On the legal concept of community and the regulation of peasant and native communities in Peru

Abstract

This article explores the legal concept and regulation of peasant and native communities in Peru, emphasizing that they represent ancestral forms of social organization with their own characteristics and configurations. Despite some similarities between the two, they have different socio-historical foundations and legal statutes. It is emphasized that, according to the Political Constitution and the Civil Code of Peru, peasant and native communities are considered legal entities and are granted various guarantees for their rights, which, as argued in the article, do not conform to classical frameworks.