Saturday, August 4, 2012

Exports


SUMMARY:

1. Introduction .- 2. Definition .- 3. Exports are not only used by large companies .- 4. Importance in the economy .- 5. Importance in the company .- 6. Market .- 7. Economic analysis of law .- 8. Incentives for exports .- 9. Disincentives for imports .- 10. Economic efficiency .- 11. Scale production .- 12. Globalization .- 13. Benefits of exports .- 14. Disadvantages of exports .- 15. Export of capital .- 16. Trade balance .- 17. Sources of information .-

18. Conclusions .- 19 .- 20 .- Suggestions. Legislative proposals .-

1. INTRODUCTION

Agree that all research be introduced to allow to have a preview of the research topic and therefore this will be an introduction to enable mastery of the subject matter of research. It is appropriate that all research be introduced to gain a greater mastery of the subject investigated by the researcher and also by the readers of the same, therefore everyone agrees that the research are introduced. Some companies export making it clear that matters for our purpose to study this legal institution, in this regard will look the same for the record that is almost always only apply to large companies or what is the same large corporations, which is clearly also applies to smaller companies and we must be careful when selecting the managers of companies. With little capital really can start a business of great magnitude because when it does not matter much given the capital to be used is clear therefore that we should not intimidated to compete in the market, since the bulk of the companies are sales and to have the same one must have a good sales team for which you do not need a large company.

Exports improve the economy of the exporting companies and of course exporting states, which is why it is clear that such operator should aim to export and design economic policies in that direction as well as discouraging imports, which is clear that a state that tends to encourage export development in this regard is clear that a state that encourages imports and discourages exports oriented or tends or is doomed to failure, making it clear that deserves the studies. The economy is very complex or difficult to understand but it is clear that it is ideal for a state that exports in this regard we welcome the initiative of former President Alejandro Toledo Manrique, and we should be very careful when designing economic policies of governments and companies, in this sense the present work adyudarà to better understand these legal institutions that can benefit both lead to the development of a state and therefore its lack can cause much damage and losses to a state.

2. DEFINITION

Given that the subject matter is exports, is this the opportunity to define themselves what causes or brings much benefit to exporters as the exporting states, so we define them below. Exportation is when you move or transfer a good or service from one state to another, ie, when it comes out the same from one state to another, in this sense we can say that when the good or service goes from one state to another are to an export, but when we face an import enters, for example when a person living in Peru sells the good or service to a person living in the United States, this is a course export for Peru, but against an alleged import on the other state. That is, the sale is not the only case of export, but there are other situations such as mutual, lease, supply and loan, including related legal forms in which there is really a transfer of goods from one state to other.

3. EXPORTS ARE NOT ONLY USED BY LARGE COMPANIES

There are various classifications of businesses, making it clear that we care about the classification which ranks companies according to their size, so we can say that usually only large companies are those that export, for allowing having branch established, however, we record a well-run small business can legitimately exported without problems as it does not matter the size of the company for exports. And do not even need not even be registered in public records office. Exports is clear that improving the economy of the exporting states for which we must consider that they are not only used by large companies. Whatever the size of firms is important to take into account the distribution of products produced or sales force that it can indeed be one's own or of the same company or third parties, and the latter when placed goods or services for other companies to place them in the mecado.

4. Importance in the economy

The economy allocates resources in a context of scarce resources, making it clear that is vital for lawyers to study the same, in this regard will look the same. Exports improve the economy of the states, making it clear that should be approved and implement economic policies that encourage exports and discourage imports also that, which is little known by the writers, because only in this way market can be improved.

5. IMPORTANCE IN THE COMPANY

The companies are among the economic agents that operate in the market, making it clear that we must study them to understand exports, making it clear that we will study them. Companies must export because in this way tend to the growth markets, making it clear that managers must develop policies for foreign market penetration, since the market is always or always very small.

6. MARKET

The market is where supply meets demand and that is the place where sellers and buyers contract is of three kinds: domestic or internal, external and international levels, making it clear that the first is not the only market and therefore it is clear that for export must be aware of the two markets mentioned below. In this regard we must consider the foreign market and also of course or the international market anyway.

7. ECONOMIC ANALYSIS OF LAW

There are different forms of legal and exegetical, historical, teleological, functionalist, comparative, among others, therefore it is clear that the economic analysis of law emerges as a method of explaining the consequences of applying the law in this regard is clear that we must study the same. Therefore it is clear that in this matter, we must study the export incentives, disincentives for imports, exports economic efficiency, among other issues specific to the economic analysis of law.

8. Export incentives

Given that exports cause economic benefits of different exporting states should study the same in the sense that every state should encourage exports. Different states have different policies designed to encourage exports, because only in this way the market tends to increase both the exporting state to exporting companies, making it clear that failure to encourage export companies tend to have or occupy smaller markets. Incentives for exports may be economic, ie export prize money but rather appropriate or simplification of procedures to export goods or services. Thus if a state wishes to encourage exports is clear that should simplify the goods for export also known as simplifying the export process.

9. Disincentives for IMPORTS.

Many people are unaware that Peruvian law by the imports of Peruvian companies cause much damage to the Peruvian state, making it clear that we must direct our research to publicize this issue in order to have a complete picture of the subject matter of study result then study this important issue for both the economy and the law. The states and companies should discourage imports because they cause great harm to the economy of the state and also importing firms therefore policy measures are established to that effect in different states to suppress them what should be studied very jealous by the writers, ie, only in this way we can facilitate the development of the various states that were once considered as importing states, making it clear that good policies can make or obtain the longed development of different states, therefore it is clear that this issue should be studied very jealous by the respective legislators, as we know it's not just the Congress, but the former are many, as is seen in publications of the official gazette El Peruano.

10. ECONOMIC EFFICIENCY

Every institution is necessary to study the economic efficiency study which then exports it is therefore necessary that the Peruvian law, foreign and compared. Suitable for our purposes in this seat if exports are or are not efficient, therefore it is clear that these are efficient, but only for the State of export, but not for the receiving state exports, ie not a economic or political as economic sense for importers.

11. Scale production

Exports make possible the production of more goods and services, therefore it is clear that the costs tend to decline, not least because some costs remain fixed regardless of the amount of production, therefore it is clear that exports are down prices in the market, which is necessary to consider at the time of production.

12. GLOBALIZATION

Globalization is opening the borders to products from other states or countries, in that sense there can AFIM various classifications of one of them states that classifies the states according to whether or not open borders to foreign products. Globalization is a topic that is related to exports, which is necessary in this study based on the subjects listed first. Globalization is a topic recently is the subject of study for which we must note that almost all studies require that the borders must be opened to all goods and services, which compliment this initiative and indicated that without globalization, products would have a higher price, but few studies indicate that it is not good for the less developed countries is therefore clear that we must be careful when studying and implementing the same.

13. ADVANTAGES OF EXPORTS

All legal institution has disadvantages, so it is clear that exports are also disadvantages, in that sense we must put on record that they reduce costs because the production is done on a larger scale, for example, if prior to export two thousand were made poles and exporting can make ten thousand poles. Thus it is clear that exporting has advantages over the cost of the product may be a good or service, which is clearly an advantage for the exporter as well as for their customers or buyers, noting that these two past do not have the same meaning thermos or not the same.

14. DISADVANTAGES OF EXPORTS

Some legal institutions have disadvantages in that sense the institution studied has disadvantages such as, for example international transport costs are high costs such as transport from Spain or the United States to South America. Consequently, it is clear that exports are studied not only the institution has advantages but also disadvantages, making it clear that we must be careful when studying the exports as a major cost to the product or expensive is the transportation International, noting that although there are many specialized companies is also true that the cost to export also remains high in the Peruvian law.

15. EXPORT OF CAPITAL

The term is generic and export in this vein there are other terms that are more specific as for example the term export of capital, a term that certainly we must also know to have solid knowledge of the export economy and corporate law, which so necessary to the economy and a worldwide, Peruvian foreign and compared. There are other legal terms and economic specifications that define who will study conrtinuaciòn, such as export of capital, in this sense to take this venue to define it. Suitable for our purposes to define more specific terms such as export export of capital, which consists of transferring capital (money) from one state to another, for example is a case of export of capital from Peru when capital moves from this country to the United States of America or from Peru to Spain, or from Peru to Chile, Bolivia, Venezuela, Colombia, Argentina, among other states. This is legal and economic institution made to avoid taxes that may affect investment in capital therefore lies in a better economic field. To move capital is necessary to take into account the currency in which to export and can mainly be in dollars or euros, but nothing prevents it from being carried out in another currency, for example, can validly be made in soles or Yen or Mark or in another currency, however, it is clear that almost always the currency in which to export capital is not very important but what is important if the export or transfer of capital or if it's the same money.

When exporting capital is not always the owner of the capital remains the same person but that person may be different for example when performing a mutual or a capital lease because the person to which delivery is another capital in these consensual agreements which the two parties are located in the same state or country, but in different states or countries.

16. TRADE BALANCE

Other terms economic and legal to be examined when considering export, making it clear that we must consider these terms to have greater knowledge of the subject matter of study and acquire a good and therefore we will study them. It is the headquarters for studying other export-related terms such as trade balance, in this regard will look the same. The trade balance amounts to the balance or difference between imports and exports and the result is the trade balance, trade balance consequences as may be greater exports than imports or can otherwise occur when imports are greater than exports, it is necessary to mention that in the Peruvian exports are greater than imports which is good for the Peruvian economy is clear therefore that is right for the economy and also for the right to know the trade balance which is necessary to take into account these economic and legal terms is therefore necessary to law and economics from around the world. That is, this term should be known not only for economists but also lawyers, therefore it is clear that a solid knowledge of economics lawyers can do better because they have other tools that make them more efficient.

To study this legal term economic and trade balance is recommended to study books on economics, not law books, because only in the former and not to the recent study the term is subject matter.

17. SOURCES OF INFORMATION OR REFERENCES

For the preparation of this work we have consulted many sources, however, few have found the information we needed, therefore have consulted the following sources:

1) ANDRADE E., Simon. Dictionary of Finance, economics and accounting. Lucero publishers and bookstores. S. R. LTDA. First edition. 1996.

2) ARGERI, Saul A. Dictionary of commercial law and business. Editorial and Ricardo Alfredo Astrea Depalma. Buenos Aires. 1982.

3) Cabanelles, William. Usual Encyclopedic Dictionary of Law. Editorial Heliasta. 23 revised edition, updated and expanded. 1994. Argentina.

4) JARA Cosio, Fernando. General Customs Law. Editorial Rhodes. Third Edition, March 2006. Lima Peru.

5) FERNANDEZ DE LEON, Gonzalo, Law Dictionary. Markedly enlarged third edition. Modern accounting issues, Buenos Aires Argentina. In November 1972.

6) KOHLER, Earl. Dictionary of economic terms and accountants. Scientific publishing. Bogota Colombia. Second edition in Castilian. 1973.

7) Seldon, Arthur and Pennance, F.G. Dictionary of economics. Oikos-so S.A, editions. Castilian Second Edition 1975. Printed in Spain.

18. CONCLUSIONS

Having developed the theme of exporting conclusions as follows:

1) Exports are most studied by the customs law, which is located in the public law and procedural law which is thus its rules are public, which should take into account not only legislation but also when when applying the rules subject matter. And is that the right is divided into three branches that are private law, public law and social law. In private law lie civil, commercial, corporate, cartular or exchange, securities, international trade, among others. Public law are located constitutional, administrative, litigation, tax and customs, among others. And in social rights and mining rights located family. Taking into account that were merged with the National Customs Authority SUNAT we have much to say that tax law with the customs duty is therefore clear that if we study we must also consider customs duty tax, but it is clear that these two branches of public law are autonomous and have their own rules but it is clear that there are important relationships between them.

2) The economy exports improve exporting states while hurting the economy of import statements, so they should be encouraged exports and discourage imports in different states.

3) Exports is a very useful way for growing companies. Thus for proper development of the different companies this process should be studied in great detail.

4) Exports or not a phenomenon unique process of large companies. Consequently, it is clear that small businesses can also export so it is of vital importance in the administration managers of different companies.

5) The export is of goods and services, including export being an export consulting services, which is very important in the development of a state, nation or country. For example you can export legal or economic consultancy which is necessary to consider for better development of the states and within these companies also exported as companies that matter. For example when exporting legal or professional services firm is clear that this is a case of export of consultancy services. These services are very important to export as the right of individual states is different, therefore it is clear that without these services would become very difficult to export or open branches abroad, for example is too complex for a Spanish company to open a branch in the Peruvian state. These services are very important because thanks to them, ie through the export of consulting firms tend to develop in a global setting that can only stay on the market efficient firms and companies that have losses.

19 SUGGESTION S

After having developed the term exports and present findings have made suggestions as follows:

1) It is necessary to encourage exports and discourage imports in different states. Since the first national market improves while the latter seriously impair the development of the different national markets of the country or state or nation that matters. Consequently, it is clear that the rule should be the exception export and import should be.

2) It should be noted exports for growth companies. That is, are very useful for business growth especially when the goods or services produced reach other markets.

3) should be encouraged exports all types of enterprise, ie, whatever their size. Because exports are not exclusive to large companies, but can export all kinds of companies. That is, many people mistakenly think that can only be exported or large businesses or large businesses or large corporations, which is necessary to mention that it is wrong.

20. LEGISLATIVE PROPOSALS

Having developed the export issue and have given suggestions conclusions and make legislative proposals to Peruvian and foreign law as follows:

1) They must adopt rules to encourage exports and discourage imports also, that in this way the state, country, or exporting nation at the development and does not tend to fail by a small amount of exports and a large number of imports. In this sense we can say that the rule should be the exception of exports and imports, which must be taken into account when drafting and passing legislation to proper legislative bodies therefore differ from those approved in the current Peruvian law as is for example the General Customs Law.

2) To regulate exports and imports should be recruited experienced lawyers and especially lawyers who are better able to draft legislative bodies, among which are the laws and legislative decrees. But it is clear that within the legislative technique these are not the only types or classes of the same rules as have many classifications, the hierarchy being only one of the classifications thus consider legislative technique is a very complex process that can only be appointed experts with extensive knowledge of the subject matter of study and also understands the subject to regulations or standards, for example whether to regulate exports of the legislative process to handle corporate lawyers specializing in customs law and international trade law. The record that the latter two the first part of the second implication is clear that the customs duty is lower and that the international trade law is broader.

3) In the Peruvian state must pass a general law of customs or bring together all customs regulations which will reduce information costs, making it clear that reduce transaction costs. Consequently, it is clear that proper regulation will increase the number of exports and reduced the number of imports change. In some other states have warned that there is Customs Code or Customs Code which provides commercial traffic because it is easier to apply the positive law, customs or customs legislation. We must also record that the customs legislation or customs positive law is only one part or area of ​​customs law, it is not the same law or legislation, because legislation is only part of the right or only a source of law, as the sources of law are the law, doctrine, custom, law, enforceable, general principles of law, social reality and manifestation of will. Consequently, it is clear that many professionals including attorneys confuse the right with the law, which is necessary to take into account a detailed study of the subject matter of study.

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