CANON LAW

Author: SANCHEZ SANCHEZ GIL ANTONIO.
Year: 2003.
University: COMPLUTENSE DE MADRID.
Place of defense: FACULTAD DE MEDICINA.
Place of preparation: FACULTAD DE DERECHO.

Summary: The thesis, organized into four chapters, examines the presumption of validity of legal acts in the con.124 2 of Cólegio of Canon Law of 1983.En The first chapter considers the structure of the legal presumption that aims to legal qualities, as the validity of acto.En second examines the "pro rate actus" in the doctrine and moral jurídica.En the third study receipt of the action of a legal act and the presumption of validity in the Canon Law vigente.En the the fourth chapter, a conaclusivo examines the structural characteristics and legal significance of the new general presumption of validity.

Author: AMÉRIGO CUERVO ARANGO FERNANDO LUIS.
Year: 2004.
University: COMPLUTENSE DE MADRID.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: It seeks to analyze the system of financing religious denominations in the legal system español.Para This is part of the development of the principles of the system of relations between the State and religion in the Spanish Constitution of 1978, in order to analyze whether the current system of funding delas faiths respects such principles as set principios.Se reporters covering freedom of conscience, equality, personalism, pluralism, secularism and cooperation with the State confessions. Once established principles reporting system analyzes four models of law Germany, Italy, France and the United States of America. Done the study of comparative law, the investigation is directed to the analysis of the current system of financing the Spanish confessions religiosas.Se part of the system scheduled for the Catholic Church, contained in the Agreement on Economic affairs of January 3, 1979, signed between the Spanish State and the Holy Sede.Sistema articulated on the basis of different phases ranging from the traditional budgetary allocation to autofiananciación of the Catholic Church, through the tax allocation system, in which phase is stalled sistema.Junto it examines the system of tax breaks for donations intended for the Catholic Church to the confessions that has been done Cooperation Agreement (Protestant, Jewish and Islamic). Described the current funding system in Spain, is a critical assessment of the same according to the contents of the constitutional principles that inform the Spanish system of relations between faiths and the state. Finally, the work is finished with a proposed "jure condendo" on the systems that could be implemented and would be more respectful of constitutional principles, while that might allow a sufficient fiannciación of as religious denominations.

Author: RUBIO LOPEZ JOSE IGNACIO.
Year: 2004.
University: COMPLUTENSE DE MADRID.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: DERECHO ECLESIASTICO FACULAD DE DERECHO.

Summary: Case Study, legislative and doctrinal religious freedom in the United States of America during the Rehnquist court. There is a tendency restrictive interpretation of jurisprudential free exercise clause of the First Amendment and a favorable adjustment in connection with the establishment clause. In the free exercise of religion, the Supreme Court decision Smith of the American 1990 revised the Shebert test 1963, which was restored by Congress in the REFRA 1993. In 1997 judgment flowers annulled the supreme state implementation of this federal legislation. In the year 2000, after several attempts, Congress approved the RLUIPA. In these past few years have heightened tensions esistentes on religious freedom which allows speak of a freedom of tension.

Author: SANCHIS VIDAL AMELIA.
Year: 2004.
University: CÓRDOBA.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: Study of the State's position before the teaching of religion and ethics. This is an analysis of the legislative history, which emphasizes the legal position of women in the State and religious denominations. The investigation is aimed at answering the following questions: what took place the Catholic religion in the education system and whether other religious denominations, which have signed agreements with the Spanish government, have the same educational accessibility; Â Are there ethics without religion in the field of education and under what conditions is regulated? Do you is no difference between the treatment received by women and men by the State and religious denominations? In legal texts perceived confusion between religion and morality, from which the State pays for education is not regarded more moral that provenientede the Catholic religion. Over the history of education, if we stick to the hours spent by the legislacióna the religiónya ethics, has been more Catholic citizen; empleamosel male comosingular exclusive. By studying these subjects warned that educational legislation sought unevenly to women and men, relegating the first to a lower status in the political and social life. A different approach to education for children as they were boys or girls, helping to build a society with differences between men and women. In ignoring civilian women joined the treatment that religious faiths gave his personal status. This meant that a system of political coexistence decididamentediscriminatorio was reforzadopor transmission principles of morality religiosafomentadoresde inequality. Through this research highlights that education is essential to get ethics training based on igualdadde sexes since its formal and contextual message would be more in line with the constitutional principle of equality.

Author: PÉREZ ÁLVAREZ SALVADOR.
Year: 2004.
University: NACIONAL DE EDUCACIÓN A DISTANCIA.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACUTAD DE DERECHO . UNED.

Summary: The purpose of the Doctoral thesis consists in analyzing the effectiveness of civil order in the resolutions of marriage annulment and dissolution of marriage is not consummated canonical while and dictated by the courts of the Catholic Church under the current system of marriage, since the perspective of the various constitutional principles that inform the exercise of judicial power and the relationship between the State and religious denominations in the Spanish legal system. This is, after all, the study of the controversial issue concerning the "adjustment to the law of the State" of those resolutions that despite the lapse of just over 25 years since the enactment of the Agreement on Legal Affairs between the Spanish State and the Holy See what discipline, has not yet been resolved unanimously or by. doctrine nor the jurisprudence of the Supreme Court and the Constitutional Court. This limit appears bound, as stipulated in the Civil Code, with the procedural conditions that hamper efficiency in the Spanish legal system of judgments by foreign judicial authorities. Among them all, the backbone of the system of recognition of these decisions believe that tour, in accordance with the doctrine of the Supreme Court and the Constitutional Court, in the volume on "the obligation for whose implementation has been done is lawful Spain ", ie" public order ", for the reasons argued in various aparatados of the doctoral thesis, has been described as" constitutional ". This limit, always understood in relation to the adjustment to the Law of the State of sentences canonical nullity and Decisions Pontifical dissolution of marriage canon while and not consummated, seeks to prevent civilian headquarters in the approval of those decisions that might prove prejudicial to the higher values of our legal system and the fundamental rights enshrined in the Spanish Constitution of 1978. All of this would take place in accordance with the results of scientific research that has been achieved over the development of this memory doctoral, in the following cases: 1) When the canonical process of invalidity or, in his case, dissolution of marriage it was not respectful of the rights of defense of the defendant that make up the substance of the right to effective judicial protection enshrined in arto24 of the Constitution, as has been defined by the Constitutional Court. 2) When the demand for civil purposes had been brought by mutual agreement of both spouses, or at least by one without the opposition, express or implied, on the other, as can be deduced from the recent "Supreme Court's jurisprudence with respect to most controversial aspects of adjustment to the law of the State of the decisions canonical marriage. 3) When the facts and law of the canonical judgment of invalidity or the Pontifical decision of dissolution of marriage while and may not consummated subsumed into one of the reasons invalidity or divorce under the Civil Code, respectively, as they have been interpreted by the general doctrine of the Directorate General of the records and Notaries and the Supreme Court.

Author: FERRARY OJEDA JOSÉ MANUEL.
Year: 2005.
University: PONTIFICIA COMILLAS.
Place of defense: FACULTAD DE DERECHO CANONICO.
Place of preparation: FACULTAD DE DERECHO CANONICO.

Summary: The present study does not seek regulatory background in a matter-regulated in the current canon 1095 - because, as we know, this piece of legislation lacks sources policy was immediate and doctrine and, in particular, to the Courts felt the convenience and the need for legislation that can support, so clear and well-founded, many of the conclusions it had gradually come around to the ability / inability staff to issue a marriage valid consent and accuracy of order that same consent. Is this what we are looking at, analyzed and appreciated throughout this investigation. Two reasons have reduced the scope of their presentation to the doctrine and jurisprudence Spanish: first, extend the search to the entire doctrine and canon law before 1983, it would not be easy or reasonably abarcable. Second, it is well known the important influence of the Spanish canonística, especially in the period between the two codes (1917-1983). In addition, this will help to keep alive the memory of those historic canonistas Spaniards who with his effort made, and make possible the development of Canon Law. Methodology The method has been analytical and synthesis in major ways in which this contribution reflects: Manuals, monographs, and studies Court. Therefore, the exhibition is dominated by the appearance expository. This also explains the anthological study, to argue the original texts on which we worked. Indicate that each chapter follows a chronological order. Points intended to be covered by the study in the statement of the study, has been taken as a starting point essentially a first introductory chapter, which was intended to introduce us to thinking about the marital consent: It begins with the conception of marriage and the Roman Biblical foundations of marriage, for projecting our eyes, very broadly on the history of Christian marriage. The study of the Spanish contribution begins with the proper input in the second chapter. It has offered a detailed study of the manuals Parental Canon Law issued in the period under our thinking, focusing on those that are directly related to marital consent. Overall, these manuals, show the evolution of the doctrine on disability studied together with an interesting contribution Jurisprudencial. We must not forget that these manuals are the ones who spread the knowledge of Canon Law Marriage in the Schools and Seminars Spanish, and therefore much of the canonística that will be successful in this period, will have as its starting point, where research and application of canon law, the content of these manuals. The second chapter provides a comprehensive development of the doctrinal evolution of the concept of maturity, judgment and discretion of disability in those manuals. The simple fact cover a time period that begins in 1946 (Wernz-Vidal) and ends at 1973 (Hervada-Lombardía) proves so. These manuals represent a reflection of the literature concerning the Parental Consent more influential at the time, but that doctrine is simply exposed, not analyzed in depth because, when it comes to manuals Marriage Law, in general, treatment consent is not the primary purpose of the same. The third chapter has offered the study on the three existing Monographs on marital consent. The contribution of these authors and supposed means a priceless effort compiler and harmonizing both the doctrine and jurisprudence rotal. Among the three existing Monographs should highlight the important contribution of Eudoxio Castaneda and his invaluable contribution to the literature with the novel addition of anthropological sciences. The main contribution of this paper is perhaps the excellent coordination and presentation of modern Cree 8 terios p c49 psychiatric affecting the individual in relation to their judgment and discretion of their ability to deliver an agreement with matrimonial criteria Court Rotal , and noting the points set against acceptance or rejection between each other. The fourth chapter examines the contribution of the Court of auditors Spaniards. First studied the auditors of the Roman Rota (Mons. Bonet, Msgr. Canals, Msgr. Lamas and Msgr. Serrano). It continues with the study of decisions taken by Msgr. Garcia Faílde and Msgr. Panizo Orallo. The first emphasizes the novelty of his thinking and wise insight to manifest. His knowledge of Psychiatry, and the incorporation that makes this science in his Court, marked a turning point in the study on the consent and therefore contributes, with a precise scientific rigor to the development of current canon 1095 , 2Â ° and 3Âş. The second, it provides a complete reflection on the maturity of the individual. Ends, this fourth chapter, a brief review of decisions taken by the Rota of the Apostolic Nunciature. And with input from the courts Diocesan Spaniards. The fifth chapter provides an analysis of existing studies and articles divided into three periods chronologically ordered (1950-1983). In the studies reviewed study shows that the importance attached to the Spanish canonistas Psychiatry and Psychology. Especially thanks to the influence of two famous canonistas: Professor. Eudoxio Castaneda and Msgr. Garcia Faílde. Similarly, says the importance of the Council and its teaching on marriage: the Constitution "Gaudium et Spes" (personalism legal), lays the foundations of this new understanding of marriage. It shows how our canonistas focus on expanding the subject of consent and the capacity for the same, to integrate, as an essential element of the consent order, the community of life and love. Finally, notes the important thought for the consolidation of a new chapter of invalidity autonomous ( "the inability to assume the obligations of marriage"), and how advocates that the formula used to be as open as possible: to know the first projects the text that will culminate in the force can. 1095, canonistas Spaniards will pay due attention and analyze deeply, the texts which the Commission Codificadora would provide.

Author: ASÍN SÁNCHEZ MARTA ROCÍO.
Year: 2005.
University: COMPLUTENSE DE MADRID.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO - UCM.

Summary: The thesis presents a study of the canon 1095 and the reason why it is so important expert evidence in the process of nullity of marriage and, with their input, provides Judge aid and guarantees it needs in order to declare that a marriage it is void. To that end, shown throughout the thesis support and contributions that have to be mutually psychology / psychiatry and canon law. Judges, lawyers and experts working to obtain an identical end. To that end, the doctoral thesis states that will be of vital importance interrelacionen their knowledge and know its working methods, principles and technical language of their own science. The aim of the thesis is to convey to the professionals of canon law, in order to apply it more wisely and guarantees of success in each of the matrimonial nullity presented to them from causes related to the inability of mental c. 1095, to take into account that intermingle not only legal principles, but also psychological / psychiatric anthropological, philosophical and even moral that may provide further information that will not only legal and multiple benefits in the process.

Author: PELAYO OLMEDO JOSÉ DANIEL.
Year: 2005.
University: NACIONAL DE EDUCACIÓN A DISTANCIA.
Place of defense: DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: This paper attempts to analyze the system for the recognition of legal status to the ideological and religious communities that the government made in Spain, as well as its relevance to the principles of a secular state. That part of you basic premises: the consideration of the right of association as "a minimum common rules" all manifestations of association, including the so-called "constitutional significance", and treatment of the right of freedom of ideology and religion as a single right with various manifestations. Both propositions are maintained by the Constitutional Court when it had to pronounce on these issues. This will make a detailed analysis of all the figures involved in this process. On the one hand, in the first chapter examines the rights of citizen participation, especially the association, its common as special because there is a possibility that, for their purposes, a partnership pass to be considered "constitutional significance" , and thus have their own regulations to meet their particularities. Only those whose goals coincide with public interest of all democratic society can be regarded as such. However, this does not preclude that, in partnership, the special legislation should be consistent with the common system. Within this category traditionally has been included to religious communities, which have their own regulations embodied, in essence, the Organic Law of Religious Freedom in 1980. Thus, to exit Chapter, analyze its legal regime, which allowed us to check its shortcomings and contradictions, especially to marginalize the ideological aspect of this law, in addition, to help us understand that, precisely because of its purposes, a religious community it can not be considered "constitutional significance" in a neutral State. In the second stage, we look at the arrangements provided by the common law for the establishment and recognition of legal personality to people, as well as its role in each of these cases the administration. It caters to the birth of the legal person and the various doctrinal considerations on the subject, the recognition of their legal and civil capacity, as appears in the rules of the Code civl on legal persons, and the role it has assigned Registers in this matter. In the latter case, is studied in depth the distinction between administrative and legal records, declarative and constituent respectively, the registry principles that will guide its actions and publicity and legal certainty to be obtained through them. Finally, the last chapter, it is found that has the adequacy regime for the recognition of legal status to religious groups regarding all elements above. As he intervenes in the Register of religious entities, analyzes its composition, its structure, its functions, the registration procedure to be followed and what is the practice followed by the charge of this agency so far-all to check if it is consistent with the system, and especially with the principles that will guide registration their performance. Taking as reference the role that gives this record judgment of the Constitutional Court 46/2001 and taking into account that, as currently designed the system, not fulfilled, we concluded conducting a series of proposals intended to make some improvements.

Author: LEMA TOMÉ M. MARGARITA.
Year: 2005.
University: COMPLUTENSE DE MADRID.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO - UCM.

Summary: The dissertation presents a detailed study regarding the integration of immigrants in Spain and specifically in the Autonomous Community of Madrid. The study was done from a legal perspective (freedom of conscience), but includes other scientific disciplines in an interdisciplinary methodology, as Philosophy and Sociology. In the first part of the job, after exposure and clarification of terminology in a series of key terms in the object of study (immigrant integration, personal and collective identity), discusses models for the integration of immigrants in Comparative Law (France , Germany, Holland and England), in order to identify the key issues surrounding the integration and tools tested in each of these countries as being resolved. Then there is a theoretical reflection about multiculturalism and the challenges minorities in the host societies, especially immigrant minorities. In the second part, after a thorough analysis, sociological and policy of immigration in Spain, in Madrid and in Madrid, the paper explores the major problems identified in relation to the integration of immigrants. It deals particularly with the actions taken at the regional level to respond to this problem. In a final point being made a number of conclusions and de jure condendo proposals for the resolution of the issues raised, proposals affecting, mostly in the field of education.

Author: MARÍA ROSA GARCÍA VILARDELL.
Year: 2006.
University: ALICANTE.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: According to canon 1101.2 of the Code of Canon Law of 1983, when one or both spouses exclude a positive act of will an essential element of the marriage contract inválidamente.No however, the relevance of the legal exclusion of conjugal fidelity in the when consent is not an issue peacefully. Traditionally, it has been proclaiming that only excludes bonum fidei person who, at the time of consent, it intends to deliver to a third party, besides the spouse, the ius in corpus parity terms, so the simple purpose prenuptial of adulterating or remain in the previous cohabitation does not invalidate the matrimonio.Actualmente such a stance could be considered completely overcome, affirming the nullity of the marriage of those who contracted with the firm intention and purpose of adulterating or not to keep the loyalty, though, and even though this is the feeling of the general doctrine, the approaches of the more traditional doctrine again be taken in more recent times, being thus the need for a detailed study of this essential element of marriage. The work aims, therefore, first and foremost, to provide an analysis of conjugal fidelity in its entirety, trying to answer questions such as: legal relevance of the exclusion of conjugal fidelity as autonomous chapter of invalidity and its legal headquarters , as well as its content and, therefore, secondly, the facts which constitute a violation of the same. Issues, all these, which are addressed with an emphasis on personal and interpersonal marriage hosted by the Management Canon; perspective which can not dispensed in the shape any of the notes essential matrimonio.En this direction, we pause also, in some detail, on two issues closely linked to the legal treatment of the exclusion of conjugal fidelity: the positive act of will exclusionary necessary to the exclusion of any of the aspects referred to in the second paragraph of force canon 1101, deploying all its legal effects, and the distinction between right and exercise. Emphasizing the same way, the need to usher in a more subjetivista commensurate with the current image of consent matrimonial.Finalmente, and taking into account the jurisprudence as a practical application of the law constitutes an important element of legal interpretation, we pause in the analysis of canonical jurisprudence Spanish, given the existence of the Court of the Rota of the Apostolic Nunciature in Madrid, which is based on a unique privilege granted by the Spanish people to the Church, for the purpose of describing the current status of the issue under consideration in the case closer.

Author: DIE LÓPEZ ANTONIO JOSÉ.
Year: 2006.
University: PONTIFICIA COMILLAS.
Place of defense: Alberto Aguilera, 23 28015 MADRID.
Place of preparation: FACULTAD DE DERECHO CANÓNICO.

Summary: The theme and approach being investigated is the value of the parties to the marriage annulment process. It canonical interest, not only in the field of procedural law, which is part of yours, but also indirectly for the marriage law. This is an issue that presents ded doctrinal matters of considerable interest, being an area in need of strengthening. The purpose of the study is focusing on jurisprudence defines Spanish after the enactment of the ICC 83. The work is divided into two distinct parts. At the first party, a teórico-doctrinal preferably introductory divided into two chapters, presents legislative developments and the state of affairs in the current doctrine, highlighting differences with the previous legislation. The Second Part of the work is devoted to the Court and is divided in turn into two chapters. The third chapter is a sintésis the position of the Court Rotal Roman on this issue. In the fourth chapter, a critical input of work, makes a systematic exposition of the facts and arguments of research focusing on the causes of canonical nullity of marriage by chapters of incapacity, exclusion and fear. As final conclusions offered some general considerations relating to the three types of chapters of invalidity studied and some particular conclusions regarding each of the three chapters analyzed in the Jurispridencia Spanish postcodicial.

Author: MARTÍNEZ GARCÍA JOSÉ ANTONIO.
Year: 2006.
University: PONTIFICIA COMILLAS.
Place of preparation: FACULTAD DE DERECHO CANÓNICO.

Summary: Study of the Spanish Constitution and the Law 16/1985 of 25 June, Spain's National Heritage, in terms of ownership and priority use of church property and its relation to the Agreement between the Holy See and the Spanish State on Educational and Cultural Affairs, January 3, 1979, on the concepts of ownership and use of priority relating to property artistic church. We study and analyze these concepts in the agreements signed between the Catholic Church and the various government, either state, regional or local. It performs an analysis of court judgments of Justice atienentes to movable or immovable property owned church. Finally, it includes the Law Concordatorio Compared on the subject of this dissertation. The general conclusions attempt to summarize the desirability and uniqueness of this scientific work.

Author: MARTÍNEZ GARCÍA JOSÉ ANTONIO.
Year: 2006.
University: PONTIFICIA COMILLAS.
Place of preparation: FACULTAD DE DERECHO CANÓNICO.

Summary: Study of the Spanish Constitution and the Law 16/1985 of 25 June, Spain's National Heritage, in terms of ownership and priority use of church property and its relation to the Agreement between the Holy See and the Spanish State on Educational and Cultural Affairs, January 3, 1979, on the concepts of ownership and use of priority relating to property artistic church. We study and analyze these concepts in the agreements signed between the Catholic Church and the various government, either state, regional or local. It performs an analysis of court judgments of Justice atienentes to movable or immovable property owned church. Finally, it includes the Law Concordatorio Compared on the subject of this dissertation. The general conclusions attempt to summarize the desirability and uniqueness of this scientific work.