead to the externalization of conflict, since the parties can reach what is called harmonization of differences, a process by which we are faced with the sudden drop in the level of accumulated tension and preventing conflict goes beyond the domestic jurisdiction of the parties and externalize in reality. This reduced level of stress is given by voluntary acts of one or both parties for trying to drive the relationship less conflicting paths without having to wait for it to externalize the conflict. We affirm that at this stage could be used peaceful means of conflict resolution designed precisely to avoid a negative outcome. For example, a married couple has a negative relationship differs between them and builds up tension, but whose level is reduced sharply with an act as trying to peacefully talk about the course that takes the relationship or just carrying a bouquet of flowers preparing the wife or husband's favorite food in order to reduce accumulated tension in the relationship. C.
Perceived conflict .- Here the parties, through the activity sense, perceive certain attitudes and behaviors of their counterparts as contrary to the satisfaction of self-interest, which will then be considered a direct attack, with the harmonization of differences has not succeeded in reducing the level of tension between the parties. As noted above, this perception may be real or may be distorted due to problems of perception would lead us to talk about conflicts exist, since the perception is distinguished by being a subjective behavior conditioned by pre-established patterns of behavior and therefore as part of the subject's internal thinking. D.
Conflict We sense .- internally of the person, who after seeing a certain situation, almost simultaneously by an act of perceived evaluative feeling ends and assuming the situation as an infringement to satisfy their own interests. Would be equivalent to the act of attribution, ie, I give negative intrinsic qualities perceived to act earlier and that will determine my subsequent performance. In other words, it begins to act out a response to the opposing attitudes that have been perceived as contrary to our position and are based on feelings such as anger, fear or rejection. E.
Once overt behavior .- has been perceived as an act contrary to their own interests, and felt that fact as a potential attack, the logical next step is to externalize by the subject in response to such behavior and that is perceived by the counterparty as a act to repel their acts that violate individual criterion or threaten their interests. Here we speak of the manifestation of the conflict.
f. Conflict resolution or suppression .- This stage will include all the ways in which the parties will attempt to end the conflict, such as self-help, self-composition or heterocomposición. Thus, there will be ways of removing the conflict in which a of the parties impose their will on the other through the use of violence, or be seeking a negotiated solution between them which can be made directly or through the involvement of intermediaries, or let a third party imposing a solution through an act of decision.
g. Consequences of termination .- Finally, the act of resolving the conflict may effectively ending the conflict manifested, which will ensure the future perfect coexistence of individuals, or on the other hand, had not been adequately resolved, serve as a condition precedent for the emergence of a potential new conflict. As
can be seen then, every conflict has an internal and an external appearance or externalized, and in that sense, there would be no impediment to any of its facets can use peaceful means of conflict resolution in order to solve the disputes (potential or real) that may arise between individuals, a vision that looks precisely, restoration, or in his case, the maintenance of social harmony "within a culture of peace.
3. REQUEST FOR CONCILIATION "SETTLEMENT IS IDENTICAL TO A LAWSUIT (O visceversa)?
Civil Procedure Code sets out certain requirements to be entitled to action in court by filing a lawsuit. Thus we speak of the procedural requirements that are prerequisites for the existence of a valid legal proceedings. Who exercises his right of action and viable through a lawsuit, you must meet a set of requirements at the time of filing. Some of these requirements are so regularly and consist of the obligation of accompanying annexes to accompany this claim or of some formalities that make it viable. On the other hand, there are substantive requirements because they are called intrinsic, ie, are linked to the essence of the demand and procedural legal act. Thus, accurately identify the claim, specify the quality with which it is claimed, properly raise an accumulation. Both documents, make a doctrine which is known to demand requirements, another Budget Procedure of singular importance and decisive, like the others, to establish a legal relationship valid procedure.
As the procedural present in a process helps to ensure the existence of a valid procedure, the conditions of action are viable a valid decision on the merits. In doctrine generally accepted peacefully that are part of the conditions of action, the interest to act and legitimacy to act. Interest to act, or procedural interest is basically a necessity, when a person has a material claim before the procedure may make it claim, whether or not regulated, a series of events to seek to meet their claim before starting the process from request, plead, beg, request, demand, urge, or threaten the bound. It is said that there is an interest to act when the person has exhausted all efforts to satisfy its claim material and has no choice but to resort to the court. Legitimacy to act, also called substantive legitimacy or ad causam legitimatio is when has or is believed to have a conflict of interest or relevant legal uncertainty which may be converted into procedural claim, is to start a process or continue to participate as an applicant to the person or all people should have that capacity and as part defendant to the person or persons they are concerned that quality.
But in conciliation court, be part involves more than being entitled under the operating criteria for civil proceedings. In general we could say that not every person is entitled to file his application for conciliation, but will only do so who is entitled to it. However, this legitimacy would without any inconvenience to anyone involved in the conflict (primary or secondary party) may submit an application for conciliation conciliation as a means of settling disputes. The problem arises when trying to determine who would be part of the conflict and the definition of the conflict is broader than procedural part, because a natural or legal person may submit an application for settlement if you have any interest in resolving the conflict, ie, if the conflict involves or affects the direct or indirect. In other words, in strictly procedural terms there may be lack of standing to initiate legal action in relation with the controversial issue could not provide evidence of their existence, but taking into account the dynamics of the conciliation court itself could file a request for conciliation, since it is part of the conflict over the role in the dynamics presented in the conflict situation. For example, when before the abandonment of one parent, the guys could request the establishment of a visitation for his nephew, or when we want to collect a debt which we do not have any document that proves either because been lost or simply because there is a debt being verbally.
In conciliation the conciliator is important identify who are the part of the conflict, and to do so, must be separated from the principles of procedure that apply to define who is a party (procedurally speaking), since in this case the settlement goes further because what is sought to resolve the conflict is fully and not only the legal dispute.
We must stress that reconciliation is not a method to replace the judicial intervention, but in view of the matter or the personal circumstances of those involved may be a more feasible route. Judicial intervention and arbitration have in common the resolution of the dispute by a third party acting evidence by the parties, and that decision is inevitably an adversarial mode almost always disastrous consequence of a winner and a loser, unlike the reconciliation that emphasizes the restoration of the communication process between the parties and relationships future, and the coincidence of wills as an essential prerequisite for attempting to resolve the conflict.
In this sense, the Italian maestro Mauro Cappelletti conciliatory justice noted that "as an expression of an alternative to traditional justice-no tendency to resolve conflict in a sharp agreeing with one or other of the parties, but a more peaceful, one way co-existential justice for those who must then continue to live, a way of disputes wormer, that is, a warmer way to resolve disputes between those who sought to leave the resolution on good terms, without winners or losers, and advocated a different system of traditional justice and bureaucratic. A view of the Italian master had to "dérregularizar, délegalizar, déprofesionalizar" (sic) looking for simple solutions, equitable and settlement.
Though also remember that the limits for submitting a dispute to conciliation are on account of the matter when they are involved issues of public policy. The notion of "public order" refers to all those controversial issues that can not be agreed freely by individuals and the imperative to be regulated by law, all by himself, must be resolved through a binding court ruling, which excludes them from being materials considered reconcilable, as stated in article 7-A Reconciliation Act.
4. NATURE OF DOCUMENTS RELATED TO THE CONFLICT: Attachments are not evidence.
When the Rules of Conciliation Law, Supreme Decree N º 014-2008-JUS, states in paragraph 4 of article 14 º that must accompany the request Single copies the document or documents related to the conflict, note that not speak of evidence, only documents related to the conflict, which have the quality of Annexes, which only serve to inform, through documents, the facts stated in the application and therefore will reinforce the position of the parties.
should be noted that not all Annex will serve as evidence, as required by the rules of section 425 of the Code of Civil Procedure would serve to test some annexes situations as diverse as the legal representative of the applicant, or support the request. But remember that the settlement does not act means of proof of any kind since it is not the mediator but the parties themselves decide the merits of the dispute in the exercise of their private autonomy.
Many times when documents are presented as evidence of the situations we are presenting the parties are focused on rights-based discussions and written on them, and when the conflict becomes a discussion of rights limits us to get to the reasons for which they originated.
On the issue of what documents are required to qualify parts when receiving a request for conciliation, which must keep in mind is that the documents should be the minimum from a formal point of view, and if not bring it impossible to start the process since these documents are essential in the case of legal persons who must necessarily submit the registration and the document containing the legal representation and the corresponding term of power, in the case settlement of minors who are parents must present a birth parent and child, as reported in these documents who are parents and we demonstrate that the entrenchment against the termination of disability covered by article 46 of the Code Civil. In conflicts over property rights law requiring registration, as the case of real estate or vehicle ownership are the starting registry key documents containing the inscription because they only identifies the owner (but remember that our registration system is declarative and does not require registration.) Otherwise we have in the case of heirs, you initiate a grievance procedure for division and partition must necessarily submit the documents accrediting them as heirs declared and therefore they hold full rights on the estate.
But we need a fundamental idea: a thing are the documents relating to the ability of the parties and the act of disposal of rights, the minimum that would qualify the request conciliation and quite another thing is the evidence. Thus, the evidence is central to the settlement because the parties do not seek to convince the mediator on the veracity of his claims because he does not decide the merits of the dispute, or seek legal truth, only guides the conciliation proceedings. Recall that the settlement is a consensual institution based on the principle of the autonomy of the parties conciliatory, which reconciled only if they both so wish, whether or not there are documents showing through, and if the legislature allows people to have to reconcile conflicts is because try as they may require give them up, since it is a feature of the settlement the chance to meet face resignations unilateral or bilateral. On the other hand, if we were talking about evidence within the conciliation proceedings, these would be inconvenient for the management of the conciliation and that if we consider that conciliators are plenty of lawyers, many of them may tend to guide the settlement depending on how that the evidence presented and understood the conciliator, affecting their impartiality.
In this regard, the substantial difference of conciliation with the judicial process is that in the latter is pursued to find the so-called truth legal, since it is procedural principle that any party asserting or denying something must prove it by the evidentiary basis of the principle of burden of proof, and this activity is focused on causing evidentiary certainty the judge, the same to be fed its decision when it issued its ruling on the contrary, in the settlement activity there evidence whenever the third called mediator does not decide the merits of the dispute but helps the parties to try to resolve the conflict leading to that effect of the procedure and specifically the settlement hearing and the parties themselves if they decide they want to resolve, regardless of whether There are documents related to the conflict.
is also pertinent to point out that the Rules of Conciliation Act makes specific reference to evidence of simple copies of the documentation, requiring not send original documents or certified true copies or the documents related to the conflict in the middle not it is evidence. In this sense, flexibility in family matters it would be interesting to re-adopt a provision in the second paragraph of article 13 of the repealed First Regulation Reconciliation Act, approved by Supreme Decree N º 001-98-JUS that pointed out that in family cases and those cases which shall not exceed 10 units of Reference Procedure, the Mediation Center for free will attest to the authenticity of original documents, without leaving a copy.
5. CREDITS WILL ALWAYS DEMANDED THE CONFLICT?
The legal framework governing the conciliation procedures provided for the requirement of proving the existence of the conflict, the mandate is met by the simple presentation of a copy of the documents related to that. However, this legal requirement would be impracticable for certain types of disputes that require a solution through compromise and we will mention very briefly.
5.1. Sustaining conflicts without documentation.
In the case of conflicts between neighboring nuisance caused by or in the case of a loan of money made verbally and as a result of a high degree of friendship or familiarity we would not be in a position to comply with documented proof of existence the conflict since it would be impossible in this case attach the relevant documents because simply do not exist.
other hand remember that in some free Mediation Center of the Ministry of Justice, designed to serve poor people, who ordinarily rely on orality as a feature of their economic relations, " come to replace this absence documentary by signing affidavits, which shows an attachment to the procedural view conflict resolution as requiring some kind of document that proves the statement.
Recall that in the case of oral contracts, they contain obligations on the legal framework does not require compliance with some kind of way, being the ad probation, that is, the way would only serve to prove in a subsequent process and eventual court the existence of the act but are not given punishes failure of writing to not be pre-set in the legal framework. In this course, think that there is no dispute between neighbors or no debt because you can not attach to the application a document attesting to disregard the reality of much of commercial transactions that occur in society as well that evidence aside the presumption of good faith of the conciliatory.
Moreover, as Hernando de Soto, extralegal property contracts underpinning nearly all property systems and are part of the reality of every country, and as Richard Posner points out, the property is a social construction, meaning property agreements that work best when people have reached a consensus on how to become owners of assets and rules governing their use and sharing; why in the Third World extralegal social contracts for a reason prevail understandable: they were more effective than formal legislation when building the current consensus on how assets should be governed. He argues that a right need not have been defined by formal norms to be legitimate, it being sufficient that a group of people strongly support a specific agreement for it to be sustained as a right and defended against the formal law.
5.2. Formalizing agreements.
we have a similar situation where the parties decide to resolve their disputes through informal agreements, whether oral or evidenced by private. We think that there would be no objection to such agreements are formalized through the signing of a deed of settlement, which would give greater force to these agreements according to the value that the law gives to the minutes, which is enforceable extrajudicial nature (similar to a sentence), and in case of default is passing directly to implementation, avoiding the hassles of going through the stages of a cognitive process (postulatoria, probation, and contesting decisions). For instance, the finalization of the payment of child support that was already giving informally through a verbal agreement between the former spouses, or oral agreement between landlord and tenant to ensure compliance with the restitution of possession of the property, or extending the term of the lease expired or can proceed to the recognition and payment of the improvements.
In these cases, through prevention efforts, the parties decide on the one hand prevent the prosecution of the merits of the dispute if it arises, and on the other, decide to submit directly to the rules of the process of enforcement of judgments , thus preventing them, at least to the party injured by the breach-transit through a long judicial process so as to obtain a conviction. This figure not only benefit the parties involved in the act of resolution but also indirectly to the judiciary because it would not participate in the development of a process of seeking legal truth, but merely act as a body responsible for implementing agreements only if these are infringed, contributed to discharge of judicial office.
5.3. Claims determined.
other hand, recall that the conciliation proceedings shall not be credited any conflict because there is a possibility that this conflict is raised in the request for conciliation but in the respective settlement hearing in what is known as determinable Claim . In this regard, Article 7 of the Regulations if it is true does not define what a claim is determinable, only indicates that there is no objection to the conduct of conciliation, the parties set different claims than originally foreseen in the application.
In this regard it should be noted that this implies the possibility of extending the original claim in the application, and can be given by both the applicant and the invitation to conciliate at any time during development of the settlement hearing. This is a feature of conciliation court to the extent as conciliator will not be able to fully define the topics covered the dispute or controversy themselves solely with the claim contained in the application for conciliation, which is why when identifying the problems that exist will attempt to resolve the possibility of joining other controversies and could be configured in a position to determine background to the conflict solution. In this case, the settlement should also refer to the latter, and note that there is no requirement that these claims are proven documented, although that would be considered also as a conflict, it is not raised in the request for conciliation but during the development of the settlement hearing.
5.4. Other cases of prevention.
5.4.1. What happens when an application is declared unfounded?
After the development of a trial, the judge must decide whether the demand should be estimated and thus be declared well-founded, considering that in these cases declared the existence of a right which is repaired breach in a ruling estimate but when an application is declared invalid, the judge has considered that it lacks legal basis and therefore, states that there never was any involvement of law, and that assessment is just that evidences that the state court system, can not put it directly, the possibility of judicial proceedings are initiated only by the perception of conflict in one of the parties, namely, that the party has placed before the court its view of the conflict, but to be contrasted with reality shows that The conflict never existed to the right and in any case the conflict was in the personal sphere (intrapersonal) and raised it in reality its application on the basis of an internal conflict and the best on the basis of a potential conflict.
5.4.2. What is the role of collateral?
Figures security interests have emerged from distrust or, if you say otherwise, to ensure the legal relationship between two parties and resolve any damage it may need to be covered for one of them, and that being so, this figure assumes the obligation of future performance from visualize potential conflicts and to ensure no actual conflict.
In that sense, it is clear then that both the justice system as their own substantive law provide for the use the use of protection mechanisms and / or protection of citizens against potential conflicts and conflicts not only for real.
Recall that the purpose of the collateral pledge-whether or mortgage, is precisely to ensure the fulfillment of an obligation, and to a possible non-compliance is the implementation of the guarantee given the sanction to be imposed, although not always remember to run, with the motivation of its constitution to guarantee the provision the fulfillment of an obligation in the event of a default scenario, in the process of prevention.
6. POSITION OF THE MINISTRY OF JUSTICE.
The Directorate of Extrajudicial Settlement and Alternative Dispute Resolution of the Ministry of Justice issued Circular No. 01-2010-JUS/DNJ-DCMA dated December 20, 2010, which recommends a grievance system operators (ie, the conciliators and the center-court conciliation procedures) take into account and verify previously irreconcilable matters freely available and in family matters on maintenance, custody and visitation of children girls and adolescents (under penalty of disciplinary proceedings have commenced) the following:
- You only receive and process requests for conciliation where there is a conflict of interest outstanding, duly attested by documents relating to the conflict of interest.
- The conflict has not been previously resolved before going to a mediation center.
- there are no prior agreements before a notary public or privately using the grievance system for finalization.
- The parties who hold a conciliation order (must see the legitimacy, due representation and voice) as well as the power to make law on conciliation.
- Arrive agreements are not contrary to the laws of interest to public order and morality.
- Comply with the requirement of the existence and presence of parties to the settlement hearing (applicant and guest) in accordance with Article 15 and 24 of the Regulations of the Conciliation Act.
words, regardless of whether it arguable that this trade is bound to compromise the system operators will not be contained in any rule of law, the governing body of extrajudicial conciliation in Peru condemn it to be used only as a mechanism for conflict resolution, understanding to any situation of conflict and controversy that is externalized in reality, and therefore demand-with-procedural criteria undoubtedly be credited to the conciliation center that the conflict is already materialized in reality and also supported by documentation reference to that, forgetting that the nature of some disputes impossible to comply with this requirement (as in verbal obligations to cite one example).
speculate a bit. This office would suggest that the assumption of the governing body of the settlement will be to warn a party conciliatory behavior motivated by a constant bad faith, which could be read between the lines as follows: if the conflict is not credited so in advance using submission of documents related to the conflict, then the settlement to which it might arrive will be the product of collusion and conspiracy conciliatory party in order to avoid damage claims and rights of others through acts of unilateral or bilateral arrangement own la conciliación , lo que a su vez demuestra que existe una vulneración del principio de buena fe regulado en la Ley de Conciliación y su Reglamento.
Además, si cabe la analogía, esta percepción de restringir el empleo de la conciliación únicamente como un mecanismo de resolución de conflictos exteriorizados será como el bombero que llega cuando el incendio devora y consume un edificio, impidiéndosele realizar labores de prevención que resultarían más beneficiosas a nivel social.
Consideremos algunas ideas. Por un lado, si la exigencia es presentar copias simples de documentos relacionados con el conflicto, estos documentos podrían ser falsificados o creados por las partes in cases in which, motivated by bad faith, chose to rely on the settlement to avoid debts or violate obligations. In this sense, the simple requirement to include copies of documents related to the conflict would be purely formal.
On the other hand, as we have seen, not always a conflict is externalized in reality, since it can be understood as a limited conflict of interest that could very well be settled by the parties involved in that by harmonizing the differences without that externalize. Or simply previous agreements that require a more efficient legal protection and therefore seek formalized through the signing of an agreement compromise, it has the advantage of being executable, as opposed to particular conventions for achieving this must be tested before in a natural cognitive process which in turn means prosecute the dispute with the usual cost, time and emotional for litigants.
7. CONCLUSIONS
Considering the nature of the conflict, in some cases that fails to express itself in reality to operate the harmonization of differences, which means reducing the tension built up between the parties in conflict, being that this activity is perfectly prevention efforts . And the prevention and resolution efforts are not to be excluded, since both are intended to resolve conflicts (externalized or not.)
In many cases the parties involved in a bilateral arrangement they consider employing security mechanisms to provide enforcement of the obligations between them in case of eventual failure as a means of prevention. If the legal system as a whole allows it, then what is the justification for their exclusion from the settlement.
In other cases, we speak of formalization of legal relationships through the use of instruments with greater legal force, which is to be preferred to state or oral agreements that have been private evidenced by a deed of settlement. This means deciding to turn directly to the rules of the implementation process. There would be no justification for preventing the execution of the agreements that have been resolved in a prior conflict between warring parties.
extrajudicial reconciliation must be understood in a different dynamic to the judicial process. As an institution that pursues the resolution of the various types of conflicts that arise in society, we can not be ordered to surrender to rigid and formal requirements that are required and if justified in a judicial process where the resulting minimum guarantees of due process mean establish facts for the court to order that court may decide the merits of the dispute. In conciliation are the parties, and not the third-the one who decides to solve the conflict, with testing or not, are the parties who decide to resolve their dispute if they truly want.
Complementing this, we must consider that the aim of conciliation is to bring peace between the warring parties, and should not be a conflict of interest if it is externalized or not, or if it can prove its existence or not, since what matters is it is sufficient that one party is perceived that a situation of conflict and expressed desires of wanting to reverse this situation to consider a case that is totally compatible. Will then primary role of the mediator to create the space for dialogue to listen to the parties and try to restore communication between the parties relationship as the core budget to start the dialogue to reach a consensual solution which results from the coincidence of the will of them. Or, as Lao Tse said: "Why argue, is worth listening to."
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