LEGAL SCIENCE AND LAW, 2

Author: HURTADO GONZÁLEZ LUIS.
Year: 2004.
University: SEVILLA.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: Following the delineation of the legal concept of the artist at public events and profiles of their employment contract, the argument goes into the study of special legal regime that it is applicable, including those pertaining to intellectual property rights resulting from the action artistic.

Author: GARCÍA JIMÉNEZ MANUEL.
Year: 2004.
University: JAÉN.
Place of defense: FACULTAD DE CIENCIAS SOCIALES Y JURÍDICAS.
Place of preparation: UNIVERSIDAD DE JAÉN.

Summary: ANALYSIS IN THIS STUDY IS THE FIGURE NOVEDOSA OF AGREEMENTS GROUP COMPANY FROM THE PERSPECTIVE OF THE SOURCES OF LABOR LAW, ANALIZANDO ITS NATURE AND THEIR DIFFERENCES WITH CONVENTIONS AND PROLEMÁTICA OF GROUP ITS INTRODUCTION TO THE SIESTEMA SOURCES. IT IS FURTHER DISCUSS THE PRACTICAL PROBLEMS THAT CREATES THE FIGURE FOR LACK OF A PROPER LEGAL SYSTEM, PROVIDING SOLUTIONS TO FACILITATE THE MOST LIKELY TO AND FREQUENT PRONUNCIAMIENTOS JURISPRUDENCIALES WHO ARE SUPLIENDO THE STATUS OF ANOMIA.

Author: HERNÁNDEZ CABALLERO MARÍA JOSÉ.
Year: 2004.
University: JAÉN.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: Since the 1978 adoption of the Spanish Constitution, two major lines of development have marked the political and legal sphere of the life of society: on the one hand, and ensuring the exercise of fundamental rights and civil liberties expressly recognized in the Title 1 and another, integration into the European Community already has implicitly referred to in Article 93 of the Constitution. In this new area of Europeanness and fundamental rights and freedoms, is designed as gravure in the status of foreigners, who according to Article 13.1 of the Constitution "in Spain enjoy civil liberties guaranteed by the present title in the terms established Tratadosy Act ", while according to article 27 of the Civil Code," gozanen Spain the same rights as Spaniards, except as provided for in special laws and the relevant international treaties. " From here, it should be noted that regulation of the rights of foreigners in Spain is now conditioned by the rights and freedoms proclaimed in Title I of the Constitution, according to which interpretation of Article 10.2 should be done in accordance with the Declaration of Human Rights and international agreements ratified by Spain, for the commitments arising from the integration of Spain into the Community. Both aspects, which give a dimension renewing the status of the foreigner in our country, and that will require a new approach in its study. Necessity and new approach, as medullary object of this work focuses on, barely treaty area of civil rights. In this regard, the influence of general international law and treaty, and especially of the Constitution of 1978, highlighting the gradual disappearance of all these limitations historically imposed abroad solely by serIo and consecration, in the end, what that has been a constant position of "benevolence" of the Spanish State with respect to the legal status of the alien on its territory. That is why, so that by today, not sorprendela option legislative policy of our State, certainly extremely favorable to the recognition, in terms of equality with national civil rights of foreigners, giving them not only the rights contained in the Civil Code, but also throughout the civil law, interpreted broadly and without against it fit. Moreover, exceptions other than those specifically listed in the special laws and the relevant international treaties, as set forth in Article 27 of the Civil Text. The virtuaIidad However, the matching principle enshrined in Article 27 of Códigocivil verifies primarily on those basic civil rights that are inherent to human dignity. About the same Spanish law does not admitediscriminaciónalguna, because dela nationality. That is, if we consider that the rights granted to losextranjerospor the arto 13.1 of the Constitution are genuine constitutional rights, and therefore its regulation will be mediated by the provisions of the Constitution itself, which, as stated in our judgment CT 107/1984 of 23 November, brooks no distinction between a national and a foreigner cuandosetrata an inherent right to human dignity. These rights belong to human beings by merohechode be individual, and their ownership is independent of membership or otherwise of individuoa a determinadacomunidad homogeneous. Civil rights, however, are not exhausted in that are essential to every human being. There are others who are not, and that may be subject to conditions or limitations, thus allowing us to distinguish, as a matter of principle, between two broad categories: civil rights under the criteria of reciprocity and those whose exercise is subject to obtaining the prior administrative authorization. However, it is not attributable to the specific law which puts today, the principle of equalization of status enshrined in the Standard Civilian but dicotomí 8 to exist 988 nt entregocey exercise of civil rights to impact of regulation. Indeed, the effective exercise of civil rights, capable of enjoyment by foreigners in terms of matching the national goes, in accordance with article 9.1 cc, the law designated by the Spanish system of private international law, this is the subject of national law. This lack of symmetry in terms of regulatory source of enjoyment and the exercise is the one that does that, as of today, already-eliminated almost entirely constraints during afios cut our order by the exercise of certain aliens civil rights may arise discriminatory situations. This occurs because the Spanish system of private international law hosting solutions that do not take into account the result of the application of a foreign law or the material content of this law, so that its implementation can lead to discriminatory results (not just negative but positive), no dear, in principle, for our standard calendar. It will be precisely this fact that will lead us to propose as a final conclusion to the study, a revision of Article 27 of the Civil Text, which include implementation "in any case" the leyespañolacuando domestic law from abroad will not recognize this capacity for exercising certain civil law recognized the espafioles or regulate the exercise of a discriminatory manner than is provided, as a "common" for them. And, therefore, to avoid, as far as possible, all these discriminatory situations, in the area of civil rights, which could lead our current system of private international law.

Author: SALVADOR CRESPO MARIA TERESA.
Year: 2004.
University: JAÉN.
Place of defense: FACULTAD DE CIENCIAS SOCIALES Y JURÍDICAS.
Place of preparation: UNIVERSIDAD DE GRANADA.

Summary: COMPARATIVE STUDY OF REGIME IN THE PROVINCIAL AUTONOMOUS REGIONS PLURIPROVINCIALES OF COMMON UNDER THE CONSITITUCIÓN THE LRBRL THE CEAL AND CONSTITUTIONAL JURISPRUDENCE

Author: SÁNCHEZ ANDÚJAR SONIA.
Year: 2004.
University: JAÉN.
Place of defense: FACULTAD DE CIENCIAS SOCIALES Y JURÍDICAS.
Place of preparation: UNIVERSIDAD DE SEVILLA.

Summary: For the development of this research work, we have the following objectives: 1. Get a proper definition of family firm to conduct a investigadón thumb. Dichadefinidón would utilizadapara classify firms under consideration in familiaresy not familiares.Además we propusimosconocer algunasde the característicasde these companies, which make them diferentesal rest. 2. Delimitarcuales are determinants of the financial structure of the company. 3. Obtenerevidenciaempíricadel comportamientofinancierode the pymesfamiliares devote a chapter to the study of family business: its concept, nature and comportamientofinanciero.Lasideasmás importantesextraídasde this capítuloson:-In almost all countries for which information is available, family businesses account for more than 60% of total companies, with the consequences that stem from that as far as employment generation and wealth creation is concerned. Although the family business has a presence, prindpalmente among small businesses dimension, there are important family businesses within large companies. - After a literature review, we found that there was a wide range of definitions of family business. There are one-dimensional definitions or using a single criterion to narrow the concept and multidimensionalesque, contrary to the previous utilizanmás a criterion or dimension. After analyzing and considering the various proposals tome decided that for the purposes of this research work, a family business is one in which the capital is mostly owned by people belonging to one family, these same people make real target and effective enterprise, or to put it another way, holding a number of positions of responsibility sufidentes as to control and manage the company and have more than one generation involved in the business, or there is a determination of current directivosy owners family continuity for the company. This willingness was expressed by a clear interest that the members of the next generation are prepared to assume management of the business, as a voluntary acceptance by those in such a future state. - One of the most important features of the family business is the overlap that exists between the family and the company, reaching this condition their operation. - Almost all the authors agree to expose that family businesses are more long-term oriented than non-relatives. Some believe that the management of family businesses is less professionalized. There is unanimity among the authors state that the finances of a family business are interconnected with the family owns. While this seems to be common to all companies in their origins. - Finally, some ideas are drawn from the study of variable character financiero.Así, several authors believe that companies familiarestienen a level of endeudamientomás under which non familiaresy that, in addition, are more conservadorasy reject, in general, the entry into the capitalde miembrosno belonging to the family owns, although ellofrenen the crecimientoempresarial. Dedicamosel following capítuloa realizarun overview of the theory of the structure financierade company, in order to find a theoretical basis on which apoyamosen anddevelopment our estudioempírico. First are some of the factors that -frente to the idea that we movemosen mercadosperfectos, defendidainicialmentepor Modigliani and Miller-van to make the structure capitalque owning a business is importantepara the valoraciónde the misma.Estosfactores are. Existenciade taxes. Costesde agenda. Costesde bankruptcy. Asimetriasde information. Later, we boarded two of the financial theories that the majority of perpetrators being used to analyze the behavior of financial companies. . The first, financial equilibrium theory is based on the comparison of tax savings resulting debt, as a result of the existence 8 of impue 1ff8 stos compared to the probability of bankruptcy. . The second theory of a hierarchy of preferences, is derived from the information asymmetries. The study of the structure financierade the company supported or not these theories, realizadopor diferentesautores, has been performed mediantela use of a number of factors previsiblementepOdríanestar Related compositionof the capital structure. In this chapter, have analizadoaquellos factors most frequently aparecenen the literaturarelacionadoscon the estructurafinancierade the company. Acontinuación, perform an empirical study. To obtain the sample has been used database SABI It offered us financial information in the province of Jaen, for the years 1999 and 2000 on approximately 1300 companies. And a directory of family and non-family businesses in the province of Jaen, developed within the Department of Administrative Enterprises, Contabilidady Sociologíade University of Jaen companies our sample obtained from the Directory, were crossed with those of the base SABI data, resulting in a set of 432 companies, of which 81, 81% Yel 18.18% were found to be relatives and non-relatives, respectively. We proceeded to filtering the data in several ways, being our final sample comprised of a total of 378 companies -308 of them are familiaresy 70 are non-families. There are assumptions that we intend contrast, under the theory of static equilibrium, under the theory equilibriofinanciero and under the family nature of the companies In order to achieve the contrast of these assumptions have been identified some variables, which are customarily is utilizanen literature. On the one hand, it has realizadoun test Mann-Withneypara measure diferenciade medianasy test averages, and has not been apredado diferenciasignificativaentre companies familiaresy not relatives, ningunade variables. Moreover, it has been estimated a regression model through ordinary least squares to make the recruitment of each of the two theories outlined and the results obtained are as follows: The expected negative relationship between debt and tax shields, it confirmed; like the expected negative relationship between debt and growth opportunities. However, the expected positive relationship between profitability and debt appears opposite. If we bear in mind that companies are not indifferent to the risk, it is logical to expect that prefer funded from the resources that will generate because of their greater profitability, rather than increase their level of indebtedness, thereby increasing the risk that this implies. In turn, we appreciate that are verified relations expected under the theory of a hierarchy of preferences. Thus, the operating cash flow in a negative way relates to debt, the need for money makes a positive and age business maintains a negative relationship with that debt. Finally, the relationship between debt and character familiarde the company is not significativaen ningunade theories studied. The conclusions drawn after the realizadón of our analysis are as follows: First, the results support, in general, principiosdefendidos by the theory of a hierarchy of preferences. Thus, as we have more funds generated internally, have less need to go to finance through debt. In addition, a high need for funds caused by the existence of investment opportunities and few internal funds to cover them, causing greater recourse to borrowing. And finally, according to the findings on age, evidenda empirical obtained indicates that companies, which initially had no access to outside sources of funding, will save as you go spending time and covering their needs finandación these savings. Therefore, the longer have ordered companies to accumulate funds, the lower their need to resort to borrowing. In order to verify robustness of the results have been analyzed, as separate businesses which have not variadosu capitalsodal the year 1999 to 2000. It has been podidocomprobarque continue maintaintravel principiosdefendidospor this theory. Similarly, if only analizamoslas companies that do have variadosu capital between these two years, the fulfillment of the theory of hierarchy preferenciasya not maintained. This behavior could be explained because the companies do not only come to realize ampliacionesde capital when they completely covered the financing gap through debt, but when the nivelde debt they hold is suficientementeelevado, comopara not pOderaumentarlosin incurriren excesivoscostesde bankruptcy. Secondly, by focusing on the theory equilibrioestático, it is noticeable in the intimate between indebtedness of the year analyzed and correspondienteal years anterior.Este hechoda lugara a velocidadde adjustment haciael level endeudamientoobjetivo very reducida.Esto us indicala existenciade costs adjustment muyelevados, preventing businesses from moving trying to alcanzarsu nivelde endeudamientoóptimo.Porotra hand, únicashipótesisque have sidoclaramente accepted are those concerning the shields fiscalesy to oportunidadesde crecimientomanteniendoambos a relaciónnegativacon the endeudamiento-o Thirdly, it is appreciated the character familiarde companies do not affect their financial behavior. Clearly, family businesses have a idiosincrasiadistinta to non-family businesses, as evidenced by its culture and funcionamientogeneral. However, considering the results obtained in this study, not podemosdedr this hechose pongade manifiestoen its comportamien financiero.Porun hand, the test comparadónrealizadossobre the variablesfinancieras of companies familiaresy not relatives, do not appear diferendas significativas.Por other hand, none the two models on comportamientofinancieroanalizados, endeudamientode businesses are affected, the results of estimation, by carácterfamiliarque own businesses. We believe that the size and age factors take precedence over the character familiarde them. That is, companies in the sample have an age and a relatively small size, which are decisive in its comportamientofinanciero. According to the literature financieraescrita thereon, companies creaciónmás or less recientey therefore an even smaller size, have a very particular idiosyncrasies due mainly to the opacity briefing, which marks its comportamientofinanciero. These companies do not have a historialque the endorsement, do excesivopatrimoniopara ofrecercomogarantías colateralesy, ultimately, is encuentrancon serious problemaspara enter the market in search of financiación.Así, seek the necessary funds for its desarrolloen sources close, familiaresy friends, mostly. This characteristic is common to family businesses and non-relatives. As discussed in chapter IlI, family businesses, in its first phase ( "start of negocioj, is aimed at the survival of society, and during the second (" growth and desarrolloj is when you begin to engage the family, but none has yet produced a new generation -momento key businesses families. For the average age of the sample corporations, deduce that most of them are in these two stages and, perhaps because This is why the family nature of the same does not seem to have a significativasobre their financial behavior.

Author: Pallarès Serrano Anna.
Year: 2005.
University: AUTÓNOMA DE BARCELONA.
Place of defense: Facultad de Derecho.
Place of preparation: Facultad de Derecho.

Summary: La tesis tiene por objeto el estudio de los instrumentos legales existentes con relación a la coordinación de los diferentes planes administrativos que tienen entre sus objetivos principales la ordenación directa del medio físico para protegerlo, defenderlo y restaurarlo. An analysis of the existing regulations llagamos to the conclusion that the coordination mechanism established in Article 25 of the Royal Legislative Decree No. 1 / 2001 of 20 July, approving the amended text of the Water Act, becomes insufficient, not only in relation the physical protection of public water resources, so as not to alter their properties and natural features, but also in relation to flood areas and perimeters of protection. In the case of public water resources, the report required to be cast Hydrographic Confederation concerned, as is designed for in Article 25, does not guarantee protection from land use to determine plans for land management and urban planning. In the case of flood areas and perimeters of protection, moreover, its scope is not seen as cause to be generated by the issuance of the report noted prescriptive. After analyzing this deficiency is passed to defend a greater role conditioner and coordinator of planning hydrological basin on the other environmental plans that will directly ordered the physical environment.

Author: HENRIQUEZ VIÑAS MIRIAM.
Year: 2005.
University: SANTIAGO DE COMPOSTELA.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO - UNIVERSIDAD DE SANTIAGO DE COMPOSTELA.

Summary: The study of constitutional control as a necessary function of the democratic state of law that ensures the sanctity of the constitution and ensures compliance with its international commitments. The inconvenience and irrelevance of repressive control and justification control prior constitutionality of treaties. Comprehensive analysis of the jurisprudence of the Constitutional Court Chilean.

Author: RABANETE MARTÍNEZ ISABEL.
Year: 2005.
University: VALENCIA.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: This research focuses on the analysis of the interposition of person, and the attempt to establish patterns that allow us to distinguish between legal transactions in which brokers used for a particular purpose. The intrusion of a third party in the contractual relations of another may take a different legal form, should be to impose a division of the people brought into two broad categories; people brought real and fictitious people interposed. In the present investigation deals with the study of these two categories, analyzing the legal concepts in which one can realize the interposition of person: simulation, contract and trust indirect representation. It explores the nature and effects of configuration interposition fictitious as particularly kind of simulation on about the identity of one of the subjects contracting, in which an intermediary in the legal act by a simple appearance, in order to conceal the identity of contracting. It is also conducting a review of the actual intervention, which can occur both in the contract as trust in the indirect representation, establishing the differences between the two situations, and for the filing fictitious. Along the investigation is conducted a detailed analysis of the case law in order to address the problems from bringing their implementation poses, with the main aim to solve them.

Author: CERDÁ GIMENO JOSÉ.
Year: 2005.
University: VALENCIA.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: A summary of the lines followed in the investigation of the thesis justify why the same, and expressed its unfolding appears in the introduction. The expository of the research offers these features:-An introductory chapter, which deals with the investigation itself (ie the way: why the item, your name, the procedure used, the language, purpose and profiles of the same, static and dynamic dimensions of the item) - A first chapter, which deals with the facts arising from the legal experience and focused on the alleged dispute resolved by the T. S.. - A second chapter, dedicated to the field of regulatory C. C. That holds the ban and the use of different canons of interpretation. - A third chapter, on the justification or otherwise of the rules prohibitive CC, dogmatic valuations of eulogies for or against the revision of the topic, suggesting a possible lege ferenda. One-fourth chapter on the outcome of the implementation of a regulation prohibiting the practice. Some final conclusions, accompanied by tables on the judgments of TS Analyzed in the Tesi

Author: VELAZCO MUGARRA MIRIAM PETRONILA.
Year: 2005.
University: VALENCIA.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: THE GOAL OF THE INVESTIGATION OF THE THESIS DOCTORAL ENTITLED "KEEPS THE CARE OF CHILDREN AND SUBJECT TO THE HOMELAND POTESTAD" IS GROUNDS TO FIND POSSIBLE SOLUTIONS FOR SPECIFIC PROBLEMS THAT SUCEDEN AFTER THE CRISIS OF THE COUPLE OF PROGENITORES OF INTEREST IN THE FIELD OF RELATIONSHIPS FAMILY. THE SETUP THESIS THROUGH AN ANALYSIS OF RIGOROUS AND KEEPS THE CARE OF MINORS UNDER THE HOMELAND POTESTAD, ITS NATURE, SCOPE AND OPERATING RULES, ITS RELATED DISTINCTION WITH FIGURES AND THE WAYS AND CRITERIA FOR DETERMINATION OF THE CARE AND KEEPS MINOR CHILDREN AND THE WAY THAT PROGENITORES MAY BE SENT TO THEM. WORK IS A PART DOGMÁTICA AND ALSO IN PRACTICE OF EXÉGESIS AND COMMENTS TO THE CASE LAW TO BE UNDERTAKEN BY THE ANALYTICAL METHODS, DESCRIPTIVE, EXEGÉTICO HISTORICAL COMPARISON BETWEEN LAW AND CUBAN AND THE LAW ON THE SPANISH THEME. IN THE ESSENCE, THE SOURCES ARE VIEWED WORKS OF JURISTS CUBANOS RECOGNIZED AND SPANISH, IS ALSO THE LAW AND ANALYSIS JURISPRUDENCE ATINENTES. COMMENTS, CRITICAL AND CONCLUSIONS OF THE THESIS REFERRED TO LAW CUBAN. WITH THE EXHIBITION AND RAZONADA OF SYSTEMATIC ITEM SCOPE OF INQUIRY PROPOSED NEW PERSPECTIVES OF SCIENCE AND SOLUTIONS COHERENTES TO CHALLENGES WHICH CONTRIBUTES TO THE DOCTRINE OF LEGAL ENRICHMENT ON RELATIONS PATERNO-FILIALES.

Author: GUTES PASCUAL MARIA ROSA.
Year: 2005.
University: AUTÓNOMA DE BARCELONA.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: This is a study of a sector of the distribution of risk in maritime law, the costs and damages caused intentionally for the safety of maritime expedition. It systematizes the subject and describes the general average, after examining its elements and sources which govern it, as legal business, taking into account the way in which the division operates. This is the result of: 1-frame the foundation of the institution; 2-justify the allocation of expenses for the continued safe journey and 3-curb abuses by the game of the case in his characteristic function, but also justifying the allocation of assets. It was also explained by the legal nature, the cause of forcing the regulation of the fault, as if the discretion of the third in the legal business. It examines the rationale for the institution in connection with the insurance and shipping. Being able to conclude that this work is a defense of the institution. Moreover regulated recently in a new version of the York-Antwerp Rules, 2004 and the proposed draft bill General Navigation.

Author: MARTÍN TAPIAS ANTONIO.
Year: 2005.
University: VALLADOLID.
Place of defense: UNIVERSIDAD DE VALLADOLID.
Place of preparation: UNIVERSIDAD DE VALLADOLID.

Summary: Set in the Spanish legal system, how it regulates the legal reality that comes from being held on ácto unilateral legal or partnership contract -sociedades commercial capital or business foundational legal foundations, to which the entity is part of the registration mercantiol in the first case or in the corresponding register foundations in the second.

Author: GONZÁLEZ GIMÉNEZ JESÚS.
Year: 2005.
University: ALMERÍA.
Place of defense: UNIVESIDAD DE ALMERÍA.
Place of preparation: UNIVERSIDAD DE ALMERÍA.

Summary: First Chapter. Study dela default legal mediterranean the light of the United Nations Convention on the Law of the Sea of 1982. The incidence in this sea of regime enclosed or semi-enclosed seas. Chapter second. Theoretical Study of the baselines. Chapter third. Practical analysis of the laws of each state's coastal Mediterranean relativva the establishment of baselines and the breadth of their territorial sea. Chapter quarter. Study of the bankruptcy process of dercho international traditional mahogany. The exclusive fishing zone and its application in the Mediterranean during that period. Chapter fifth. The maritime areas of interest according to the fisheries United Nations Convention on the Law of the Sea of 1982: the exclusive economic zone and its application in the Mediterranean during the eighties. Chapter sixth. The maritime areas of interest fishing beyond the territorial sea in the recent practice of Mediterranean states.

Author: SÁNCHEZ TARAZAGA Y MARCELINO JORGE.
Year: 2005.
University: CARDENAL HERRERA CEU.
Place of defense: FACULTAD DE CIENCIAS SOCIALES Y JURÍDICAS.
Place of preparation: SAN PABLO CEU..

Summary: The franchise contract has experienced a dramatic commercial development in our country, particularly since the 90's implying, as a secondary effect, a notable increase was aimed litigation hanging over relations between the parties. While there has been a parallel development policy on the subject, he has had a partial object directed mainly to competition and under the tutelage of any pre franchisee. However, as one of the essential elements of such contracts is directly related to the temporal dependence of the realization of economic interest of the parties, especially the franchisee, circumstances affecting the stability of the contract and its very end particularly problematic are between the parties, as infer from the high number of disputes on the matter have taken place before the Spanish courts. To this end, the contract has been analyzed from its essential characteristics between the parties, as a budget that puts the study in front of the core of the problem: the conditions competing in the continuity of the contract comes to an end agreed, as well as the termination of the contract and its consequences.

Author: Sánchez Muñoz Óscar.
Year: 2005.
University: VALLADOLID.
Place of defense: Facultad de Derecho de Valladolid.
Place of preparation: Facultad de Derecho de Valladolid.

Summary: The first part deals with the presentation of the concept of equal opportunities in electoral competitions and their lace as constitutional principle, enmarcándolo within the concept of competitive democracy, own democratic systems contemporaries. Reference is also made to the reception and processing of doctrinal and jurisprudential principle, and it begins to analyze its content policy, distinguishing between the two dimensions in the same: negative dimension, which can be set forth as a term intended to minimize the influence the electoral competition superiority of certain factors (financial superiority or media superiority derived from the exercise of political power), that mandate is projected in the order through measures that restrict the activity of the subjects involved in the electoral competition, and the dimension positive, which can be set forth as a term aimed at optimizing the visibility of the various policy options, which are basically projected benefits through measures of the State. The second part deals with the study of access to the competition, which presupposes the existence of the subjects who agree. In our law, those are two subjects: parties and groups of voters. Although the argument does not fall squarely on the issue of freedom of establishment of political parties, it makes a brief reference to the problems raised by the recent reform of Spanish law (LO 6 / 2002) to the extent that may lead to a reduction of the campaign message. It also addresses the problem of voter groups linked to parties dissolved. Moreover, the awareness that in contemporary democracies the ability to access the electoral competition is monopolized, de jure or de facto, by the parties, leads us to pay particular attention to the demands of democracy intrapartidista and parity democracy you can set the law in developing applications. In the third part of the thesis deals with the content of the principle of equal opportunities within the electoral competition. In this regard, the aim is not to determine arbitrarily what are the guarantees that "necessarily" have to discard the principle, once defined it, but the method used is the reverse: it is part of an analysis of the electoral legislation Spanish and legislation contour to identify the "normative projection" of such legislation in principle, valuing its consistency or inconsistency, their degree of responsiveness to the demands of principle, proposing an interpretation of the law more consistent with the same, detecting possible loopholes and, if necessary, propose solutions to the problems identified. Particular attention is paid to those areas of the law in which projections are more clear principle: the financing of election campaigns and, in general, the financing of political parties; visibility of the various policy alternatives in the media communication; neutrality of the authorities, particularly in relation to its communications activities during election periods; regulating certain types of electoral information, such as surveys and the use of the electoral new information technologies and communication. Lastly, the events during the election campaign for the general election on March 14, 2004 have been obliged to introduce a few reflections on the meaning of the reflection period prior to election day and the activities of competitors and third during the same.

Author: DAVARA FERNÁNDEZ DE MARCOS MIGUEL ANGEL.
Year: 2005.
University: PONTIFICIA COMILLAS.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The dissertation deals with the implications socio-jurídicas that telecommunications, and more specifically its liberalization process, has had as a key element in fashioning the current regulation of ICT. The starting point we place on transit from the concept of "natural monopoly" - albeit exclusive jurisdiction of the States, until its complete liberalization, with the minimum standards of control by the States. In all these developments, there has been some elements final, which is worth highlighting the convergence of several areas (telecommunications, IT and media), although born independently, it has been through their union, they have achieved a development of enormous proportions if, indeed, a revolution in society. In this sense, within telecommunications has reached a new and more specific concept, as is that of electronic communications, needs to define a different reality created in the aftermath of this convergence sectors, and to the convergence of sectors it has commonly termed as ICT (Information Technology and Communication). The concept of ICT that we used for the development of the doctoral thesis is the generic technology that allows us to the completion of any transaction with any information-training who is digitized, or is capable of this, and use or can be used at any time or phase of treatment-informatics and telecommunications. Areas such fundamental in society such as work, education, government or health, have received significantly the impact of new technologies, being affected, in a fundamental way, some of its most entrenched institutions. This without mentioning others who, because of their more dynamic, have found the new tools is a possibility of enormous development and change of business model, such as electronic commerce. However, not all the implications of new technologies have proven beneficial to society, but there have been others who have been linked to the previous ones, which have negatively affected some areas. For example, the digitization of content intangible has allowed an infringement of copyright, and the development and globalization of the electronics and telecommunications networks has led to the emergence of new violations of the existing law because, among other things, the universal nature of these networks, and even the scant and difficult to regulate them at the moment.

Author: Arias Paz José Mario.
Year: 2005.
University: AUTÓNOMA DE BARCELONA.
Place of defense: Embajada de España,en El Salvador, Centroamerica.
Place of preparation: Universidad Nacional de El Salvador.

Summary: El Salvador, Spain and the United States, provide the right to free education at least in the elementary and as a guarantor of this law is the state with the obligation to do the entire population who requests it, with the criteria generality, continuity, freedom, equality, fairness and coverage. But there is another implication of this law that safeguarded by the constitutions of the countries mentioned, called "School Choice," which is expressly stated in the law that have parents (only), for selecting the most appropriate school for their children . The investigation was limited only to the rank educational understood from K - Twelfth grade (K-12), the Centers for public or official, because they are the ones who gather the greatest number of students. Discusses so independently, the three countries highlighting their constitutional evolution and education, and emphasizes the practical application of school choice, developed in El Salvador: While the Salvadoran education system is based solely on public education and privately, and there are public and private initiatives, which will allow the exercise school choice to parents. Spain: mainly highlights the figure of educational concert since its organizational phase to extinction, since it is a model for the integration of public and private institutions of the Spanish educational system. USA: We studied different options school expressed in the various types of schools such as Magnet and Charter School, also discusses the concept of school vouchers (vouchers), which constitute the event for the renowned event "Zelman, Superintendent of Instruction Public Ohio Contra Simmons-Harris, which ended with a hard-fought judgment pronounced by the Supreme Court, the twenty-seventh day of June of that year, in favor of vouchers. addition raises the judgment of Supreme Court Justice of the State of Florida, which declared unconstitutional, the program coupons, the day on January 5, 2006.

Author: Rodriguez Iniesta Guillermo.
Year: 2005.
University: MURCIA.
Place of defense: Facultad de Derecho.
Place of preparation: Facultad de Derecho.

Summary: Treatment of systematic and comprehensive legal regime for the protection of widows in the scheme General Social Security, as well as its historical background, hot spots, prospects for reform and related matters.

Author: HIGUERA LICONA GABRIEL.
Year: 2005.
University: A CORUÑA.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: It is a comparative study from the Spanish and Mexican law, both of the constitutional guarantees, such as the limits of freedom of movement, which is reflected in the arrests that the authority can perform. They are valued legal principles to their validity and interpretation of the courts through jurisprudence. To conclude with a comparison of the differences between the two legal systems. Lege ferenda is proposed for a reform to Article 16 of the Mexican Constitution to the effect that the police have broad powers to act.

Author: DAVARA FERNÁNDEZ DE MARCOS ISABEL.
Year: 2005.
University: PONTIFICIA COMILLAS.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: SUMMARY Our research aims to tackle the biggest obstacle in our opinion the development of electronic commerce, to the fullest extent of the concept is, this is the lack of confidence. These misgivings and doubts are based largely on the lack of legal certainty in ignorance of the legal consequences of a particular action. Thus, we investigated the legal environment applicable to legal relations established and developed, even in any of its phases, in the electronic environment. However, we believe that it would be absolutely impossible to deepen in all areas of law affected by the information technology and communications. This being our assumptions, our work is divided into three key areas: trade and electronic contracting, electronic signatures and protection of personal data, adding a rough approximation to many other issues involved. As for the method of investigation, we have relied on the study of the legal texts of varying rank and breadth, doctrinal views, as well as studies of a different nature and authorship, in the public and private sectors. The analysis has sought confined to reality, entrecruzando different issues at different levels, materials and geography, so you might get a vision of landscape and legal scenarios in each of the areas. As a general conclusion, we believe that talk of legal certainty in the electronic world is like talking about legal certainty in the traditional environment, physical, ie it is impossible to deepen in all areas of law affected by information technology and communications. We understand that the use of such technology, and specifically the Internet, you do not need a specific regulation, affecting many, if not all, areas of the law, and would require a law dealing with all of them, with the consequent inability magna such codification. However, this condition is not as absolute need to be regulated exhaustive, but in many cases can be derived from the practice and the adequacy of traditional norms. Efforts should be a necessary change in mentality, which, through training and culture, reversed in an opinion founded more and better perspective towards social change originated. Not talking about changing legal structures generally, in most cases valid, but its adaptation and interpretation to the case. Ultimately, we need a practical and clear legal environment that train and inform those who have to implement it, interpret it and apply it.