LEGAL SCIENCE AND LAW

Author: AGUDO FERNÁNDEZ ENRIQUE.
Year: 2003.
University: GRANADA [More theses of this university] [www.ugr.es].
Place of defense: DEPARTAMENTO DE DERECHO PENAL.
Place of preparation: UNIVERSIDAD SAN PABLO - CEU.

Summary: It posits the abolition of the aggravating circumstances of recidivism (Art. 22.8 Penal Code of 1995) and qualified recidivism (Art. 66.1.5Â th Criminal Code of 1995), for two main reasons:-On the one hand, the absolute incompatibility between the theoretical principle of guilt by the fact and aggravation of sentence for recidivism. B-On the other hand, demonstrated the inadequacy of the sentence to effectively combat the phenomenon of relapse into crime and resolve, in his case, the problems posed by perpetrators attributable dangerous. Instead, it is proposed to manage the treatment of relapse into crime itself more to the field of security measures, as long as the author reveals as dangerous, which is to admit -contra as currently envisaged by the legislature penal that security measures can also be imposed as an adjunct dela punishment to the perpetrators attributable dangerous.

Author: MONTANER DE IRANZO PALOMA.
Year: 2004.
University: BARCELONA [More theses of this university] [www.ub.es].
Place of defense: FACULTAD DE FARMÁCIA.

Summary: Work hypothesis: Radiopharmaceuticals are radioactive drugs. This dual nature implies its regulation by pharmaceutical and regulatory provisions on radiation protection and nuclear safety, to ensure its proper use and avoid the toxicity of radiation emitted. Objectives: Making a field study on the legislation regulating radiopharmaceuticals in Spain and their subsequent comparison with the regulatory environment in France. Revision of the current situation and approach of controversy and polemics on certain items. Conclusions. Proposed measures to improve its utilizaciónen Spain. Metodolooía: Collecting reference sources bibliográficaprimarias and secondary schools for the study of the regulations published in Europe, Spain and France. Critical analysis of the same. ResearchAffairs its aplicaciónpráctica.Discusióny results. Conclusions: Radiopharmaceuticals are recognized in both countries as Special Medicines. The accreditation is mandatory for the industrial manufacture and registration in the Register and states that are proprietary products for hospital use and dispensing prescription. The administration on the patient should be under strict medical control, preferably in a teaching hospital by an authorized person. The packing material must be comprehensive and inteligiblepor all persons involved in the circuit utilization. It requires authorization for the conduct of clinical trials with radiopharmaceuticals, as well as for radiopharmaceutical under investigation. Laboratories manufacturers and importers of radiopharmaceuticals must have dual authorization as pharmaceutical laboratories that handle radioactive substances. The Technical Director in Spain is not required to be Pharmaceutical, while in France must have Bachelor of Pharmacy, with additional training in Radiofarmacia.En Spain, preparing extemporánca of radiopharmaceuticals is in line with the concept of formula masterful. However, the regulation is not complied with, since there is no requirement for certification of Pharmaceutical specialist Radiofarmacia that should make such preparation. In France, it must be carried out by a pharmacist Diploma in Radiofarmacia and Radiobiology, and within a Pharmacie he authorized usage intérieur. Proposals: New ATC classification. New Circular on the terms of packing material. Building Units Radiofarmacia in schools that have service Nuclear Medicine, linked to the Pharmacy Service, whose staff responsible is in possession of the academic officer Pharmaceutical specialist Radiofarmacia. Review and adaptation of the "General procedures for the preparation of radiopharmaceuticals" prepared by the Group of Experts on National radiopharmaceuticals Pharmacopoeia of the Royal Spanish. Inclusion of radiopharmaceuticals in the Guide pharmacotherapeutic hospital to systemize its management, control and clinical use.

Author: VEGA PASQUÍN RAFAEL.
Year: 2004.
University: NACIONAL DE EDUCACIÓN A DISTANCIA [More theses of this university] [www.uned.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: UNED.

Summary: Focusing on the legal political philosophy of Spinoza, this thesis part of the overall philosophy of Spinoza, a subject on which examines, on the one hand, specific aspects gnoseológicos and ethical, on the other hand, the political and legal aspects of his thought. The novelty of this thesis is to propose an interpretation of the philosophy of Spinoza politico from an integrative approach: the structures of thought. It ignores, because of the dialectical iusnaturalismos-positivismos or, if you like, are incorporated in these dialectical analysis and comparison of the structures of thought. En el desarrollo de esta tesis se ha empleado un método estructural y, así, se estudia la filosofia spinozista con arreglo a una estructura de pensamiento primera, la aristotélica. The different structures of thought (from the Antigà ¼ age classical and modern theological), needed to understand the philosophy of Spinoza outlines in its own peculiarity. But, equally, those structures of thought are explained and compared in relation to the structure of Aristotelian thought, ie a structure of thought more sympathetic. One learns, then, the structures of classical thought, theological and modern in the first place. In this context is the philosophy of Spinoza and here is deepened specifically on the ethical, political yjurídicos. Finally, the interpretation of politico philosophy of Spinoza understood, therefore, within the structures of thought. And so, the thesis is divided into two parts. The first deals with biographical aspects, the historical context of Dutch philosopher, as well as the philosophy of Spinoza in the structures of thought. This is, examines the thinking of a philosopher unique in the overall context of the history of philosophy, approaching the issue from an overall perspective. In the second part, and taking the art from the study, develops the legal philosophy of Spinoza. This is the specificity of the philosophy of natural law espinosista within the political philosophy of modern natural right. And thus tematiza the ethical, political and legal thought of Spinoza. It aims, ultimately, to the discussion and relationship between all the parties and allowing expose the structure of legal thought of Spinoza.

Author: CAPOTE PEREZ LUIS JAVIER.
Year: 2004.
University: LA LAGUNA [More theses of this university] [www.ull.es].
Place of defense: FACULTAD DE DERECHO. UNIVERSIDAD DE LA LAGUNA.
Place of preparation: FACULTAD DE DERECHO. UNIVERSIDAD DE LA LAGUNA.

Summary: The work focuses on the analysis of the tourism product alojativo known as timeshare, timeshare or time-share in Spain governed by Law 42/1998 of 15 December. At the same, is a study of the most widespread practice in commercial sector in this country, the so-called club-trustee, appears from the common law, and their complex relationships raised in the field of legislation.

Author: GOMEZ MARTIN MARIA MILAGROS.
Year: 2004.
University: LA LAGUNA [More theses of this university] [www.ull.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO. UNIVERSIDAD DE LA LAGUNA.

Summary: The thesis is divided into two parts. The first delves into the history of health concert, and then studying its legal regime. In this second part worth mentioning some legal disputes that are repeated. Here, we see health as the concert has been characterized by the search for a system based on the award exceptional direct stranger to the law of contracts. A constant consideration is the tension between the community and public health care: Â what is the role it should play? Do you subsidiary? Do you supplementary?, Or maybe Do you dbe function as an alternative to the direct management?, And the answer that each time the legislature has given to this question. As for their legal status, states its contractual character. It also discussed in the second part the specific figure presents regard to the general rules established by the legislation of the government contracts. By way of example, consider the requirement of prior approval of the centers or health services, as a way of proving the technical credibility in these contracts, the contract framework, which allows the procedure for awarding negotiated concerts that derive from it, the review price, who until recently very little was done so unilaterally by the Administration or the reversal of the medical records at the end of the contract or, if not, the process asistencil provided at the center concluded.

Author: SÁNCHEZ GIL OLGA LUISA.
Year: 2004.
University: SANTIAGO DE COMPOSTELA [More theses of this university] [www.usc.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The purpose of this dissertation is the study of Privilege farmer, as a limit to the law of breeder. To consider the scope of this exception, it first discusses the content of the law to obtain, which is a specific system for the protection of plant varieties, and is also a form of sui generis protection of Industrial Property recognized by Article 27.3 of the Agreement on Aspects of Intellectual Property Rights Trade-Related -ADPIC-. The study particularly the farmer's Privilege is analyzing First, the definition of this figure, which is an authorization to farmers to reempleen their crops reproductive purposes without the consent of the owner, then the background of the same, then, the concept of beneficiary and, finally, content and the obligations of this authorization.

Author: Sánchez Lucerga José Francisco.
Year: 2004.
University: MURCIA [More theses of this university] [www.um.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: Facultad de Derecho Murcia.

Summary: This memory is aimed at the analysis of the crime of perjury, that figure has rarely been studied by our doctrine. As far as the witness is concerned, it must be emphasized distrust of the courts in their reliability, because, being a trial court inexcusable, we have fragile and dangerous. Despite this background of continuing "doubt", the reality jurisprudence in relation to the crime of perjury and sufficient attention in judicial statistics, leads me to say that this is a crime "hypothetical", or, if you prefer, "Virtual ". All this makes the "black figure" or "gray area" of crime in the case of perjury greatly exceed the average of any other crime, encrypted estimated more thoughtful, twice the reflected statistically. This study was conducted from a multidisciplinary perspective, covering both issues of substantive law and procedural, and performing a consideration metajurídica because the topic discussed is a philosophical base that blends with the concept of truth and falsity of antinomy. If the law as it is offered to us as the result of multiple layering, the Spanish legislative tradition finds its referent in the design of Roman law. In this way, and therefore the crime of perjury is concerned, for centuries has governed the approach talonial. From the first of our penal codes, perjury is regulated on a long-standing, differing primarily only with regard to their location systematic, initially within the falsehoods, in order, from the Criminal Code of 1932, in the final part of the crimes against the administration of justice. The Criminal Code of 1995 requires, in relation to previous texts, a significant simplification in the regulation of the crime in question, having consolidated in a single article old 326, 327, 328 and 329. It regulates the basic rates in Articles 458.1 (witnesses) and 459 (experts and interpreters), and the figures compounded in Article 458.2 (false testimony in criminal proceedings for the crime, if there is against the accused -primer inciso- and if recayere conviction -último inciso-). In Article 460 contains incriminating perjury and improper or partial, and the following article punishes as a criminal pattern own filing false personal items, raising which is a form of participation to the condition independent crime. Also expands the scope of the crime to punish perjury before international tribunals, as well as made to declare under letters rogatory issued by a court abroad (art. 458.3). Other new features of the new legislation are the regulation of a case for exemption from criminal responsibility in Article 462, and the removal of the mode of perjury by bribery. Finally, with regard to the penalty provided, it should be noted that there has been a marked deterioration, at least in terms of minimum sentences to be imposed, and, in some cases, with respect to the ceiling Along with the regulation of what perjury could be called common or ordinary, the Criminal Code of 1995 provides for two other special arrangements: first, in article 471 bis, introduced by the Organic Law 15/2003 of 25 November, which defines specific form of perjury before the International Criminal Court and the second in Article 502.3 which punishes false testimony before the parliamentary committees of inquiry. In the process of intellectual openness to the outside in order to the understanding of the crime of perjury, punishable under all laws distinguish between tradition anglosajona-norteamericana and continental Europe, both with their respective spheres of influence 8. The di 1ff8 stinta embodiment case of the crime of perjury in the territories of each one of these systems, so no response to the increased severity of the penalties provided in both English and American law, and the undeniable fact of the strictest and vehemence with these countries are facing the so-called, even today, and reminiscent of its religious origin, "perjury" regarding crime that attacks the very essence of the rules of its legal system and the most important source of law The Court, which is at the apex of this pyramid, taking the role of the law to amend the rules established by the courts. Finally, as far as the criminal codes Latin Americans are concerned, they took as a basis Spanish law, although there are some who drink from the sources of French and Italian law. In any case, all of them respond to the continental European system, although it is worth noting that one has been anchored in tempos legal own the past. If everything positive order must respond to a demand rational and serve the idea of justice, understood not only as a hypothetical proposition should be, in logical terms, but also as a categorical proposition in the sense kantiano-, it is necessary determine what your legal right that the crime of perjury seeks to protect and, in short, justifies the intervention of ius puniendi in order to protect certain assumptions axiológicos essential to life itself. Being located systematically the crime of perjury in the Title XX on "Crimes against the Administration of Justice", it will be the first value to be protected, including both activity court to judge and to execute judgments, as the defense the process and the activity of proof. Along with these original purpose of the rule, and to the extent that the judicial function introduced with regard to other legal assets, also deserve protection, an instrumental nature, the crime of perjury becomes characterized as pluriofensivo. Budget type is the prior existence of a judicial process. The Criminal Code of 1995 has been to simplify the objective of the crime of perjury, whenever front of the previous dichotomy between "civil" and "court case", uses the term "legal case" against "criminal" . The distinction that has significance in order when procedural behavior typical crime of perjury responds to the characteristics of the crimes of activity or mere formality; is a crime under abstract or hypothetical danger; finally, it is a special crime itself , character that derives from the need for a qualification or legitimization of active subject: to be a witness, expert or interpreter. Quality special that should exist "ex ante" in fact, and that it undertake active in that capacity. Key witness presents not a few peculiarities, especially in criminal proceedings, being analyzed in the present work. Minor problems posed by the figure of the expert. In addition, the Criminal Code of 1995, a departure from its predecessors, includes explicitly the interpreters, and there is a peaceful position on whether the translator should be considered interpreters for the purpose of this offense. The action in view of providing a false statement is the common element in all forms of criminal Articles 458 to 462, with the exception of course governed by 461. The testimony brings the typical figures under consideration may consist either in narration falsaria of the facts upon which the witness is asked, either reticence, inaccuracies or silences. Around what should be understood by false testimony, there are two theories: the objective, which places emphasis on the unjust testimony, in the final antijuridicidad because there is a contradiction between reality and statement, and the subjective, which refers the guilty to understand that the contradiction between statement and should be operated science subject. In any case, the falsehood in the testimony consisting spurious must be such that from an objective worthy of such consideration, which may lie with essential element or accidental, lacking, however, significant criminal or blatant falsehood innocuous. Article 460 criminalizes the reluctance, inaccuracies and silences of the witness, expert or interpreter without missing substantially alters the truth. This precept, and residual subsidiary of the figures in the two preceding articles, it could very well have been omitted. The falsehood in which incurs the expert to issue a report that does not comply with the objective truth, participates in the above regard to the testimony, but presents a particularity, as it is not the same expert evidence mendaz, that the expert evidence incorrect or carelessly practiced. In relation to the activity interpreter and translator, on the understanding that this is not a means of proof, but with an instrument through which they are channeled evidence in the strict sense, its implementation so artera affect the activity of proof and In short, the Administration of Justice. The kind of subjective perjury covers not only the conscious breach of the duty to tell the truth, but also the conscious and desired introduction in the process of a false figure. It is therefore an intentional offense. It should be possible fraud outside the scope of Article 459 and Article 461.1. Without malice falsario not exist this crime, but whether the subject is at odds with the truth intervening fault in the affiant, such behavior can lead to other responssabilidad if the same there has been an injury to a person, being here for the application of general rules of Torts article 1902 of the Civil Code. The accuracy of tempus commissi of perjury are very far-reaching implications, not only in procedural law. Also, in the substantive scope, decisively determine its nature the possibility of imperfect forms and terms of limitation. At ontological concept of it is inherent in the action of the same author, perjury and being an offense or special called themselves, the active part of the type, that is, a witness, expert or interpreter, because only they have the final domain on the fact and the nature subjective and objective to be special. Requirement dogmatic leading to exclude the possibility of such crimes co-author, because if there are several people who, in implementation of a plan in place, doing the type, rather than co-authorship, we should talk about co-ejecución or co-dominio the action, as each has domain over their action and not a functional domain (division of functions) on a single fact. Major issues raised by the intervention of extraneus in the course of a criminal perjury, an issue settled after amended by the Organic Law 15/2003 of 25 November, the n ° 3 of Article 65 of the Criminal Code. Special consideration deserves authorship medium term, understood not as a form of participation, but as a form of ownership, because, in general, the author performs the action mediato typical nuclear determines the fact, through another serving as a tool. In the case of the crime of perjury, I agree with the widely held view that denies such a possibility. If in the course of a trial, the witness, expert or interpreter made various manifestations contrary to the truth, Do you need to be treated as a single crime or as an expression of a plurality of infractions in the relationship itself Contest crimes?. The response must be different depending question witnesses or perit 8 os, 180b one hand, and interpreters or translators, on the other. The perjury can bring because of a prior false accusation or complaint. The thesis is that I maintain that the same should be understood in real contest, perfectly individualized, although they may be considered in competition ideal when the false accusation or complaint comes as a means necessary to acquire the status of witness and intervene in that capacity at the stage evidential. They also offer interest relations of perjury and simulation of crime. The problem is different depending on whether it's called to testify simulating, in order to benefit the defendant, that he is responsible for the crime, or for those who having simulated be a victim of a crime is called to testify at trial open against a person unjustly accused of being responsible for it. Finally, the crime of perjury can be insidious crime of fraud by a procedural, in which case, if it is used as a determinant factual background of the process, both offenses are in perfect competition, medial or instrumental. Just understand that competition can be seen when as a result of a false testimony in criminal proceedings against the defendant is held conviction that involves a deprivation of liberty. In such cases there is a competition between the ideal crime of perjury and a crime of illegal detention. Article 461.1 describes a type face with itself, unparalleled in other systems, and complex nature therefore involves two behaviors attributable to two different subjects: that of introducing the witness, expert or interpreter, and the emitted by the testimony, expertise or translation. Section 462.2 provides for a type qualified by the author (lawyer, attorney, a graduate social or representative of Public Prosecutions), being indifferent to the effects of such aggravation, that the criminal purpose has arisen directly from these professionals or have been limited to following up on its proposed represented. About the repeal operated by the Organic Law 15/2003 of 25 November, which was the original wording that legislators 1995 gave Article 461.2, which sanctioned the presentation in court of items false, I maintain the understanding that, perhaps was precipitated the original wording of this section, by not providing the legislature possible overlap with other legal principles that protect individual property to the administration of justice, if public faith or trust-trafficking legal falsehoods documentary , or heritage in general, in cases of fraud procedural and submission of false data Article 261-, it is also true that its repeal only responds to a feeling, not always rational or reasonable, in a field of doctrine that served mainly to the bankruptcy that there were problems whose solution and I have already gone desgranando, forgetting, however, that the old offense, now defunct, was its raison d'être, precisely, covering cases that would otherwise remain at from now unpunished. One of the most striking innovations introduced by the Criminal Code of 1995, in the field of crime consideration is the exception or mitigation of sentences provided for in Article 462. About maintain that their legal status is a reason for exclusion, in whole or in part, the punishability. Only operates for criminal cases, and should be verified before proceeding conclusions, and covers not only the exemption, if any, accountability, but also to make it prohibitive for them to initiate any proceedings against the person for libel or slander. Among the innovations, not always justified, which was introduced in the Special Part of the Penal Code by the Organic Law 15/2003 of 25 November, is the criminalization of certain crimes against the administration of justice in the International Criminal Court. As emphasized in the statement of reasons for the Organic Law of reference, seeks to coordinate our domestic legislation with the powers of the International Criminal Court. Thus, the new article 471 bis.1 punishes the "witness who intentionally faltare the truth before the International Criminal Court ..." It is a precept at the same time unnecessary, disruptive. As regards the crime of perjury in an appearance before a committee of inquiry, is regulated in Article 502.3 of the Penal Code. This is a precept which has been harshly criticized by the doctrine, however, I believe that the inclusion of this crime in our punitive, in the absence of more detailed regulations regarding the operation of the commissions of inquiry, it proves to be positive, mainly because recourse to ius puniendi State gives these testimonies discharges in Parliament, in principle, a gravity and seriousness that the absence could lead to purely for the sake of partisan considerations truth is obtained which interesase at every moment, and not true. That statement was I started so that, in practice, that can happen in these Committees will try bastardear its nature and purpose by those who conform to obtain meager returns policy, but this does not justify in any case that the call to testify before they saw mitigated their obligation to tell the truth.

Author: HERRERO OVIEDO MARGARITA.
Year: 2004.
University: VALLADOLID [More theses of this university] [www.uva.es].
Place of defense: FACULTAD DE FILOSOFIA Y LETRAS.
Place of preparation: FACULTAD DE DERECHO.

Summary: The inmatriculación of farms is a critical operation for the operation of the Property Registry, representing joining Fr Egistro the hardware of the property rights registration. Despite the fact that there are several ways to inmatriculación covered by the legislation mortgage, title it is the instrument that most public raises doubts as to whether its regulatory development does not always respect the rule of law. Moreover, we must take into account the importance today is the institution of Land for a correct identification chart farms, circustancia it caused to be carried out policies for coordination between the Land Registry and the policies that today find their the main point of support in the use of gracious reference land as a link between the two institutions.

Author: AMUNÁTEGUI PERELLÓ CARLOS FELIPE.
Year: 2004.
University: POMPEU FABRA [More theses of this university] [www.upf.edu].
Place of defense: DEPARTAMENTO DE DERECHO.
Place of preparation: DEPARTAMENTO DE DERECHO.

Summary: The thesis delves into the origins of the powers that the Roman paterfamilias Arcaica sat on the stage in the history of Rome in his family, especially in relation to its legitimate offspring (patria potestas) and his wife (manus). To achieve this objective, the study is divided into four chapters, the first of which was aimed at exposing theories which attempt to explain the phenomenon of Roman family and the terms used to define Latinos, deepening the evolution from an economic concept of family toward one of kinship. The second chapter is devoted to examining the patria potestas and especially the powers are more themselves, ius vital necis, ius vendendi and ius in noxae dandi. Through a case study establishes restrictions on the same legal boundaries by which imposes the civitas since the age of Tables XII what menos.El third chapter refers to the study of manus as an institution, first reviewing its relationship with marriage through forms of conventio in manum and a case study of the occurrence of marriages in the manu sine Arcaica stage, and then compare the extent of the powers granted to the patria potestas. It is concluded that its nature is less intense, and that is only a partial imitation of the potestas, an issue that is revealed in the phrase in loco filia which is used to describirla.Finalmente, the fourth chapter explores the uses of the voices manus, mancipio and potestas en la obra de Gayo, concluding that such uses relate to the conclusions reached earlier in the three chapters anteriores.En findings discusses the evolution of legal terms with the changing economic structure, political and economic Rome and the conjugation of the same points to the emergence of the rule.

Author: PALERMO ÉRCOLI OMAR ALEJANDRO.
Year: 2004.
University: POMPEU FABRA [More theses of this university] [www.upf.edu].
Place of defense: DEPARTAMENTO DE DERECHO.
Place of preparation: DEPARTAMENTO DE DERECHO.

Summary: This thesis aims to normativista a review of the merits of various models of self-defense. The dominant theory behind this cause justification on the basis of two fundamental principles, namely, the principle of individual protection and the principle of prevalecimiento law. The first one explains the individual aspects of self-defense, in the sense that the attacks on public order and community assets are not likely to be prevented or repelerse through this defense. Nor aggression inidónea creates a situation of self-defense, because it endangers no real legal property. With regard to the principle of prevalecimiento law, which is explained aspects suprandividuales of self-defense, namely the lack of proportionality of the defensive action and restrictions ético-sociales. In the first part of the thesis is carrying out a critical analysis of this and other theories of self-defense. I think he dualistic theory is not a theory but an accumulation of principles that are replaced each other without a criterion harmonizing the different views that were intended to combine. The second part makes the very conception that tries to base self-defense based on the principle of self: the aggressor is not only the harmful consequences that has resulted in the field of organizing assaulted, but in the organization itself. If this is true, self-defense is not a case of heterolesión, but of his own self-harm aggressor, as the injuries that caused the victim in self-defense normatively are charged to the field of organizing aggressor. This first conclusion derives a second: self-defense is not really a justification, but exclusion of the same type goal. In fact, self-defense is a case in which the complaint fails to target the type author on the grounds that the event is attributable to him injurious area of responsibility of the victim of the intervention. Briefly, the harmful consequences of the action are defensive objectively attributable to the aggressor. This, I believe, does more than just basing the limits of self-defense, but also its restrictions. The distribution of burdens of responsibility between aggressor and the aggressed based decline in criminality in excess in self-defense and provocation. Similarly, the problems posed by dogmatic attacks inculpables, threats constitute extortion, assault between spouses, and the distinction between self-defense and performance of the authority, it is possible to properly resolve this perspective. .

Author: YÉLAMOS BAYARRI ESTELA.
Year: 2004.
University: POMPEU FABRA [More theses of this university] [www.upf.edu].
Place of defense: DEPARTAMENTO DE DERECHO.
Place of preparation: UNIVERSIDAD POMPEU FABRA.

Summary: The problem that raises the doctoral thesis is as follows: for some reason, the communication court fail to reach the recipient in a timely manner and it comes after a more or less long purgatory in the ordinary trial, the Constitutional Court. Before the Judiciary, has pursued a cure without limits and CT, on the other hand, imposes a doctrine unpredictable and little robust foundation analyzed three main issues: the way in matters of doctrinal path nullity and user complaints and the answer that the Constitutional Court has given assumptions as described and, finally, the solutions alternativas.I. On the former, the inspiration substantive theories about the classic nullity must be definitively overcome. Today the doctrine procedure has been agreed that the basis of invalidity is in the constitutional guarantees and this is a technical procedural challenge. Consequently, we analyze what are the ways through which the affected can attack communication irregular, especially the incident of nullity actions, remembering what has been legislative developments in this field. The last of the channels is precisely the appeal of amparo.II. The response that the Constitutional Court has given assumptions communications failures is the doctrine of helplessness material. According to the CT, a rules infraction not attentive to the constitution if there are any of the three causes of helplessness exclusive material, the job is responsible for analyzing and criticizing profusely. The result is a reorganization of the cases, extremely practical. The analysis of the cases shows that this constitutional doctrine is to say the least unfortunate. Therefore, the interpretation that makes the TC concept of powerlessness can not be the basis of the construction dogmatic about nulidades.III. The solution to the problem is through involving all individuals and public authorities on the effectiveness of communications. It analyzes what's share of responsibility for each of them: legislator, parties, courts, the Constitutional Court, to reach the European Court of Human Rights. The trial, for our part, we must establish a unified theory in the field of nullifications, a matter which is located doctrine long. The thesis concludes with a possible scheme novel about invalidity of communications, which is even compatible with the existing system. In any case, the new building must theoretical basis of the necessary respect for the rules of the process, which are provided for procedural laws, and if the system works consistently confined to realize the Constitution.

Author: LOPEZ-ALMANSA BEAUS ELENA.
Year: 2004.
University: VALENCIA [More theses of this university] [www.uv.es].
Place of defense: Facultad de Derecho.
Place of preparation: FACULTAD DE DERECHO.

Summary: WORK IS AN ATTEMPT OF REFLECTION ON THE CRITICAL ISSUES MOST RECENT AND CONTROVERTIDOS OF INTERNATIONAL ACTION IN THE FIGHT AGAINST HUNGER AND THE ROLE THAT THE FOOD AID TO DEVELOPMENT OF THE EU DESEMPEÑA IN THE FIELD INTERNATIONAL LEGAL. IS THE THESIS FOCUSES ON FOOD AID TO DEVELOPMENT WHY IS ONE OF THE MOST IMPORTANT AND LESS CONSIDERED AT DOCTRINAL. THE STUDY IS STRUCTURED IN THREE PARTS. FIRST DEAL AS HUNGER PROBLEM THAT CALLS FOR THE PROVISION OF FOOD AID TO DEVELOPMENT. THE SECOND PART IS WHO INTERNATIONAL REGIME TO GENERAL OF THIS KIND OF HELP. ITS PURPOSE IS CLARIFICAR THE CONCEPT AND CLASS OF FOOD AID DISTINGUIENDO FOOD AID TO DEVELOPMENT OF HUMANITARIAN FOOD AID OF PROJECTION MORE LIMITED IN TIME. THE THIRD PART DISCUSSES ROLE DONE TO FOOD AID TO DEVELOPMENT IN THE EUROPEAN UNION. THE COMMUNITY ORGANIZATION AND LEGISLATION, THE EVOLUTION OF COMMUNITY TO ITS CURRENT SYSTEM CONFIGURATION AND BY THE LATEST ANALYSIS OF THE ESTABLISHED PRACTICE IN THIS FIELD FOR SOMETERLA TO A CRITICAL ANALYSIS ON ITS EFFECTIVENESS.

Author: PRONER CAROLINE.
Year: 2004.
University: PABLO DE OLAVIDE [More theses of this university] [www.upo.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The IP version industrial -patentes of invención- wins enhancement as a subject of international trade from the latest rounds of negotiation within the World Trade Organization. In a multilateral effort to standardize rules and procedures, Estados-Miembros take the same legislative guidance with the aim to ensure mayhor protection of intellectual property in the most diverse areas of knowledge, including patent rights of the so-called "knowledge of life" ( as biodiversity). The regulation of intellectual property found links with the formation of the ownership of property, having its origins in the same direction theoretical and ideological. Investigate the basics original status, as well as their changes over history, it is essential to understand the possible reasons why the major powers, acting upon the interests of large corporations transacionales, advocate greater protection exhaustively the intellectual property rights. Apart from industrial patents constitute immediate interests of big conglomerates - which relate to the causes of economic dependency and underdevelopment that affect four-fifths of the world's population, as they represent the ability (or inability) technology and investment research and development (R & D) of each economy. To react to this state of affairs, it becomes necessary to claim a legitimate right to development as a guarantor not only of the utonomía economically, but also essentially conditions sufficient guarantor of human dignity starting within innumerable factors of the distribution the benefits and results of knowledge protected meaning a guarantee for human rights.

Author: ORTIZ MALLOL JOSÉ.
Year: 2004.
University: PABLO DE OLAVIDE [More theses of this university] [www.upo.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: This thesis aims to study the rules of Public Law governing autonomy in the management of non-university schools in Andalusia, excluding purely academic activity. It was intended to address, from the prism of law Administrativo- a multifaceted reality that even requires an initial positioning on its own concept-and in the cso of public schools on their position in relation to the theory of the administrative body. This thesis is concerned with the study of different subjective elements uqe affecting the activity developed by the school and, in particular, the system of coexistence and government bodies. It analyzes the ownership of school, either public or private, with the consequences in order due to the construction and maintenance of it. The ownership of different subtype of this legal reality: in the case of public schools, is considered the same as a management unit that are interested in various subject areas such as administrative regulation of the procurement of goods and services, asset management, delivery activities and complementary services, budget management and accounting, as well as the liability arising from the administrative activity. In short, the thesis analyzes the existing rules in each of these areas with a critical concern, and propose solutions to practical problems that arise block existing rules.

Author: JIMENEZ BARTLETT LELIA MARIA.
Year: 2004.
University: CARLOS III DE MADRID [More theses of this university] [www.uc3m.es].
Place of defense: FACULTAD DE CIENCIAS SOCIALES Y JURIDICAS.
Place of preparation: UNIVERSIDAD CARLOS III DE MADRID.

Summary: The purpose of this work is to study the state of Mexico as a multicultural state from its indigenous peoples, with references to international and global. There numerosísima literature on indigenous peoples, there is abundant work and analysis on the subject. However, we believe that it is not meaningful to the actual progress has been made, that is, indigenous peoples are still at a great disadvantage in terms of oppression. Do you then that is the lack? We believe that, among other things, the study of this issue, we need a change of approach that considers the problem of how structural, comprehensive, relational, and interdisciplinary in order to gain a more complete and less part of the problem. That is what we are trying to do here. The thesis is on: "Multiculturalism and indigenous rights in Mexico" and seeks to know the current status of recognition, both legally and politically, of indigenous peoples in the State of Mexico, also tries to contrast with the situation that exists with the claims made by those peoples, as well as with the ideas posited by some theorists of multiculturalism, all through the use of an interdisciplinary methodology. This work is organized into two parts: a theoretical and more generally, in which we raised and we look holistically concepts, events, trends policies, doctrine and the debate about the rights, and a second part in the we work history, doctrinal trends, regulations, government policies and indigenous demands and specifically on the Mexican State. A vision closer to what pose two of the indigenous peoples of Mexico, one north and one south of the country. I hope that all this information will be reflected in the argument and result in a work that accurately analyze some of the indigenous Mexican reality, which I hope to conclude successfully this year.

Author: PARDO LÓPEZ MARÍA MAGNOLIA.
Year: 2004.
University: MURCIA [More theses of this university] [www.um.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO - UNIVERSIDAD DE MURCIA.

Summary: The paper submitted to obtain the degree of doctor seeks re History of the Administration of Justice, by reviewing the historical development of the concepts and institutions in the role of judge. Two clichés are subject to revision and nuance: the opposition, legally speaking, between the mainland world, on the one hand, and input from the French Revolution to the administration of justice, institutional and functionally speaking on the other. Surprise find a substrate shared by continental Europe and the Anglo-Saxon world, not only political but also legal, but from the thirteenth century institutions begin to distance themselves. Under the differences in method and manner, behind a common essence: the medieval principle of autonomy of the Judiciary: the importance of fairness, courage and duty of the judge first, the role of administering justice, the value of judicial ethics ; regulated the use of equity .. It also surprised to discover that the French contribution, being undeniable, it is not as revolutionary. The technical legacy of the Old Regime is denser what usually exposed: jurisprudence, motivation agreements, appeal, disqualification, appeal .. many of these institutes appear fully profiled in the eighteenth century, others offer nothing despicable background. Above all contributions of France to the administration of justice deserves special mention European Magistrates professional incorrectly named Napoleon, because we would be faced with a monarchical institution bajomedieval home. The position currently assigned to judges in the entire state and characterization of the role of judge after the Revolution are clear explanation in the exorbitant powers and the policy of these powerful companies judicial French Parliamentarians. The study of this institution, in its peculiar idiosyncrasies, we find the value of independence trait linked to the French Judiciary from the Modern Age.

Author: ROMERO RODRIGUEZ MANUELA.
Year: 2004.
University: PABLO DE OLAVIDE [More theses of this university] [www.upo.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: DEPARTAMENTO DE DERECHO PUBLICO.

Summary: The aim of the thesis mentioned above, as its title indicates is violence on minors, specifically physical abuse exerted in the private area family. This field work has been carried out in Andalusia, specifically in Seville. The social problems studied here has been addressed from an interdisciplinary perspective. For an issue of such breadth and complexity, it can not be tackled differently if it is to understand why these events occur so abusive, and offer appropriate solutions and successful. To do so this applicant has served in various disciplines have been psychology, the history of ideas, sociology of law, sociology of the family, and legal sciences, which comes this field researcher. In this line, first has analyzed the cultural matrix that promotes behavior of child abuse, which has taken the analysis of the patriarchal system in the light of feminist thinking. Secondly has been tried yet know what survives of this patriarchal culture within the family Andalusian current, third attempt has been made to raise awareness of what is the legal and social treatment and is providing this problem and finally, it has been the need to educate proposed in Human Rights as a measure to prevent the behaviors of mistreatment.

Author: TORRES KUMBRIAN RUBEN DARIO.
Year: 2004.
University: CASTILLA-LA MANCHA [More theses of this university] [www.uclm.es].
Place of defense: FACULTAD DE DERECHO DE ALBACETE.
Place of preparation: FACULTAD DE CIENCIAS JURIDICAS Y SOCIALES DE TOLEDO.

Summary: ECONOMIC AND SOCIAL COHESION OSTENTA IN THE COMMUNITY ACQUIS ORIGINAL ONE PLACE OF PRIVILEGE EQUIPARABLE THE SINGLE MARKET AND THE EURO. FELT IN THIS, CAN ADELANTAR THAT AN EXTENSIVE NOTHING INTERPRETATION OF THE PRINCIPLES OF THE EC AND THE TITLE TO PRESENT AN EXTENSIVE NOTHING INTERPRETATION OF THE PRINCIPLES OF THE EC AND THE TREATY OF CURRENT Title XVII, WE ALL THAT TAKES A CONCLUIR SECTORAL POLICIES THE COMINIDAD AND DOMESTIC POLICIES DESPLEGADAS BY MEMBER STATES TO CONTRIBUTE TO THE OBJECTIVE OF THE COHESIN. GOOD GRADE MATERIAL TRANSLATION OF TITLE XVII THROUGH THE PRC, LOW TO UNVEIL THE CONCEPT OF COHESION SUBYACE A PHILOSOPHY CIVILIZADORA CLEARLY IDENTIFIED WITH THE EUROPEAN SOCIAL MODEL EMERGED AFTER POSGUERRA, AND THEREFORE AN DIMENSIN POLITICAL AND IDEOLOGICA THAT DIFFERENCE, UNTIL THE TIME, TO THE EUROPEAN UNION OF OTHER INTEGRATION PROCESSES CONSAGRADOS EXCLUSIVAMENGTE THE FREE MARKET, HOW IS THE CASE OF THE FUTURE OR NAFTA FTAA .. THE PROCESS OF EXPANSION MEANS THAT THE GOAL OF COHESION IS INCUESTIONABLE BOTH IN ITS RULES AS BUDGET slopes, THEREFORE, THERE IS THE MAIN TOOL PRC AND THE REST OF THE POLITCAS SECTOR OF THE COMMUNITY SEGUIRAN BEING AN IMPERATIVE RELATING TO IMPEDIRA THAT CITADO PROCESS NOT CONVIERTA ENUNA FORCE COLONIZACION ECONOMIC. NEW PARTNERS SWITCHING TO BECOME NET OF RECEIVING FUNDS COMINITARIOS OF THE PRC (COHESION FUNDS AND FUNDS EXTRUCTURALES). FURTHER STATEMENTS MIEMBROS-Y FUTURE. MEDIAS LOWER INCOME WITH VERY TO EU 15, MEANT TO BUILD THE CHALLENGE OF COHESION IN THE CENTRAL AND EASTERN EUROPE. THE GOAL IMPLIES MISCELLANEOUS RESOLVE DISPUTES AND INTERRROGANTES: THE QUESTION TO STATISTICAL turns IN PROSPERAS TO REGIONS CURRENT OBJECTIVE 1 OF THE EU-15; STATES IN THE EU-15 ARE NOT DISPUESTOS TO ENHANCE THEIR CONTRIBUTIONS TO BUDGET COMINITARIO, AND THAT APPEARS NOT ENSURE THE CONSOLIDATION OF COHESION IN THE EU-15 AND CONSTRUIRLA IN NEW MEMBER STATES OF THE EU-25 OR 27; DISCUSSION OF COHESION IS THIS REDUCIENDO TO A MEZQUINO APPROACH FINANCIAL DESVINCULADO OF ITS SIZE FILOSOFICA, LEGAL, SOCIOLOGICA And POLITOLOGICA . RESEARCH PROVIDED AN EXPLANATION MULTIDIMENSIONAL E INTERDISCIPLINARIA OF COHESION AND OFFERS A VISION FORECAST ON THE FUTURE OF THE SAME.

Author: ECHEVERRÍA ECHEVERRÍA GASPAR.
Year: 2004.
University: GRANADA [More theses of this university] [www.ugr.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: HE MAKES AN EXAMINATION OF SPECIFIC EACH OF THE BENEFITS

Author: SANZ DOMÍNGUEZ CARLOS.
Year: 2004.
University: SEVILLA [More theses of this university] [www.us.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: Based on the constitutional recognition of free enterprise, with its guarantees and limits, explores its application to tourism businesses, particularly in the business of brokering tourism due to its strategic position in the tourism sector in terms serves as a link connecting the supply and demand affecting especially in the valuation of the overall tourism. The unique administrative intervention that falls on these private companies essentially justified by the protection of recreational users and tourism as a whole. It examines the status of tourist business as a set of rights and obligations imposed on companies that enjoy the status of tourism and looks instrumetno policy suitable for its effective implementation to tourism businesses. Finally is a journey through the legal regime of brokering tourism in Spain, drawing a picture of Comparative Law, he examines the division of powers between the different Public Administrations and finally the specific arrangements of the legal and brokerage tourism within the Statute tourist company, considering intervention instruments Frequently: título-licencia, registration mandatory, limiting access to management, the imposition of certain legal forms, the imposition of economic obligations, the pool of monopoly certain mediation efforts and subject to the legal status and name of a travel agency or central reservations, respectively.