NATIONAL LAW

Author: GARCÍA SOMOSIERRAS JUAN JESÚS.
Year: 2003.
University: NACIONAL DE EDUCACIÓN A DISTANCIA.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: UNED.

Summary: The systematic location of the right to collective bargaining (NC), out of respect of fundamental rights and public freedoms of the EC, together with the ambigà ¼ age of the terms used in the drafting of art. 37.1 EC raised the controversial doctrine to try to determine whether it needed for its realization of brokering legislation. Subsequently, the legislature of 1980 only ensured N. C., performance (Title III ET), whose agreements are binding on all individual and collective relations the area, and time of application. The NC, developed in accordance with the requirements of ET has alcanzdo a large building, however, in addition to his failure has also been desasrrollándose CN without cumplimientar requirements of representativeness required. The TC has repeatedly affirmed "the legitimate legislative option for a collective agreement with general staff efficiency, which in any case does not exhaust the virtuality of the Constitution." After two decades without the constitutional imperative has been exhausted, gave the impression that the Legislature believes that its guarantor role has been satisfied and that seems bastarle with the organizations themselves are the most representative of agreeing how to boost NC Of course, concluded agreements Interconfederales for the Negotiation Coletiva 2002 and 2003, in both shows a clear message of self-reliance among social partners more representative. It is logical,  what organization "more representative" he interesría propose other solutions or formulas NC, which ultimately would have to share part of their privileged position? This is certainly a mission entrusted to the law by art. 37.1 EC. Against this backdrop, the doctrine does not present a theoretical basis uniform. Therefore, the study of the NC, which under art.37.1 EC also have the right to make the representatives of workers and employers, who do not meet the qualifications required by the representative ET, or those still poseyéndola not puedn conclude the agreements covered by the ET not reach the quorum required, focus of this thesis. First, try to find the basis of legitimate legislative option contained in ET basis of a study on the historical evolution of the CN, Spanish, its culmination with the inclusion of Article 37.1 in the existing constitution. Subsequently, the analysis on the development status of the constitutional right to Decline of the social reality of the Decline of limited effectiveness of the various doctrinal positions taken together with the disparate jurisprudence relapse on it, and to confirm the problems raises the imcompleto legislative development of art. 37.1 EC, leading the author to propose, by way of conclusion, a blueprint for Title III of ET, as a legislative option to develop the ample space of art. 37.1 EC. This proposal, which is quite modest, reflecting an approach to the problem of legal regulation of the controversial NC, of limited effectiveness.

Author: FERNÁNDEZ-TRESGUERRES GARCÍA ANA BLANCA.
Year: 2003.
University: COMPLUTENSE DE MADRID.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The thesis discusses a topic from the perspective multidisciplinary civilian specialties succession mortis cause in the status of partner. After justifying the reasons for this economic and legal specialty, are addressed in Chapter I, the concept and characteristics of a member of a society, choosing as a private limited company under review after some general considerations. It focuses work in the Spanish Civil Law common, although abundant quotations are made to civil rights and autonomy in their case, the laws of our environment. We have studied in chapter II, in adequate detail, the mechanism of change in the social partners chosen promenorizando regime transmisivo laws and by-laws. Then, in Chapter III examines the transmission system mortis causa from the perspectives of the residual rights and conventional as well as the specific cause of social dissolution likely taken back to a capitalist society. The breakdown of civil matters involving restrictive clauses in relation to the succession pact, the legal system or mechanism particional. It devotes the next chapter, the IV, the study of society family: her difficult concept, its commercial and civilian characteristics, as well as their instruments of self-regulation, including the protocol family as a conduit for the pact and for the family pact parasocial. Chapters V and VI discusses topics strictly civilian. The V is devoted to the influence of the regime económico-matrimonial in the succession of membership: the residual regime of acquisitions; conventional, whether or not capitulate; norms of the Civil Code and commercial problems in relation to the dissolution the restrictive clauses. The VI, the core of the thesis, studying vertically problems of the succession of partner institutions across most representative: testament, community partition, legitimate, widower's position .. without neglecting business conferring post-mortem preparations for the succession. Particular emphasis is placed on the most recent legal reforms, civil and corporate, including the laws 7 / 2003 and 41/2003.

Author: BLANCO CARRASCO MARTA.
Year: 2003.
University: COMPLUTENSE DE MADRID.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The purpose of this research is to study the concept of mediation as an alternative system of conflict resolution in terms of consumption. There are three parts in this thesis clearly differentiated: The first part refers to the classical concept of mediation from a civilian. It analyzes the contract mediation and brokerage as the essence of mediation without forgetting the comparison with other figures afínes such as leases and construction services. Here we reach the limits of available performance mediator understood from the standpoint of a collaboration contract, as has been recognized by the doctrine and jurisprudence. The second part concerns the concept of mediation as an alternative dispute resolution. Over the past few years emerged with the concept of mediation and other connotations with regard to mediation characteristics analyzed in the first half. Known as the "crisis of the justistica" has promoted the emergence of alternative systems to the court for the settlement of conflicts in many different areas. In this section we try to learn about the characteristics inherent in mediation over other alternative dispute resolution such as arbitration or transaction, as well as to analyze the differences that the mediation has developed as the area in which they develop (family, work or criminal among others). The third and final part focuses on the study of one of the areas where mediation is taking place: consumption. We try to know the rationale and legal recognition of mediation consumption in Spain based on what happened in other countries. We analyze the legal nature of this mediation and compared with other figures from our legal system. The object of this analysis is not only the agreement of the parties to submit the dispute eventually faces the mediation, but also treat the whole mediation process that entails.

Author: ALVES PORTELA ANDRÉ.
Year: 2003.
University: COMPLUTENSE DE MADRID.
Place of preparation: FACULTAD DE DERECHO.

Summary: Specific measures proposed action so far in solving the problems arising from the tax control of electronic commerce could be classified into three distinct groups: A-Action to advocate the creation of specific taxes on electronic commerce. B-Measures advocated the exemption of electronic commerce, which expresses a clear escape from the central issue regarding the tax control in an environment telematics. C-Measures proposed implementation of the existing tax rules with adjustments as appropriate. We defend the adaptation of systematic control of electronic commerce, with adjustments as appropriate: first because the tax is governed by general rules and principles of taxation applicable to all settings in which performs a specific tax, and second, it would involve using techniques already incorporated in the control procedures and tools that have already been employed by the tax authorities. In Specifically, we advocate in this line adoptación of the following measures: A-Adaptation of the infrastructure to control trade by electronic means. B-Adaptation of the systematic control over fiscal intermediaries for the purpose of proceeding to effective action on the intermediaries of electronic commerce. C-Adapting procedures for the collection of taxes to enable revenues virtual environment.

Author: CHAVERRI SUAREZ ALONSO JOSE.
Year: 2004.
University: COMPLUTENSE DE MADRID.
Place of defense: DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Author: GARROTE DE MARCOS M. ANGELES.
Year: 2004.
University: COMPLUTENSE DE MADRID.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO - UNIVERSIDAD COMPLUTENSE.

Summary: The thesis aims at the analysis of the territorial scope of the congressional elections of Deputies. This is one of the most important elements in the functioning of electoral systems and is essential to understand the significance of the current electoral system and their yields Spanish politicians. To address this analysis is part of the review of this element in Comparative Law, in particular in five democracies such as the United Kingdom, France, United States, Belgium and Italy. This examination helps determine the main characteristics of this factor in the context of very different electoral systems and warn the mutual connections between the electoral system and the political system in question. With regard to Spain, analysis of the territorial scope of the election has been divided into three parts. The first one focuses on the description of the space frames used for the political representation of traditional Spanish Cortes, from the thirteenth century until the eighteenth century. The second part covers the entire period of constitutionalism historic, since the Constitution of 1812 until the end of the Franco regime. The study of the territorial scope of the elections during this period has enormous significance for the purpose of the thesis, as it allows to highlight the historical burden it assumes this element in the Spanish political tradition, and show the different schemes used, and representative the adequacy of such schemes space frames. The use of the province as a constituency has been a constant in our constitutional history, either alone or in combination with other districts smaller-distritos-, and has proved to be one of the most important elements to explain the dynamics of elections and policy of the nineteenth and twentieth centuries. The third part focuses on the territorial scope of the elections under the present democracy. This first addresses the trajectory rules of the electoral system since the Transitional until his final articulation of the Organic Law of the Electoral Regime General of 1985, so that they can identify elements configurators and political reasons that have led to the adoption the current electoral system. After evaluating the performance of the political system, with special reference to the system of parties involved, the review focuses on the distortions that respect for the principle of equal suffrage are attributable to the provincial constituency, realizing one of the most problematic issues in the system current election. The survey closes with the approach and evaluate different scenarios for reform to improve the most controversial aspects of the configuration of the territorial framework of the elections.

Author: HOURS PÉREZ JOSÉ ENRIQUE.
Year: 2004.
University: COMPLUTENSE DE MADRID.
Place of defense: FACULTAD DE FARMACIA.
Place of preparation: FACULTAD DE FARMACIA - UCM.

Summary: In all four sides and conclusions of this thesis demonstrates the initial assumption: that dual administrative decentralization registered in Spain during the last two decades (the autonomous communities to internally and externally to the EU and international agencies) has had a more negative impact what will correspond to its role of adjustment and adaptation to the new global environment with regard to pregnancy economic basis of the quality of service pharmacist. This has contributed to the Constitution, adopted just a little more than 25 years and starting point of these processes, lack of a pharmaceutical model, which first studied decentralization has led to the coexistence of 17 different models office pharmacy, but none has received the rating unconstitutional, despite the emergence of numerous resources on the existing regional policy at present. There is a chaos regulatory descentralizaro that, far from developing and enriching the model, distorts legally and, as discussed in Chapters VII, VIII and XIX, economically costly compared to other countries in the EU and USA, despite the apparent advantages Spanish initials of the model. The measures adopted in recent years have had a strong negative impact on the accounts office results pharmacy, with the consequent threat to pirncipales assets accumulated by this model Spanish; great capillarity of the network, quality of service, restraint prices relative to other countries and possibilities of controlling pharmaceutical expenditure increased if they chose more rational policies. However, the negative effects of such impacts can be corrected if acted on the two pillars of service that help build the relationship between the pharmacist with the user: the superstructure rules and the technological infrastructure. In the first instance, by the increasingly necessary reacionalización of regulatory policies, within the limited margins that demographic change will leave in the coming decades of the twenty-first century economic policy convergence and policies more autonomous within each country. In the second, through a strong focus on information technology and communications as basic infrastructure of any relationship and comprehensive.

Author: AZAR EDGAR ELIAS.
Year: 2004.
University: COMPLUTENSE DE MADRID.
Place of defense: FACULTAD DE DERECHO.

Summary: The study of Mexican law in the light of the models compared with those who will have to compete in the international electronic procurement is the subject of the work that begins with these introductory pages and is organized into four partes.La first part is devoted to an approximation contracts generally improved through electronic data interchange and is structured into three capítulos.El one focuses on the study of the impact of electronic commerce on the current information society and communication, the second emphasizes the problems derivatives of security and protection in electronic commerce and concludes with a chapter that focuses on the phenomenon of globalization and its impact on electronic commerce, where the emphasis is on the specific aspects of international law privado.Los different models of domestic and international regulation constitute the object of the second part, which in turn draws attention to universal international regulation, with a atencción especially inthe regulatory models developed by the Uncitral.Tras this research study stops at the European experience with a strong focus on the prospects that have deparado Directive 1999/93 electronic signature and Directive 2001/31 on legal aspects of society services the información.El paragraph closes with the study of the guidelines of the different national regulations on electronic commerce, with an emphasis on the American model and the Spanish parallel to the evolution that is occurring in certain Latin American countries argentian, Chile, Colombia, Ecuador, Peru and Venezuela. The models that are bound concerning the study of the Mexican Federal Law that takes place in the Third Party, divided into five chapters and core of the thesis. Harmonious In interpreting the provisions of the law of electronic contracts and civil mercantirl content the CC and Ccom Mexican charged a reference instrumental main Rights French and Spanish, bonds and contracts that reflected the lines of the European directives and electronic, indirectly Uncitral's, which has reported around the law actual.Asímismo, the similarities between the General theory of obligations and contracts with the Mexican Spanish is in their common antecedent French nineteenth century, Mexican law allows attract some of the positions advocated in the European approach to Mexican law, ocn reinterpretation and the consequent enrichment of some of the proposals performed so far on the various regulatory aspects contractuales.La thesis closes with a final section devoted to the methods alternativoa to justice for the settlement of disputes, which some of the problems posed by the intervention of a third party in disputes where part of the problem is presented by the intervention of a third party in disputes focusing on electronic commerce and new forms of communication in the network and arbitration.

Author: TENORIO ADAME MANUEL MIGUEL.
Year: 2004.
University: COMPLUTENSE DE MADRID.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: What this research work proposed is the hypothesis of a concept of security and defense of the State and its projection com in the Spanish Constitution 1978.En which combine the best precepts dumped in the fundamental law in its organic and dogmatic; resulting in the strengthening of why the Spanish State finds its structure from that key legislation on safety and defensa.Las assumptions that we raise is projected at five chapters pretendenn develop argumenteos that hold the concept of security and defense of the State as follows: A) The first chapter raised the evolution of the seguriadad and defending social groups across different pensafores of history that have left their mark on our theme with the corrspondiente redimensión the birth of the State, analyzing the effect that it had on the various legal and policy approaches of the authors. B) The second chapter what specialize in the study of the relationship between security and defensea as finmedio and corresponding comparison between the concepts of security and national defense and security and defense of the State. C) The third chapter warns constitutional existence of the security and defense of the state, which studied through the principle Liberal civilian supremacy and laproyección it in the Spanish Constitution of 1978 in various articles of the Basic Law. D) The fourth chapter shows the real problems that can bring the elements of integrated security and defense in the dogmatic and organic part of the Constitution, the approach of practical cases which were resolved by bodies character judicial.El analysis boils down to the impact of the security and defense of the state vs.los rights and freedoms. E) In the fifth chapter we just show the potential challenges in the field of security and defense that the Spanish and European environment will be resolved in the short and medium plazo.Nos referring to the new legislation on security and defense; adoption the future constitutional treaty for a European Community policy in our theme, as well as the distance shown by US and Europe on issues of security and defense. The proposal developed here is a tenet of security and defense, which is based on the organization and functioning of the same State, which has as its center of the Constitución.A from heading the characteristics of each State to adopt in its basic law, it you need to cultivate the appropriate security that is necessary for this political organization alive and it is carried out, it will have to involve various political actors that the people wanted to be as ejerciente of sovereignty.

Author: PATIÑO ALVES BEATRIZ.
Year: 2004.
University: COMPLUTENSE DE MADRID.
Place of preparation: FACULTAD DE DERECHO.

Summary: The purpose of this paper is the analysis of systems of self-regulation on advertising and their effectiveness. To do this, first discusses the types of advertising regulation system such as state regulation, co-regulation and deregulation. After a brief analysis of these forms of regulation, self-regulation is studied advertising, which consists of four components, namely: voluntary group of members who make up the advertising industry, processing by the same about ethical codes of conduct or , creation of a supervisory body responsible for enforcing codes, and finally the ability to sanction residing -fundamentalmente- in that body control, which may run its sanctions on its members. Based on a study of the common law in this area and its evolution towards co advertising systems, which take on a role of the public authorities, the analysis of this work focuses on Spanish law and the application and development of advertising self-regulation systems, with a detailed examination of the Association for the Self-Commercial Communications. It will examine its structure, operation, and particularly the work of the jury of that Association through its rulings since 1996.

Author: NAVA ESCUDERO OSCAR.
Year: 2004.
University: COMPLUTENSE DE MADRID.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The lack of budgetary provision in the economic obligations which celebrates administration with individuals has become the main obstacle hindering the normal development of the administrative procedure of public spending. In the case of judgments condemning the administration to pay a sum of money, lack of budgetary provision to deal with such an obligation recrudecen significantly because of the strict application of the principle of division of powers, the budgetary and legality of the inembargabilidad of public goods, coupled with other privileges enjoyed by the administration from its imperium prevent judges and courts to execute judgments, according to the basic rule requires in Article 24. In response to the above, proposed a series of measures in order to enforce the administration with its obligations without legal procedures available to pose a bias in this respect. Sometimes the Lege Data, sometimes Lege Ferenda, develops a scheme based on the effective protection of genetic rights of creditors of public finances, which requires a move away from the doctrine jurídico-financiera who interpreted too literally the new law generally Budget. Here, with support in the law courts and the constitution itself is looking for a more lenient with such interests, without implying affectation or "encorsentamiento" of the activity of public expenditure of public administration.

Author: GARCÍA CARRETERO BELÉN.
Year: 2004.
University: COMPLUTENSE DE MADRID.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: DEPARTAMENTOS DE DERECHO FINANCIERO Y TRIBUTARIO.

Summary: As a result of the current picture in which we are characterized by a constant flow of people, capital, goods and services between countries, the criteria for fixing the rules tribuitaria state plays a key role. The residence is the criterion for fixing to go to most countries and their correct configuration depends, in large measure, the resolution of various problems that are generated on the domestic and international levels. The determianción of residency in internal matters is essential, and in this sense, it must start from a basic premise: residence is the factual question that must be analyzed case by case basis taking into account all the circumstances concurrentes.No however, because of legal certainty must be identified from a series of circumstances normatively previstas.Estas circumstances should reflect the existence of a link between the subjective element of tax and the State, which also must be able to link be described as effective in the sense that shows a real connection between the subject and territory.

Author: FUENTES NAHARRO MÓNICA.
Year: 2004.
University: COMPLUTENSE DE MADRID.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: Our general right of companies is designed to regulate the functioning of independent companies, both legal and economically. Because of this, our system only notes mechanisms for the protection of creditors in response to a social reality that disappears when its debtor company is integrated into a group. In this case the legal system designed for the corporate independent company ( "Island") is not enough to cover all the dangers for the assets of the company and its creditors represents the new economic reality (the control group) in which the company is integrated . This translates into a kind of "tort comparative" of the creditors of companies with respect to the group of independent companies. The aim of correcting this "tort comparative" and equate the protective regime of creditors of the company to creditors group of independent companies, has presided over this job, but has not been that the only purpose in it. Our research assumes that the reality of the group and the pursuit of self-interest business is a factor that can obviate any legal construction, moreover, that any legal construction should promote and legitimize. Therefore, we have directed our efforts to develop a legal regime, desde una perspectiva de lege lata, while this is possible, that combines both properly, that is, allowing the group to conceive as a reality autonomous, efficient and legitimate, allowing and encouraging the operation or her on the one hand, without leading to a detriment to the protection of creditors who directly or indirectly may be affected by this operation, on the other hand.

Author: MENDOZA ESCALANTE SANDY.
Year: 2004.
University: COMPLUTENSE DE MADRID.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The aim of the thesis is the study of the treatment of the conflict between freedom of expression and information and the right to honor. This is a comparative research of case law in this regard has been developed by the constitutional courts of Spain and Germany. The context within which the analysis is performed is the Theory of Fundamental Right. The three central problems to be discussed are: The criteria for the resolution of such conflicts, the methods (or weighting subsumption) to solve the same problem, and finally the possibility of incorporating the analysis of the "intensity of intervention ".

Author: GARCÍA ANDRADE GÓMEZ JORGE.
Year: 2004.
University: COMPLUTENSE DE MADRID.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The first part of the work deals with those Spanish and European regulations issued in the last decade of contract rules that extend dela procurement to private subjects, both instrumental in the civil service to private subjects, both instrumental in the civil service as genuine individuals they have gained some advantage ella.El result is that a plurality of private subjects are subject to administrative law in the selection of contractors. This application of the rules on public procurement to the private subject has been limited to the stage of identifying contractor, but has not extended the figure of the contract to private subjects. To try to explain this phenomenon is estudjian the historical background of the administrative contracting. The second part of the investigation examines whether it is possible under our law that the courts enjucie the contracting activity of the private subjects. To this end, we studied the evolution of disputes in the second half of the nineteenth century, where it turns out that in its origins administrative justice both trials admitted to the administration as to subject private subjected to administrative law. Finally, we will study whether the existing legislation may order Litigation hearing the enjuciamiento the contracting activity public private subjects, which proposes an evolutionary interpretation of the law that supports such a prosecution based on the historical background , in the specialization of administrative justice and in the actual wording of some of the provisions of the law regulating the courts.

Author: CEDILLO LÓPEZ LUIS.
Year: 2004.
University: COMPLUTENSE DE MADRID.
Place of preparation: COMPLUTENSE DE MADRID.

Summary: The purpose of the research is the analysis of the figure of the "Concession Management" on taxable capital transfer tax and inheritance documented legal Royal Decree-Law 1 / 1993. Work wants to highlight the casuístivay problematic liquidatoria of administrative concessions to offer solutions that avoid legal uncertainty of the taxpayer. The main difficulty of the investigation was finding the criteria to shoot or not within the taxable Done studied the multiple business públicos-semipúblicos -privados performing the various Regional Public state, or local community, governed by rules changing and influenced by the legislation liberalizing europea.El shift to the field of tax administrative concepts of "public service" and "public domain" with its wealth of nuances is very complex. The study begins with some historical notes about the figure of the "Concession administrative" and a brief history of the taxation of that figure in the taxable capital transfer from his birth in the year 1900, with the Reform Villaverde, with the various subsequent amendments. It continues with the analysis of Tribute, putting the emphasis on the taxable Done, and the concept of conscesión administrative, and its various manifestations, demaniales public service concessions, the law of land, desacción marsh, public works, industrial fishing and farming. This is the specific problem of the characterization and the equiparaciones article 13.2 passing to study each element tribuitario: base impolible, type taxpayers, exemptions and rebates, income, prescription, return of erroneous payments and territorial powers. It ends with a few conclusions and proposals on the major problems and possible solutions.

Author: FUENTE LAVIN JOSE MIGUEL DE LA.
Year: 2004.
University: PAÍS VASCO.
Place of defense: ESCUELA UNIVERSITARIA DE RELACIONES LABORALES.
Place of preparation: FACULTAD DE DERECHO.

Summary: THE GENERALITY OF THE PROCESS OF PENSION REFORM IN EUROPE IS BEING REALIZANDO WITH AN ORIENTATION MARCADAMENTE FUNCTIONAL, OBVIANDO THE REFLECTION ON THE PURPOSES OF THE REFORMS. WHILE THE PENSION SYSTEM REFORMS TO THEIR DEMAND FOR NEW FITNESS FACTS SOCIAL, THE DEBATE IS ARE CIRCUNSCRITO TO FINANCIAL MEANS. SINCE THE DECADE OF THE NINETIES WERE GIVEN THE PAST CENTURY PLACE IN THE GENERALITY OF THE COUNTRIES OF THE EUROPEAN UNION REFORM OF PENSION SYSTEMS TO AN APPLICATION DUE TO VERY PHASED, ARE PRODUCIENDO EFFECTS ESCASAMENTE VISIBLE, BUT VERY REAL ON THE LEVEL THE OVERALL SPENDING IN PENSIONS AND ON THE SAME AMOUNT OF INDIVIDUAL. IMPLEMENTATION OF THE CONCEPTS OF NEUTRALITY actuarial AND CONTRIBUTIVIDAD, OWN PRIVATE CAPITAL IN THE REFORM OF THE SCHEMES OF PUBLIC Cast ERRADICAN GOOD PART OF THE ASPECTS REDISTRIBUTIVOS AND SOLIDARITY OF SYSTEMS Cast. INDUSTRIALIZED COUNTRIES HAVE THE ECONOMIC ENOUGH FOR ADDRESSING THE INCREASE OF EXPENDITURE ON PENSIONS FOR THE AGING POPULATION.

Author: CALVO CALVO M.CARMEN.
Year: 2004.
University: COMPLUTENSE DE MADRID.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The starting point for this thesis has been the idea synthesized in the words of Lord Acton that power always corrupts, and when it is absolutely corrupts absolutely. Corruption appears before our eyes as a complex phenomenon, multiple and inabarcabel, and therefore difficult to submit to the discipline of derecho.Tomando reference to the Spanish political history I have devoted the greatest efforts in this study to conduct a sort of phenomenology descriptive specific cases without seeking obviously to build a general theory of corrupciónn politics, but also without forgetting that analyzes phenomena individuals acquire meaning only when they are approached in the set and all the elements that condition. He has been the analysis of such varied and complex phenomenology of corruption that the abduction of the sovereign will of the people, who in the nineteenth century perpetraton bourgeois, would be the same as in the State party, went to perpetrate parties políticos.Sólo now with more novivas and alarming consequences for the legal structure of Democracy Constitucional.Aunque the intrinsic nature of corruption remains the same, its external manifestations have purchased, at run time, the most varied forms.

Author: COLPAERT ROBLES REYMER JUAN.
Year: 2004.
University: COMPLUTENSE DE MADRID.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The research raises the study of the development of criminal thinking from the relevant contribution of jurist vallisoletano Fernando Vazquez of Menchaca who in his most significant deals with legal problems, including jurídico, from the perspective of early modernity questioning interference the scholastic theology in the field of law. Thought theological he had made in the Golden Age supremacy and dominance, which enabled him to raise specific solutions to issues of his time, such as the American theme, in key theological validity of suspicious even for his time. Similarly, in the evolution of thought out criminal practices as legal genre since its emergence in the last third of the sixteenth century and virtually until after the coding are, despite their low conceptual baggage, an interesting testimony to the connection between Law and reality, absorbing not only the legal problems but the cultural references of his time. An impact on the practices humanism, the Enlightenment and the need for consolidation criminal restraint by the penalties as well as the abolition of torture as a key agenda court. Interdiction of torture that led to an interesting and lengthy debate, in which among other authors of the Mexican Lardizábal and Manuel Uribe, whose origin is probably in the reformist impulse of the work of peruan Pablo de Olavide which, in the beginning his career public by the implementation of control measures predelictual on poverty and later in the first modern reform of the Spanish university of important consequences in Latin America. The stage connects with the contemporary modern through] to concern prison reform, which paradoxically does not consider the success of Olavide in the management of prisons, deriving at least in proposals for administrative and architectural character with a slight reference the prison work and its positive impact on the individual: correccionalismo. Aspect with the krausismo achieved a unique evolution. Pedro Dorado Montero combining correccionalismo with postulates positivist doctrine develops alternative criminal law based on] to danger, then influeru: iay development of Luis Jimenez de Asúa was composed in some respects in consolidation criminal iberoamericana. The krausismo, on the other hand, was in the works criminal Luis Silvela direct application that was a setback in the dogmatic theory instituted since the term of "unintentional offense." Because of the influence of krausismo, gave the subjective aspect of the crime, "intention", the excessive value; therefore suggested to the criminality of the attempt as a crime, presumed valid sentence for aggravated error in person and admitted the legitimacy the versari in re illicita when the dogmatic decimonónica mostly excluded rightly so far and even admitted the validity of the "error ban" under the Criminal Code.

Author: CRESPO RODRIGUEZ JOSE MARIA.
Year: 2004.
University: CÓRDOBA.
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The study on "the administration of the collective agreement" born with the aim of analyzing in detail the extent to which the self-management of the commitments made in the collective agreement is possible in our system and what is their status. It has deepened in the study of the possibility that the agreements contain provisions in its articles to allow individuals who signed endowed with the necessary authority to manage the commitments made therein, either enabled the updating of the collective will during his force or acquiring tools that will solve those conflicts application or interpretation that may affect the operational practice of their contents. Particular emphasis has been placed on the analysis of the many agreements that affect the convention gestinándolo, thereby contributing to clarify a picture already confusing and deregulated as is conventional in the administration to be emphasized that the work collective autonomy is taking the time to realize how self-management of the convention and what can be a material scope of use.