Question from Smile, Is this an example of an obligation not to do something under Peruvian civil law?
Answer from AI:
In the scenario described, ADMINISTRADORA JOCKEY PLAZA has entered into a sublease contract with SIGDELO, and has agreed not to lease or sublease any premises to McDonald’s or any McDonald’s licensee in the Jockey Plaza Shopping Center. This situation can be considered as an example of an “obligation not to do something” (obligación de no hacer) under Peruvian civil law.
Understanding Obligations Not to Do Something
In general, an obligation is a legal duty to do or not to do something. The Peruvian Civil Code, in its Article 1134, defines the obligation not to do something (obligación de no hacer) as the legal duty to abstain from performing a certain act. If the act is performed, the obligation is considered violated, and the obligor may be required to repair the damage caused.
In this case, ADMINISTRADORA JOCKEY PLAZA has a legal duty not to lease or sublease any premises to McDonald’s or any McDonald’s licensee in the Jockey Plaza Shopping Center. If they do so, they would be violating their obligation and could be held liable for damages.
Legal Advice and Consultation
While this information provides a general understanding of obligations not to do something under Peruvian civil law, it’s important to note that the interpretation and application of the law can vary depending on the specific circumstances of each case. Therefore, it’s recommended to consult with a legal professional for personalized advice.
For more information on obligations under Peruvian civil law, you can refer to the following resources:
Please note: This information is intended to provide a general understanding of the law. It should not be construed as legal advice or a legal opinion on any specific facts or circumstances.