LEGAL SCIENCE AND LAW, 3

Author: MARTÍ MOYA VANESSA.
Year: 2005.
University: VALENCIA.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The tenets of the legal proceedings merger, its passage and its implications are the main subject of this work. Despite that prestigious jurists have dedicated numerous studies, we understand that in relation to its legal configuration had not reached a climax. Indeed, it can be seen in the literature the absence of a unanimous agreement on many issues, which include determining the time in which the core business merger, the degree of participation of the partners in the determination of conditions economic Contract merger or revisibilidad it. To facilitate the structural organization of the thesis we have to divide the merger in three stages, namely the preliminary or preparatory phase, the phase of decision-making and the challenge, the latter of any nature. In each of these phases go, in our view, justify their specialties suitable for differential treatment. Thus, the preliminary phase, characterized by its atipicidad, is a period to be recorded in the most comprehensive treatment of its own preliminary pre-Civil Law. Traditionally, this period of the pre-merger has not received special attention by the legislature and has not attracted significant interest on the part of the doctrine, except valuable exceptions, in our country. Perhaps the absence of a body of litigation has prompted the belief that this phase caused little legal disputes. Nothing could be further from the truth. Due to the lack of legal regulation of the preliminary treatment and documents that are this character, the determination of illicit pre and repair any damage that would undoubtedly cause the parties during the same raises many questions, both nationally and comparative law. Phase decision raises, in turn, a problem that still affect the relationships between companies (contract), but it builds on the concept of partner as the main affected. Indeed, the relevant amendment to the status quo of them that the merger is likely to lead to calls for a series of protective measures, leaving behind for reasons of legislative policy the right of separation, are based on the right to information and its more immediate practical application; decisions that the partner can take on the basis of information received. The determination of the margin of their performance in shaping the entire operation has been a constant source of doctrinal discussions can not be considered settled and that we have devoted our attention to this trabajo.En this regard, there are many aspects that determine the framework jurídico-social that has an open mind now. The enthusiasm aroused by the subject of Corporate Governance and the new objectives of the Commission's societies, including the revitalization of the role of the partners, on the one hand. Thus, a set of elements of the company will realize that it can be seen that the role of the board can not be confined to mere observer as this involves a total contradiction, the paradox is understood that the partner makes it progressively recipient higher volume and quality of information as a justification for restricting increasing its sphere of actuación.Por addition, the division of powers between the bodies in the thorny matter of determining the exchange ratio has to be in relation to the possible revision the same court. So, is evident in the last paragraph of the argument concerning the impeachment, the gradual consolidation of a true exercise of self-restraint by judicial organs at the time of check in assessing the suitability of the exchange ratio, using the independent expert's opinion as evidence iuris tantum corrección.Para cover an overview need to be addressed not only impacts internal company documents from the merger; shaping economic conditions or the internal distribution of powers in the decision, but the external effects of the same; consequences 8 that sobr 3b6 and contracts and legal relationships should have the universal succession punishable by law, mainly. The last part of the work to one of the phases, along with the preparatory more sparsely attended by the jurist traditional one that has to be encouraged eventually challenged.

Author: GOMEZ MELERO GERARDO.
Year: 2005.
University: CASTILLA-LA MANCHA.
Place of defense: FACULTAD DE DERECHO DE ALBACETE.
Place of preparation: FACULTAD DE DERECHO DE ALBACETE.

Summary: The aim and purpose proposed in this thesis (INTERVENTION ON ADMINISTRATIVE THE BUILDING AND USES OF LAND IN CASTILLA MANCHA) is a comprehensive study of the rules, institutions, systems and legal mechanisms, of a preventive nature, that contribute to acts building and land use are implemented under the legal system, especially what has been known as urban legality, ie the rules and instruments of urban planning. The first part of the thesis is to contextualize the goal of the same and general issues, such as: - The concept of urbanism and Regional Planning, the interrelationship between these two concepts. - We stressed the Interdisciplinarity and the public nature of urban design. - It has analyzed the concept of urban law, from different perspectives, doctrinal and jurisprudential. - There have been cataloged and defined the classic and modern police techniques applied to the activity planning, connecting them with the specific treatment that LOTAU been established. - We have updated after the constant policy changes and structural, administrative organization of urbanism in Castilla-La Mancha: Board and municipalities. Then we approached the thesis in the legal institutions of a preventive nature: The prior notification. Reports substitutes. Licenses planning requirements. It has been necessary to a detailed study subjects acts and each type of control. Distinguishing the parcelaciones and segregations, major and minor works, works and uses to take place on an interim basis, acts land use and construction on soil and rustic leave first occupation. Once analyzed the assumptions included and excluded from planning permission thesis stops in the study of the administrative procedure for granting or denial of a building permit. The study of the procedure did emphasis on the documentation that the developer should provide mandatory. In pre-trial proceedings have highlighted the role of the reports, technical and legal issues. We have analyzed accurately and in depth the various kinds of reports. Finally we analyze the various forms of termination of this particular procedure, showing a particular attention to the urban conditional licenses and especially to the resolution implied licensing procedures in urban castilla stain, perhaps the most complex and interesting of thesis. The treatment of this topic (resolution implied procedures) is divided into four parts: -Inactividad administration. - The legal regime of silence in general and their particular application in DÂ fourth buildings. This is the silence contra legem. - Analyze the applicability of the principle or not aggravating the silence laid down in Article 242.6 of TRLS 1992 and its harmful effects. - We propose some solutions or alternatives to the legal uncertainty caused by its application: a) The negative option of silence. B) Submit acts which are currently subject to planning permission to prior communication supported by reports expertise or qualifications, with veto power for the Administration.

Author: PASTOR DEL PINO MARIA DEL CARMEN.
Year: 2005.
University: MURCIA.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO, UNIVERSIDAD DE MURCIA.

Summary: The use of tax benefits for the achievement of corporate conduct raises important issues of constitutional legitimacy and community. Activities of Research, Development and Technological Innovation, as one of these behaviors, have been subjected in recent years of repeated measures of tax benefit, especially as articulated in the corporate income tax, which does not seem to respond to specific legal guidelines. Providing a solid legal justification regarding the use of tax benefits to get business investment in such activities is the subject of this work. To this end, there is a comprehensive study of innovation in the company as on the material reality that the incentive tour, as well as the problem of using tax incentives in general and business investment particularly in the light of the tenets constitutional justice financial and Community legislation. Along with the substantive issues of character, those relating to the proper manipulation of the legal benefits lead us to the study of the different measures of effect desgravatorio and its various legal effects. Once laid the groundwork for future norms of this action of fiscal stimulus and the best way to do this is possible, after the prior analysis of its evolution in the corporate income tax, the appropriate judgment on the benefits that exist in the current revised text of the Law on Taxation to encourage business investment in R & D and IT. Thus, to verify whether this incentive is suited to a functional analysis, in terms of the constitutional basis for delimitation of conduct to encourage, and other structural, as to the adequacy of the legal techniques used to articulate the tax benefit we stand In short, the problems in the practical application of the two specific measures provided for this purpose: freedom of amortization of tangible and intangible assets affection to an R & D project, and the deduction in the amount of tax by activities R & D R & T.

Author: MUÑOZ IRANZO JORDI.
Year: 2005.
University: INTERNACIONAL DE CATALUÑA.
Place of defense: U.INTERNACIONAL DE CATALUNYA.
Place of preparation: UNIVERSITAT INTERNACIONAL DE CATALUNYA-CAMPUS BARCELONA.

Summary: The thesis aims to demonstrate the relationship between disability and / or dependency and abuse of the elderly. It discusses various statistical data, along with the types of abuse, risk factors, detection and intervention, and the legal remedies available, suggesting various actions to address the problem.

Author: ANESCLAR LUIZ EDUARDO.
Year: 2005.
University: GRANADA.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: DEPARTAMENTO DE DERECHO CONSTITUCIONAL - UNIVERSIDAD DE GRANADA.

Summary: Construction dogmática-jurídica the Legislative Powers of the Executive except in the constitutional order by the Brazilian Measure Provisória. The recent Constitutional amendment n º 32/2001 major shifts in art. 62, the Brazilian constitution with the aim of limiting formal and material power of the President of the Republic of Brazil. However, these changes affect the system of sources of law to preserve the reservation bill parlamentaría, led into consideration the competition system in the federal system, to carry out the normative force of the Constitution of Brazil in the system sources, which affects within the federal system of government and therefore, should be considered more as a limit to the legislative power of the executive branch from that country. Also, the thesis was studied presidential and parliamentary forms of government, from the perspective of the relationship that is verified in monitoring the Temporary Measure by the Brazilian Parliament. Above all, from the perspective of the Constitution and democratic pluralism, which reflects in the form of government. But from the perspective of the source system, the control exercised by Parliament on the legislative powers of the executive branch of urgency, given contours of the parliamentary form of government. However, in practice, lack of recognition and conversion of the standard emergency government, the presidential form of government is maintained through this emergency legislation contrary to the Constitution and democracy. This is most notable, from the Measure Provisória is reiterated by the President of the Republic without the participation of the Brazilian Parliamentary the norm of urgency.

Author: RECUERDA GIRELA MIGUEL ÁNGEL.
Year: 2005.
University: GRANADA.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: DEPARTAMENTO DE DERECHO ADMINISTRATIVO.

Summary: The doctoral thesis is divided into three parts: In Part One is a multidisciplinary approach to the concept of food security by highlighting the economic, social, political and scientific food safety. It proposes a legal concept of food security. It discusses in detail the historical development of government intervention on the grounds of food security, and the problem of the distribution of powers in this matter and related matters. * In Part Two describes the historical formation of European Food Law, and discusses the key pillars of European food legislation with special emphasis on the study of the precautionary principle, risk analysis, and independent agencies (the Food and Drug Administration, the European Food Safety Authority, the Spanish Agency for Food Safety, and autonomous agencies). * In Part Three examines the concept of "new food" from a scientific approach and legal (delimitándolo of concepts such as genetically modified food, functional, fortified foods or supplements), safety requirements, licensing procedures, and limitations sobrevenidas making proposals for its reform.

Author: MÁRQUEZ SILLERO CARMEN.
Year: 2005.
University: COMPLUTENSE DE MADRID.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: It explores the concept and characteristics of the foundations in terms of justifying a tax system beneficial in the corporate income tax. This scheme has been specifically currently in the Act 49/2002, as an exemption for the implementation of which requires compliance with requirements completed, and whose scope is limited by law. The critical assessment and exposure of those requirements and scope of the exemption in the corporate income tax constitute the core of the work.

Author: PAMPILLO BALIÑO JUAN PABLO.
Year: 2005.
University: COMPLUTENSE DE MADRID.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO UNIVERSIDAD COMPLUTENSE DE MADRID.

Summary: The thesis presented aims, from the perspective of the philosophy of History of Law and Legal Cultures, undertake a philosophical reflection on the second-tier Western legal tradition, from its ancient origins, and its medieval, following their progress and developments during Modernity and Contemporaneidad, from the depletion of the Dogmatic Legal Positivism Legalista Formalista, as well as analysis of recent developments in European Community law, trying to draw profiles of a new law that might settle dogmatic as a substitute and an alternative to the current in track overall, this is beyond the limitations philosophical, scientific and practical, the dogmatic moderno-contemporánea.

Author: Ruda González Alberto.
Year: 2005.
University: GIRONA.
Place of defense: Facultad de Derecho.
Place of preparation: Facultad de Derecho.

Summary: The civil law faces many serious difficulties when it faces the challenge of repairing environmental damage cigars or damage to the environment per se. It is difficult to define damage, affecting more balanced ecosystem that specific resources. The damage does not affect property owned by individuals, but to all things pertaining to (res communes omnium), or that do not belong to anyone (res nullii). It is difficult to prove and attributed to a particular cause, it is usually because of the amount or interaction of multiple causal contributions. It is often irreparable and in-kind compensation for equivalent is fraught with difficulties, not only because sometimes the equivalent does not exist in nature, but because the money only reflects in a way imperfect value of natural resources. The extent of the damage can be very high, but the responsibility is sparsely insurable. The compensation funds exist only compensated the pure ecological damage with many limitations. The current situation, there's no accountability for all these damages, it is unsatisfactory. Therefore it is important to regulate the locus standi so that someone can claim compensation for such damage. The State, as the guardian of the environment, as well as environmental organizations, subject to due legal control, should be entitled to it.

Author: Garcia Mondelo Roberto Francisco.
Year: 2005.
University: A CORUÑA.
Place of defense: Facultad de Derecho.
Place of preparation: Facultad de Derecho.

Summary: The thesis deals with the company Galician family. It discusses both coming from its origins as remote, but mainly from the time of the codification of civil law and the system that set of appendices to the Law Law 4 / 1995 of the Special Law of Galicia

Author: POLO TORIBIO GEMA.
Year: 2005.
University: CASTILLA-LA MANCHA.
Place of defense: FAC. DE DERECHO Y CIENCIAS SOCIALES.
Place of preparation: FACULTAD DE DERECHO Y CIENCIAS SOCIALES.

Summary: STRUCTURED IN SIX CHAPTERS, PRECEDIDOS FOR INTRODUCTION AND CONCLUSIONS, RESEARCH IS THE CENTRAL AXIS OF REACH LEGAL ANALYSIS OF THE ENROLLMENT IN THE CENSUS POPULI TO APPROACHING THE WAY THROUGH A PERSON LLEGABA TO ACHIEVING THE CONDITION OF MEMBER COMMUNITY ROMAN AND THE IDEA THAT OWN ROMAN TUVIERON THE CENSUS POPULI. IN NEED OF A VISION OF LEGAL CENSUS POPULI, THERE ARE KEY INTERPRETATIVE FOCUSES ON THE REGISTRATION IS THAT IN THE FORWARD OF NOMEN OF PERSONS SUCEPTIBLES TO BE MEMBERS OF THE POLITICAL COMMUNITY ROMAN, ON THE BASIS OF SOME LEGITIMOS BUDGETS TO LEGITIMASEN AS ENROLLMENT. THE STUDY IS FOCUSED IN ROME AND TEMPORARILY TO THE SUMMER OF 62 A. C. DATE OF THE CAUSE AGAINST SEGUIDA POETA ARQUIAS. DESIGNED AS FROM ITS ORIGINS INSTITUTION THAT SIRVIO OF LEGAL TOOL TO BRING TO PRACTICE THE CALL REFORM SERVIANA, THE CENSUS POPULI FIGURE WAS IDEADO AS LEGAL IDONEA FOR FORM PART OF THE COMMONWEALTH OF CONCIUDADANOS IN HARMONY WITH THEIR GODS AND LINKED BY LAW AND RELIGION. THESIS ON THIS STATE HAS ALWAYS THIS THE CONCEPT OF CENSUS POPULI AS PART OF A GREAT RITUAL THAT EACH LUSTRO SUPONIA THE RESTRUCTURACION, PURIFICATION AND RENEWAL OF CIVITAS. THE IMPORTANCE OF THE CENSUS TRASCENDENTAL POPULI, COMBINED WITH THE NEED FOR ACTION ON OTHER JUDGES IN THE ABSENCE OF CENSORES, HAD A DIRECT TRANSLATION IN AT LEAST THREE OBJECTS OF SITUATIONS IN THE STUDY LAST THREE CHAPTERS OF THE THESIS: LEGAL THE FIGURE OF THE MANUMISSIO CENSU, IF THE INCENSUS AND THE CAUSE AGAINST SEGUIDA POETA ARQUIAS, ACUSADO BY USURPACION OF CITIZENSHIP, DONE THAT WE HAS ACHIEVED THROUGH THE SPEECH DEFENSE PRONUNCIADO.

Author: BARRIENTOS SÁNCHEZ CARLOS R..
Year: 2005.
University: COMPLUTENSE DE MADRID.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO, UNIVERSIDAD COMPLUTENSE DE MADRID.

Summary: The thesis examines profusely all components of the direct taxation of electronic commerce. It examines the various works carried out in various international forums, OECD, European Union, as well as comparative law in relation to electronic commerce. The basic principles of taxation are taken into account in order to define the framework of direct taxation, such as non-discrimination, neutrality, residence and source, and so on. Once considered the state of affairs and international efforts to reach a tax based on legal certainty, it happens to work in different chapters, issues of residence of both individuals and corporations, taxation of fees or royalties, the various possibilities of organizing business, and the rules for determining the presence of a permanent establishment. No less important is the treatment given to the identities of the parties as well as the business conducted for the purpose of seeing the level of income received.

Author: DOMÍNGUEZ CRESPO CÉSAR AUGUSTO.
Year: 2005.
University: COMPLUTENSE DE MADRID.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The thesis aims to deepen the study of principle tributary of economic capacity, analyze its foundation in the field of Community law, as well as describe the application that has already existed and propose a wider application and explicit that may help to resolve some conflicts related with direct taxation. In the latter part of the thesis examines whether the Spanish order to detect possible points of conflict with the principle of affordability Community, with the scope being proposed.

Author: ÁLVAREZ COBELAS JUAN RAMÓN.
Year: 2005.
University: NACIONAL DE EDUCACIÓN A DISTANCIA.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO - UNIV. COMPLUTENSE DE MADRID.

Summary: The starting point for this research is focused on the assertion by some writers, the failure of sub-Saharan Africa out of its underdevelopment traditional political failure that has become more evident after the end of the Cold War. In this figure joins the finding of those remedies that international law has enabled to resolve or alleviate such situations, which have proved insufficient. This is for a double reason: first by the lack of tools to solve their own legal and secondly because of the lack of political will both external (ie from the international community) as internal actors themselves. This initial approach that has led us to identify the object prices of research work: the notion that reality called "failed state" and because the remedy for their solution. As a premise, we must say that in the analysis of their solutions, both doctrinal construction and application on the ground of the same, this thesis is not another study on overall operations of peacekeeping in sub-Saharan Africa, but the object the study was intended (and its subsequent development), such as in peacekeeping operations led to the construction or reconstruction of such crises, and to what extent have succeeded in their efforts. As a contribution to the definition or approximation of "failed State" we read: "failed State" would be the situation in a sovereign state, which as a result of an internal conflict has disappeared a government with effective sovereign control almost everything the territory and whose fields have been filled by local actors, exercising authority over the territory they control, and prevent the international community find the only valid interlocutor for that State. As for the analysis of the hard core of the thesis is true of the OMP expressions in terms of the international remedy for such "failed states", we must say that we have begun a gradation in the intensity of the intervention from below mayor, so that the first examples are studied classical OMP to turn to the examples of "State building" Nation building "and" governance assitance, "was found these successes or not, and to finish this first partly with the assistant UN role in internal processes of building peace. The other three remaining operations, which had taken place in Liberia, Sierra Leone and Ivory Coast are discussed in chapter, more for their dual component interventionist OO.RR. / A which have a specific feature not fit into any of the above assumptions . But we must not delude ourselves as to the success of these operations. The main conclusion is that the OMP were not designed to build / rebuild "failed states", but if they have served, so that the organs of the UN, responsible for initiating and carrying them out (Security Council, General Assembly and Secretary-General) to realize (and this stems concept began in 1992), they could not succeed themselves in the middle on which acted as proved unworkable that prevented implementation of such measures or that its application did not prevent the conflict re-emerge . In other words the contents of the same object of the mandate of the peace-keeping operation step being the implementation of the measures contained in the same mandate of the operation to repair the environment (the "failed State") on which such measures should be applied, so the success of these (virtuality his practice would be impossible without the repair or success of that.

Author: PASTOR MARTÍNEZ ALBERTO.
Year: 2005.
University: AUTÓNOMA DE BARCELONA.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO UNIVERSIDAD AUTÓNOMA DE BARCELONA.

Summary: The precise determination of the temporal dimension of the life of the collective agreement is a matter of paramount importance in order to the satisfaction of the principle of legal certainty and to the functionality and effectiveness of collective bargaining. The thesis develops a comprehensive briefing about the time it occurs start of validity and different assumptions that determine their extinction. With this aim, besides making a characterization dogmátiva of force used to delimit conceptually this stadium, differentiating it from other phenomena, such as regulatory efficiency or ultraactividad, develops a comprehensive analysis of the regulatory framework relating to the temporal dimension of the life and , specifically, the rules governing the procedure for drafting the convention and the extinction of life. In consideration of the regulatory framework pays special attention to the adequacy presented in relation to the characteristics of the Convention and collective self-reliance as well as the demands of dynamism and adaptability that requires a collective bargaining system functional and efficient, proposing in some cases, changes the interest to achieving those objectives. In addition to the review mentioned at the beginning and end of life, it also discusses the statutory rules laid down for resolving the issues of transitional law that arise as a result of the cessation of force and the succession of agreements over time, paying special attention wing figure from the utlraactividad and features introducing the principle of modernity in succession conventional.

Author: MOLINOS RUBIO LUCÍA MARÍA.
Year: 2005.
University: ZARAGOZA.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The couple actually is a way of family, socially accepted, the alternative to which originates by marriage, which demand recognition by the law. In order state has not enacted any standards that regulate, but it has been seen this way of living together as budget fact specific rules. Twelve autonomous communities have prepared a law on the figure. The legislature ignored the state tax law husband, but that does not mean there should not be granted a tax regime to transactions that occur by the demise of this mode of coexistence. The paper studied the effects prosecutors that originate by the extinction of the conviencia of unmarried partners, in life or because of the death of one of its members. The operations of dissolution and liquidation of the assets of unmarried partners, the financial measures can be established and the system of succession among those who had a non-marital cohabitation have been analyzed. Lawmakers autonomic, in the development of legislative powers bestowed on the inheritance tax, have equated this tax partner with de facto spouses for the purpose of reductions. So too have made some municipalities in the IIVTNU. The subject belongs to the present, is constantly evolving and it may be that in a not too distant time the contents of the law governing the union is not marriage. To this end, the legislature established the legal requirements to consider responding to the demands of legal certainty, which is why there will always be people who choose to live apart from them, there will always be genuine partners.

Author: ALDAZABAL ETXEBARRIA JAVIER.
Year: 2005.
University: PAÍS VASCO.
Place of defense: FACULTAD DE DERECHO UPV.
Place of preparation: UNVIERSIDAD DEL PAÍS VASCO.

Summary: The thesis deals with a booming phenomenon in the recent evolution in public administration, namely, the creation of foundations, under the dominant influence of the Administration founder, provide public services and / or develop public policies. The dominant influence of the government on the foundation is credited when attending any of the following circumstances: 1 - When one or more government, either directly or through entities dependent on these, mostly involved in the founding endowment. 2 - When the foundation in the development of their regular activities to be financed mostly by the government or entities dependent on them. 3 - When the government set aside the power to appoint most members of the board of the foundation. The thesis, which restricts the scope of the Autonomous Basque Country, is composed of two distinct parts: the first consists of a field study, which identified and inventarían foundations established by the different Basque government, and the second focuses on the analysis of the legal regime corresponding to these foundations. The results of the case study, we conclude that all the Basque government (autonomous, foral and local) have participated in the formation and funding of such functions. It can be said that this legal institution has become the most lavishes between entities instrumental in the service of the Basque government, and managed the administrative action in some sectors such as culture, scientific research, or policy agrifood exclusively through this figure. In terms of the legal system, the legal vacuum surrounding the foundation of public initiative seeks to save through inclusive interpretation of positive law in force, which is the central task of the study. Thus, despite its lack of foresight in administrative law, claiming the incardination of the founding of public initiative in the public sector basque, which is based on public financing of the activities of the entity, and the effective control the Administration founder exerted on the foundation, which ultimately proves linking the foundation with the administration. This statement is also consistent with the concept of the public sector in the current European law, and consistent with a comprehensive interpretation of the definition of public sector basque in other autonomous administrative rules. Linking the foundation with the administrative organization, will determine the legal regime of that. The foundation generally is a legal form of private law, but the foundation of public policy, because of their connection with the administrative organization must adjust its legal system to suit certain private principles governing public law. It is what has been called, using terminology of the State Council, modulation public of the legal regime of the private foundation, whose practical consequences also develop along the doctoral thesis.

Author: Navarro Caballero Teresa María.
Year: 2006.
University: MURCIA.
Place of defense: Facultad de Derecho.
Place of preparation: Universidad Complutense de Madrid.

Summary: With an inclusive claim, the Doctoral Thesis faces the challenge of studying for the first time in three joint management of the Dominion Public Water: the more traditional grant-demanial of aguas-, whose poor use by the Administration has sued the two Hydraulics latest introduced in the Spanish legal system with the Law 46/1999, amending the Water Act: the assignment contract and the contact points of rights to the use of water, coming to compensate for the rigidity that it prints in the gesión of demanio water to involve reallocating resources to optimize their use socially. Inadequate práctia of concessionary regime in the management of water resources can be seen from various factors such as the inability and unwillingness of many times the Administration Hydraulics at the time to undertake the review and modification of existing titles concessional, ignorance or partial knowledge that it is the water that has to manage, or, the very lack of solidarity of users unable to undertake a review of their titles when concessional resultant decrease in the allocation initially assigned. Faced with this, the main virtue of assignment is to represent an incentive for individuals to undertaking the registration of their rights in the Water Register or holders of temporary uses water to turn his private law in a concession. This is true to the extent that such contract can only be signed by dealers to be registered to have their rights in the Registry and the assignment will also granted access to this motion by the Agency for watershed. For their part, the exchange centers have the advantage of greater interventionism result of the Water Authorities, which makes them suitable instrument for allocating the assets acquired for environmental purposes.

Author: SÁNCHEZ PACHÓN LUIS ÁNGEL.
Year: 2006.
University: VALLADOLID.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: Study of the causes of nullity of the corporate capital from the definition of the same in the revised text of the Corporations Law and the Law on Limited Liability Companies. In the first part, after describing the history, evolution and proposals of specific regime of nullity, he examines the role of the deed and its registration in the Register of Companies in terms of budgets implementation of this system, and discusses the various causes nullity: wrongfulness or opposition to public policy in the corporate purpose; absence of certain information in writing or in the statutes, breach of paid-up capital; inability of the founding partners. The second part is devoted to the cause of invalidity more complex: non-attendance will effectively at least two founding partners, in the case of a plurality of them, or the founding partner, in the case of sole proprietorship. It discusses the scope and meaning of the 'actual intention'; subjects and the time in which it will be claimed; distinguish the alleged absence of will: violence; forgery; inability natural unconscious statements, as well as cases of statements not serious; reservation mental mistake obstativo; simulation, and their impact on society of capital. Drawing special attention to the simulation, which, as the statement issued divergent, it may refer to the subject, the object or the cause of the act establishing the company and motivate the declaration of nullity of society. This technique allows propose the invalidity company as a mechanism for ensuring legality, which incidentally, closes the road to an uncertain implementation of the theory of 'vigilance' legal personality.

Author: MELERO BOSCH LOURDES VERONICA.
Year: 2006.
University: LA LAGUNA.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO DE LA UNIVERSIDAD DE LA LAGUNA.

Summary: THESIS DOCTORAL THE OBJECT IS FOCAL POINT OF STUDY THE PROBLEM OF SLOW THE SOCIAL JUSTICE AND THE NECESSITY OF ACHIEVING A PROCEO CRIMINAL MORE EFFECTIVE, UNDERSTANDING THE EFFECTIVENESS OF RAPIDLY IN THE RESOLUTION OF DISPUTES CRIMINAL TO UNITED NECESSARILY TO GO TO EXIGENCIA PROCESS WITH AN ALL WARRANTIES. THE NEED TO ADDRESS THE ISSUE GETS TO MANIFESTO FOR THE CREATION OF PROCEDURE FOR THE PROSECUTION OF CERTAIN CRIMES FAST. THE THESIS ARE AWARE FOCUSES ON DEPTH IN THIS NEW ATTEMPTED EXPEDITING THE CRIMINAL JUSTICE IN SPANISH AND IF THAT AFÁN AGILIZADOR MEANT A DESCONOCIMIENTO THE RIGHT OF DEFENSE OF IMPUTADO IN PHASE OF RESEARCH DONE DELICTIVO.