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Gastón Fernández Cruz
Estudio Fernández & Vargas Abogados S.A.C. · Peru
Estudio Fernández & Vargas Abogados S.A.C.
Dispute Resolution & Litigation · Peru
Gastón Fernández is a national and international lawyer and consultant and expert in Peruvian law, having issued several international legal reports and intervened as an expert in Peruvian law in international arbitrations and legal proceedings.
He has participated as amicus curiae (“friend of the court”) in the VIII Civil Plenary Session of the Supreme Court of Justice of the Republic (2015), invited as a legal expert illustrating the Supreme Civil Magistrates gathered in plenary session of all the Civil Chambers of the Supreme Court of the Republic of Peru, to set a precedent on specific issues.
He is an arbitrator nominated by a number arbitration centers of the Republic of Peru, among them, the most prestigious, such as, among others, the Arbitration Center of the Lima Chamber of Commerce; the Center for Analysis and Resolution of Conflicts of the Pontificia Universidad Católica del Perú; the International Arbitration Center of the American Chamber of Commerce of Peru – AMCHAM.
He has been a member of several commissions appointed by the Peruvian State, among others:
a) Commission for the Reform of the General Arbitration Law of
Peru (2006).
b) Special Commission for the Comprehensive Reform of the Administration of Justice - CERIAJUS (2006).
c) Commission in charge of the revision and improvement of the Civil Code of the Republic of Peru, of which he was appointed President by Ministerial Resolution No. 0300-2016-JUS (2016-2019).
He also holds, or has held, the following academic and honorary positions:
a) Director of the master’s in civil law of the Graduate School of the Pontificia Universidad Católica del Perú (2017-2020).
b) Visiting professor at the Faculty of Jurisprudence of the Università degli Studi di Bologna (1999-2000).
c) Professor Honoris Causa of the National University of San Agustín de Arequipa (from 2013 to date).
d) Honorary professor at the Private University of Tacna (from 2013 to date).
e) Honorary Professor at the University of Huánuco (from 2018 to date).
He has been and is a national and international speaker, both within the Republic of Peru and abroad, mainly in Spain and Italy. For example, he has been a speaker at the universities of Bologna, Siena, and at the Scuola Superiore Sant’Anna in Pisa (Italy); and in Castilla La Mancha (Spain).
He is ordinary main professor at the Faculty of Law (from 2005 to date), and Full Professor of the Chairs of Law of Obligations and Law of Damages (from 1988 to date); as well as Professor of the Graduate School of the Master in Law with mention in Civil Law (from 2001 to 2007).
He has written a number of articles on Civil law and specifically on Tort Law. He is the author of the book named: “La cláusula penal. Tutela contra el incumplimiento vs. tutela resarcitoria” (The liquidated damages clause. The clause against breach of contract). Editorial ARA Editores. Lima. Peru. 2017; and of the book “Introducción a la Responsabilidad Civil” (Introduction to Tort Law). Fondo Editorial de la Pontificia Universidad Católica del Perú. Lima. 2019.
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