Marco Andrei Torres Maldonado
Marco Andrei Torres Maldonado (Lima, 1992). He is a lawyer specializing in Civil Property Law and litigation (judicial and arbitration). His professional practice includes consulting in complex civil and commercial matters, as well as the design of strategies for the prevention and resolution of controversies for our clients, in matters of civil liability, contracts and conflicts related to infrastructure and government contracts.
In the academic field, Marco has been studying for a Doctorate in Law at the Autónoma University of Madrid (Spain), is the author of several articles and books, and is a professor of Civil Law at the University of Lima.
Studies and Degrees
- Research stays at the University of Rome La Sapienza, Italy (July 2022).
- Doctorate studies in Law at the Autonomous University of Madrid (2020-2023).
- Master's Degree in Civil Law from the Pontifical Catholic University of Peru (2020). Thesis: "La tutela resarcitoria derivada de los daños por inmisiones en las relaciones de vecindad", outstanding mention. During his studies he was awarded the Aristotle Scholarship and the Marco Polo Fund, in recognition of his academic excellence.
- Specialization course on "Contracts and Damages" at the University of Salamanca, Spain (January 2018).
- Research stays at the Pontifical Javeriana University, Colombia (October 2018).
- Law degree from the National University Mayor de San Marcos (2016). Thesis: "Civil Liability and Family Law. Bases for a general theory of damages derived from family relationships", outstanding mention and recommendation for publication.
- Estudio Fernández, Heraud & Sánchez, Associate (2015-2018).
- Estudio Mario Castillo Freyre, Legal Assistant (2013-2015).
- Professor of Civil Liability at the Graduate School of the School of Dentistry of the National University of San Marcos (2020-2021).
- Professor of Civil Law I (Law of Persons) and Civil Law VI (Obligations) at the University of Lima (2017-present).
- Adjunct professor of Civil Law I at National University of San Marcos (2012-present).
- Civil liability in Real Rights. Immissions in neighborhood relations, double sale, building ruin and others. Lima: Law Gazette, 2022 (book).
- " Active diligence in the protection of the third party of good public faith in the registry". In: Civil & Civil Procedure Gazette. Lima: Law Gazette, No. 104, February 2022 (article).
- ""Civil liability derived from the infringement of the rights of the person. Legal protection of the subject and defense of his rights". In: New frontiers of civil liability. Direito Comparado. São Paulo: Foco Publishing House, 2020 (article co-authored with Enrique Varsi Rospigliosi).
- "The Covid-19 pandemic, force majeure and alteration of circumstances in contractual matters". In: Acta Bioethica. Santiago: University of Chile, No. 26, March 2020 (article co-authored with Enrique Varsi Rospigliosi and Nelson Rosenvald).
- "Lucro cesante, seguros y Covid-19". In: Civil & Civil Procedure Gazette. Lima: Gaceta Jurídica, N° 72, April 2020 (article).
- "The civil liability of the athlete in relation to the opponent"". In: Contributi di Diritto Sportivo. Napoli: Edizioni Scientifiche Italiane, 2020; and The sports arbitration. Second part. Lima: Library of Arbitration of Estudio Mario Castillo Freyre, 2020 (article co-authored with Angela Mendola).
- "Coworking, contracts and the Covid-19". In: El Comercio. Lima, dated June 06, 2020 (article).
- "The new treatment of capacity in the Peruvian Civil Code". In: Acta Bioethica. Santiago: University of Chile, No. 25, December 2019 and La Ley. Buenos Aires, year LXXXIV, N° 19, January 28, 2020 (article co-authored with Enrique Varsi Rospigliosi).
- ""How to value and quantify the material damage (consequential damage and loss of profits) “?”. In: Civil & Civil Procedure Gazette. Lima: Law Gazette, No. 68, February 2019 (article).
- ""Practical approaches around the express resolutory clause as a contract termination mechanism"". In: Current Legal News. Lima: Law Gazette, No. 296, July 2018 (article).
- ""The presumption of sociability of the assets and the real subrogation in the regime of community of property". In: Current Civil Law. Lima: Pacific Institute, No. 34, April 2017 (article).
- "Restitution and reimbursement obligations as effects of contractual termination". In: Civil & Civil Procedural Gazette. Lima: Law Gazette, N° 46, April 2017 (article).
- "Practical issues arising from the possessor's right of retention in matters of improvements". In: Civil & Civil Procedural Gazette. Lima: Law Gazette, N° 49, July 2017 (article).
- "WhatsApp fake: On the validity of WhatsApp messages in judicial proceedings". In: Current Civil. Lima: Pacifico Institute, N° 24, June 2016 (article).
- "The irrelevance of the nomen iuris in contractual practice". In: Legal News. Lima: Law Gazette, N° 271, June 2016 (article).
- "The letter of intent (letter of intent) in the acquisition of companies: are they preparatory contracts?". In: Gaceta Civil & Procesal Civil. Lima: Law Gazette, No. 41, November 2016 (article).
- ""The dynamic burden of proof, extemporaneous evidentiary means and procedural conduct in family proceedings"". In: Civil & Civil Procedural Gazette. Lima: Law Gazette, No. 42, December 2016 (article).
- "Pathologies derived from the co-ownership regime. Pre-emptive right, partition and compensation for exclusive use". In: Legal News. Lima: Law Gazette, No. 277, December 2016 (article).
- Civil liability in family law. Damages derived from family relationships. Lima: Law Gazette, 2016 (book).
- ""The protection of creditors in the face of corporate spin-off"". In: Current Legal News. Lima: Law Gazette, No. 258, May 2015 (article).
- "The fiduciary domain as ad tempus property and the civil liability of the fiduciary". In: Current Legal News. Lima: Law Gazette, No. 262, September 2015 (article).
Main assignments and consultancies
- Sponsorship of a favorable arbitration proceeding for the client, a company in the hydrocarbons sector, in which the effectiveness of a contractual termination was declared and the counterparty was ordered to pay damages amounting to approximately US$ 6'500,000.00 US dollars.
- Sponsorship of a favorable arbitration proceeding for the client for the approximate amount of US$ 4'000,000.00 U.S. dollars, derived from the execution of a Supply Contract entered into between a national entity and a recognized private company.
- Sponsorship for the defense of the property rights over a plant in La Libertad of one of the largest producers of fish oil and fishmeal in Peru.
- Sponsorship of a controversy brought by the largest insurance company in the country against an important company engaged in the design, manufacture and trade of disposable containers.
- Member of the legal team that externally advised the Metropolitan Municipality of Lima in the initial phase of the controversy related to the Yellow Line Project.
- Member of the legal team that externally advised PROTRANSPORTE in the different arbitration disputes against the operators of the Metropolitano.
- Representation of several Peruvian clinics in civil liability proceedings derived from medical malpractice, with favorable results for all of them.
- Member of the legal team that provided contractual advice to a company in charge of providing cell phone jammers to 33 prisons in the country, within the framework of a contract with MINJUS.
- Member of the Lima Bar Association.
- Member of the Civil Law Research Group of the University of Lima.
- Member of the Civil Law Workshop "José León Barandiarán" of the National University of San Marcos.
- President of the Young Lawyers Commission of the Euroamerican Academy of Family Law.
- Spanish, English and Italian.