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NATIONAL LAW (2)

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46 theses in 3 pages: 1 | 2 | 3
  • THE SPECIFIC LEGAL LABOR HOSPITALITY INDUSTRY
    Author: GARCÍA DE LA ROJA CECILIO.
    Year: 2004.
    University: REY JUAN CARLOS [www.urjc.es].
    Place of defense: FACULTAD DE CIENCIAS JURÍDICAS Y SOCIALES.
    Place of preparation: UNIVERSIDAD COMPLUTENSE.
    Summary: The dissertation examines the specific industrial sector on the production of important significance to the Spanish economy, as in the field of gastronomy. From a practical perspective explores the framework of this plot jurídico productive, providing special treatment on the structure dealing, and in particular the "labor agreement the state level for sectordela hospitality", given their characteristics and peculiarities, presents a complexity in their management and conventional materials in the treatment of its content. From this perspective, the thesis includes an exhaustive study of the different working conditions, among which, significantly subjects like the grading system, the wage structure and the recruitment system.
  • THE MORTGAGE LOAN APPLICATION OF THE LAW OF CONTRACTS IN THE FIELDS OF PREVENTIVE LAW
    Author: GARCÍA-ESCÁRZAGA GONZÁLEZ FRANCISCO JOSÉ.
    Year: 2004.
    University: DEUSTO [www.deusto.es].
    Place of defense: FACULTAD DE DERECHO.
    Place of preparation: FACULTAD DE DERECHO.
    Summary: The work deals with the application is submitted, in cotrato mortgage loan, the modern law of general recruitment only in the field of preventive law. By failing to be our intention, it is not aspects of contract law generally in the field of litigation, as we all know, is judicial matters. What legal operators involved in the field of preventive contract chosen: the notary who drafted the contract, documentador the title accesses the property registration and the registrar of the property that, like the judge, is an applicator of the law. Only that this application is limited to the scope preventive or her, that is based on qualification and registration concerning clauses, not facts. It is normal in the content of the modern mortgage, we study one set of clauses, the collateral negotiated compacts, which predisposed to come by acreedor-hipotecario are in the nature of general conditions of contract. The study of the general conditions set forth in the mortgage loan is done through instruments that has used the doctrine and jurisprudence, from the traditional right to regulate legally this modern phenomenon of contratacion. We refer to the requirements for inclusion and, above all, the control of content through the general clause in good faith, which has had influence German law in the management of the countries in our circle of culture. Of great interest is the detailed study of the case to focus on the same concept as empirical contribution of this work to our overall recruitment Law: 'cause or teleological' as a tool to control the content. This concept of cause refers to the end, with the incorporation of the general condition, predisposing expecting. Once set in the first part of the thesis contours mortgage (structure, configuration presented, their legal status based on the right recruitment, etc.). We have studied in detail the specific field of general recruitment (part of the work). Developed in the third part of the thesis adapting these tools to specific area of law preventive mortgage: the figure of notary authorizing writing mortgage and especially the registrar's property that includes the right of mortgage.
  • THE LAWYERS AND SOLICITORS OF EXTREMADURA TIES WITH ITS REAL AUDIENCE (17500-1900)
    Author: MARTIN JIMENEZ DE MUÑANA MIGUEL.
    Year: 2004.
    University: EXTREMADURA [www.unex.es].
    Place of defense: FACULTAD DE DERECHO.
    Place of preparation: FACULTAD DE DERECHO.
    Summary: The thesis seeks to establish the guidelines for the evolution and development of the research study, lawyers and solicitors of Extremadura, from the date of its inception until the end of the nineteenth century and especially, linking them are the Royal Audience Extremadura
  • THE CIVIL SERVICE, THE PHENOMENON OF LABORALIZACIÓN AND ITS IMPACT ON THE RACE AND ADMINISTRATIVE STABILITY
    Author: HERRERA DE VILLAVICENCIO BLANCA ARGENTINA.
    Year: 2004.
    University: COMPLUTENSE DE MADRID [www.ucm.es].
    Place of defense: FACULTAD DE DERECHO.
    Place of preparation: FACULTAD DE DERECHO.
    Summary: The thesis provides a study on a current event: the laboralización in the Civil Service. One of the realities of today. It also offers a study on the stability and even in comparative law. The work from the point of view of comparative law is almost exhaustive as regards both countries as a United State of Europe.
  • INTERNAL CONTROL OF THE LEGALITY OF THE FINANCIAL AFFAIRS OF THE GENERAL ADMINISTRATION OF THE STATE
    Author: VALCÁRCEL RUBIO JAIME.
    Year: 2004.
    University: COMPLUTENSE DE MADRID [www.ucm.es].
    Place of defense: FACULTAD DE DERECHO.
    Place of preparation: FACULTAD DE DERECHO.
    Summary: The aim of the thesis is to review the system of internal control within the government, in particular the prior control of legality, and the legal nature and effects of the act of control, a means of conducting this control, in order to show their need for the existence of an effective system of control over public spending, because of their importance as a financial guarantee of legality. The work is divided into eight chapters. The first refers to the basic aspects of the principle of legality of the administrative activity. In the second, after setting which includes financial activity of the Administration, defines what is the object of the financial law, and the specifics of the rule of law with respect to the financial principle of administrative law. In the third chapter refers to the legal relationship of public spending, administrative act and the administrative procedure for execution of public spending. In the fourth chapter highlights the limits imposed by law to act as financial management, the requirement of prior budget cover for the conduct of public expenditure, and in connection with this question of birth and the enforceability of the obligation economic, and the responsibilities that may arise from the lack of budget. In the fifth chapter discusses how to tailor the different types of external control of the legality financial, political made by Parliament and by the Court of Auditors. In the sixth chapter describing the internal control of the intervention of the General Administration of the State, with particular reference to the peculiarities of accomplished in the field of the Armed Forces. In the seventh and eighth chapters highlights aspects of the legal nature of the act of control and its effects. It defends the thesis that the act of control is of a different nature to that of an administrative report and that its main purpose is not to illustrate the decision-making body but to ensure the legality of administrative acts with economic impact, legality financial circumstances by the that law gives you some important effects, such as the suspension of the procedure in cases of disagreement or objection to the intervention with the procedure of public spending. It also examines the failure to act when it is mandatory control and the effects that it produces. There is a final chapter where concretize the most essential conclusions, referring to each of the eight chapters which has divided the work, in addition to a critical end.
  • THE REGIME JURÍDICO-TRIBUTARIO THE REMUNERATION OF PLAYERS.
    Author: RELEA SARABIA LUIS ANTONIO.
    Year: 2005.
    University: CANTABRIA [www.unican.es].
    Place of defense: FACULTAD DE DERECHO.
    Place of preparation: FACULTAD DE DERECHO.
    Summary: Based on a study of the overall taxation of players, which, together with the applicable tax rules themselves are analyzed for best interpretation of these general principles of law, constitutional provisions, such as those governing the right to work or the image, as well as concepts from other legal disciplines, including the working arrangements of athletes and doctoral thesis done indicates multiple deficiencies and inconsistencies in the general rules of personal income tax at the time of its application to the economic and social reality the players, as well as pointing gaps and deleterious effects they produce little specific legislation at their disposal, providing, finally, another opinion other than that sustained by the parties in conflict, and sometimes by doctrine, to resolve disputes, various and high economic importance, which are still awaiting a final ruling by the courts. Highlight the study of the defining criteria of tax residence of footballers on the exemption of some of its income on the excess taxation that produces the low durability of the same or non-deductibility of some of its most important expenses, on gaps in their incomes special, and with greater intensity, on income from the exploitation of their image, with particular depth in some anomalies contractual used for obtaining it. One consequence of all the gaps, inconsistencies and pernicious effects that the author discusses its proposal for approval of a special tax regime or, perhaps better, an introduction into the general scheme of a series of special rules that address the peculiarities of the activity of footballers, in some cases simply to qualify the general criteria and others in order to give players special treatment by producirles the generally applicable opposite effect to the tax justice.
  • THE PERSON IN THE SYSTEM OF CRIMINAL PROCEEDINGS. SINGULAR CONSIDERATION OF THE FIGURE IN THE SHORTENED PROCEDURE.
    Author: RENEDO ARENAL M. AMPARO.
    Year: 2005.
    University: CANTABRIA [www.unican.es].
    Place of defense: FACULTAD DE DERECHO.
    Place of preparation: FACULTAD DE DERECHO.
    Summary: The research aims to demonstrate, resolutely, the existence of a legal status porpio of accused instructor at the stage of the criminal justice process, as well as its conceptualization, distinguishing the figure under consideration for other possible post for which cross the subject liabilities of the relationship legal proceedings over the process, and differentiating also subject suspect, understood as a different reality and after the defendant's own. It proposes a concept of the accused, from where it carries out the análidis of the figure, focusing on the quality of parties to a case that is preached from the institution studied, and the study focuses on the simplified procedure, as in the regulatory framework that will raise more sharply, the problems of the accused, in the absence of the same in a formal resolution indicating the particular time of the birth of that status. Once defined the terminology problem by defining the institution from a few basic premises, which will constitute the core of this definition, according to which the accused is the person alive, individualized previmamente, although not necessarily identified with a capacity enough to be part and intervene in the proceeding deliberately, and legitimized by directed against it an act of complaint particular organ instructor, which he attributed to possible involvement in criminal appearance with a few facts that once it is reported , is subject to such a passive part in the process, a status shape itself within it that allows such a subject, since that time, active participation in the proceedings and the right of defense, in all its fullness, until you place the lifting of that status, either mediente the desimputación express disappear evidence that led to such attribution or directed against them by the prosecution, trasformándose a defendant.
  • LEGAL REGULATION OF THE NATIONAL MILITIA AND THEIR IMPLEMENTATION IN CASTELLON.
    Author: UREÑA ZAPLANA MARIO.
    Year: 2005.
    University: NACIONAL DE EDUCACIÓN A DISTANCIA [www.uned.es].
    Place of defense: FACULTAD DE DERECHO.
    Place of preparation: UNED. FACULTAD DE DERECHO.
    Summary: The Militia national investigated, some were armed corps of a political and military nature, in the first aspect defended the liberal spirit of the Constitution of 1812, against absolutism, and in the second, order and tranquility of the people as a sort of local police. The legal regulation was articulated in a series of regulations, which are generally approved by the Cortes, with the news that their commanders were elected for a vote among the militiamen of each unit, this militancy was not paid, there was no professionalism each exerting his career and, conditional upon discipline in the military only acts of service. Since these regulations were, according times, very advanced or on the contrary, it was a weave and destejer until the end of the institution, after almost three quarters of the nineteenth century. The implementation Canellón was marked by his fight against the Carlists as an outgrowth of absolutism, especially Lucena and Burriana in favor of the Militia, and Morella, who defended the Carlism.
  • CREDITORS SOCIAL PROCESSES BEFORE MERGER AND SPIN-OFF OF JOINT STOCK COMPANIES: PROTECTION INSTRUMENTS
    Author: ESTEBAN RAMOS LUISA MARÍA.
    Year: 2005.
    University: VALLADOLID [www.uva.es].
    Place of defense: FAC. de DERECHO. UNIV.DE VALLADOLID.
    Place of preparation: FAC.DE DERECHO.UNIV.DE VALLADOLID.
    Summary: HE BRINGS OUT A SURVEY OF REGULATION, WHETHER AS A FOREIGN NATIONAL OF THE INSTRUMENTS OF SOCIAL PROTECTION FROM CREDITORS TO THE CONDUCT OF OPERATIONS OF MERGER AND ESCISIÓN. IN ADDITION, THE PROPOSED SOLUTIONS TO BE ESTIMAN MORE OPORTUNAS AND THAT COULD BE CONSIDERED IN LEGISLATIVE REFORM POSSIBLE
  • THE LEGAL STATUS OF THE WORKER EXTRA IN SPAIN
    Author: FERNÁNDEZ COLLADOS Ma. BELÉN.
    Year: 2005.
    University: MURCIA [www.um.es].
    Place of defense: FACULTAD DE DERECHO DE LA UNIVERSIDAD DE MURCIA.
    Place of preparation: FACULTAD DE DERECHO DE LA UNIVERSIDAD DE MURCIA.
    Summary: The emerging immigration has become in recent years one of the main issues of concern at the political, social, economic, legal and labor. The net migration has reached historical quotas in a country traditionally immigrant in which immigration is presented as a novel phenomenon to the urgency of providing an effective response shortly. The investigation is limited to legal, specifically the Labor Law and Social Security, since immigration is basically labor, which is why the analysis of the rights and duties that are the worker's legal status in Spain pose an extra the most significant aspects of the Aliens. Appearance that was hardly touched by the doctrine that has occupied most of the administrative procedures of entry and exit. The research report is structured in three parts: Foreigners' Rights and the labor market; Workers' rights abroad, and administrative organization of the work of foreigners. The first part entitled: Foreigners' Rights and the labor market is divided into two sections: one on the legal regulation of aliens throughout the ages and one on the European Union to the phenomenon of immigration. The first chapter is intended to give an overview on key histórico - jurídica what has been the regulation of aliens from the Dominican Republic to November 17, 1852 and the DR of January 16, 1931 to the current regulations. Compilation with that show historical and legal aspects of the current legislation essential to understand the present regulatory landscape and the causes of instability which characterized, concluding that there is no perfect formula for regulating migration flows entailing the eradication of illegal immigration. In the second chapter: The European Union at the phenomenon of immigration is a fleeting historic tour which has been Community action in this matter in order to determine whether it is possible to reach a common policy within the EU European immigration, solving that although the objectives and achievements have been many important and can not be said that there is a real common European policy on immigration. The second part entitled: Workers' rights abroad includes three chapters keys for the purpose of the investigation: The right to work; The collective rights of non-EU workers and the foreign worker to the Spanish social security system. In the third chapter on the right to work to define the concept of foreign worker and questioning the right to work by foreigners and their restrictions. According to the criterion set by the constitutional jurisprudence based on the art. 35 EC, the right to work is a legal right configuration only preaches to the Spanish, considering that this is not an inherent right to human dignity, which is why it can be modulated through the Treaties and Law , allowing inequality in access to employment that the LOE materializes in the requirement of an administrative authorization to work under the principle of priority of the national job market. In the fourth chapter devoted to the collective rights of foreign workers, examines the right of foreigners to freedom of association, to strike, to the unitary representation and association, the meeting in the company and collective bargaining and connecting with their status by advocating the unconstitutionality of art. 11 LOE that restricts the exercise of the rights to freedom of association and to strike the 8 extranje 186b ests in a situation of irregularity. In the fifth chapter on access of foreign workers to the system of social protection Spanish reflects on the right to social security, social assistance and health care, regardless of the situation regularly from abroad. As for the level of contributory social security system, access of foreign workers remains under the situation regularly, because in order to join, register and pay contributions is needed permission to reside and work as follows the legislation in this regard and its own jurisprudence. However, foreign workers are protected by the social security system still lacked authorization to work in the case of contingencies professionals, in accordance with the Convention. 19 and the Recommendation. 25 of the ILO, for equal treatment in respect of accidents at work and the arts. 36.3 and 57.5.d) LOE. In this regard the Board has expressed IV of TS in the judgments of June 9 and October 7, 2003, equating these cases with those of nationals working in an irregular manner by not being discharged or contribute to the Social Security and suffering from a contingency professional, in which case the principle of high and full of automaticity of benefits. In terms non-contributory, LO 4 / 2000 has established equal treatment because his art. 14.1 remove any discrimination on grounds of nationality in relation to such benefits by repealing the provisions implicitly by the LGSS in art. 7.5. With regard to social assistance, though its regulation in the LOE has assessed positively, it could not overcome poor legal technique employed in the drafting of art. 14 because of the difficulty in distinguishing between interpretive benefits and social services general and specific. And in health care for foreigners LOE extends the right to aliens in a regular situation, as those who are in an irregular situation but are registered in the place of habitual residence. However, the entry in the census is not the most appropriate measure for access to the health-care benefits, but simply be a minimum requirement of control to prevent the abuse, and the pattern is not suitable for attribution rights in a field distinct from purely civilian, as the wording of Art. 18.2 LBRL and illegal aliens do not usually provide information for fear of being deported, that risk has increased significantly as a result of the reform of the LBRL by the LO 14/2003. The third part entitled: Administrative organization of the work of foreigners comprised three chapters: Access to the employment of non-EU workers in Spain; Authorizations for paid employment, and the infringements and penalties. In the sixth chapter on access to the employment of non-EU workers are briefly noted the entry of foreign manpower and situations of foreigners in Spain focusing on the analysis of the forms of access of foreign national labor market, considering such as, alongside traditional routes: the individual's application for permission to reside and work in Spain and the contingent of foreign channels are completely independent, as has clarified the TS, like other newer Bilateral agreements in recent times have acquired special interest as a gateway to the nationals of these countries to Spanish labor market, which somehow involves the selection on grounds of nationality of the foreign workers and the regularization, regardless of their nature ordinary or extraordinary, despite constitute clear evidence of the failure of the regulation of migration flows are essential to combat irregularities that seem very encouraging. In the seventh chapter discusses only permits for paid employment, with a special consideration, in the last section, for the purposes of employment relationship with foreigners without authorization to work in accordance with Art. 36.3 LOE, which despite being reformed by the LO 14/2003 only comes to consolidate the case law that recognizes irregular foreign workers the right to receive wages for the time worked, to be compensated in case of unfair dismissal; to interim wages; to demand accountability to Fogasa and, as appropriate, to benefits arising from accidents at work and occupational diseases, because despite the new wording after the LO 14/2003 abroad illegally are unable to access benefits the social security system, with the exception of contingencies professionals, because otherwise become art. 36.3 LOE in connection with the art. 57.5. D) in a formula extraordinary regularization of foreigners. In the eighth chapter, which deals with violations and penalties, infractions are classified as: violations abroad as such infractions as foreign worker, the employer violations, violations that can be committed by the employer or by a third party and breaches of the carriers, for the purpose of influencing primarily on violations in the workplace.
  • RETHINKING THE LEGAL NATURE OF THE CONTRACT OF SAFETY DEPOSIT BOXES FROM A RECONSIDERATION OF THE DUTY OF SECRECY. SPECIAL REFERENCE TO THE RESPONSIBILITY BANK.
    Author: ALVAREZ RUBIO JULIO.
    Year: 2005.
    University: CANTABRIA [www.unican.es].
    Place of defense: FACULTAD DE DERECHO.
    Place of preparation: FACULTAD DE DERECHO.
    Summary: The work raises the analysis of the legal nature of the contract of safety deposit boxes from a new perspective that places the secrecy as one of the basic aims of the business and as the goal difference and truly singled to contract other figures close. This approach reinforces therefore, the importance of the transfer for use in the structure mandatory, as the vehicle prestacional guaranteed, ultimately, the secrecy and reserves around the operations carried out inside the passenger compartment. This makes the contract is treated as a lease complex things, because of the natural flexibility of the location as well as the incorporation of extraneous to the same benefits as specific to the leased or arising from the condition bnacaria the lessor. It also poses a liability regime especially compounded for the bank, given the double guarantee natural and administrative singled contract.
  • EXECUTION UNIQUE CREDIT AND BANKRUPTCY WORK. CONCURSUS EJECUCIÓNES
    Author: Bajo García Irene.
    Year: 2005.
    University: ALICANTE [www.ua.es].
    Place of defense: Facultad de Derecho.
    Place of preparation: Universidad de Alicante.
    Summary: REFORMING THE LAW CONCURSAL OF 2003 HAS AN ALLEGED MODIFICATION SUSTANCIAL OF LEGAL REGIME TO ENTONCER APPLICABLE TO THE IMPLEMENTATION OF CREDITS IN STATE OF INSOLVENCY ENTERPRISE. THIS PARTICULAR CIRCUMSTANCES AFFECTS THE CREDITS LABOR, WHOSE IMPAGO IS FREQUENT IN CASE OF CRISIS OF THE COMPANY. PRIOR TO REFORM CONCURSAL THE IMPLEMENTATION OF CREDIT LABOR PERMANECÍA THE MARGIN OF PROCEDURE FOR SUSPENSION OF PAYMENTS OR QUIEBRA, UNDER THE PROVISIONS OF THE ART. 32.5 ET. AT PRESENT, THE GENERAL RULE UNDER THE LAW CONCURSAL IS THE INTEGRATION OF CREDIT IN LABOR PROCEDURE TO TENDER FOR THEIR PERFORMANCE AND IF THAT IS POSSIBLE, SATISFACCIÓN.EL THIS WORK IS THE OBJECTIVE ANALYSIS OF THE IMPLEMENTATION OF CREDIT WHEN LABOR CONCURRENCIA SEVERAL OF THE CREDITS ON SAME PLACE HERITAGE DA TO THE DECLARATION OF THE CONTEST PAYOR, AND ITS IMPACT ON THE PERFORMANCE AND POTENTIAL FOR SATISFACTION OF SUCH CREDIT IN THESE CIRCUMSTANCES. ANALYSIS IS ALSO, PREVIOUSLY, CONCURRENCIA OF THOSE ASSUMPTIONS OF APPROPRIATIONS ENLOS THAT NO DECLARÁNDOSE CONTEST OF CREDITORS, OCCURS CONCURRENCIA ONE OF PROCEDURES SINGULARES PERFORMANCE.
  • PROTECTING THE DEPENDENCE OF THE ELDERLY FROM THE LABOR LAW AND SOCIAL SECURITY
    Author: NÚÑEZ FERNÁNDEZ ANA BELÉN.
    Year: 2005.
    University: BARCELONA [www.ub.es].
    Place of defense: FACULTAD DE DERECHO.
    Place of preparation: FACULTAD DE DERECHO UNIVERSIDAD DE BARCELONA.
    Summary: The protection of the unit has become a priority objective of the authorities, to the extent that, for years, we are seeing a significant increase in the number of people unable to carry out independently's activities Everyday Life. In particular, those who are dependent affect a specific group, such as those over sixty-five years of age, as a result of the progressive deterioration associated with the last years of gracious living. Despite this fact, the existing protection is completely inadequate, despite the fact that in the coming months will be approved the first rule is specifically directed to protect the unit. This is the Act empowering staff and attention to the people in a situation of dependency that, despite constitute a decisive step, not in the past when it is raised, giving full protection and effectively to such situations . In this investigation has been carried out a study of the dependence of the elderly in Spain, both in terms of quantity and quality, and after finding the need for specific protection, made a set of proposals falling under the disciplines of Labor Law, Law on Social Security, and autonomic systems of social services. Thus, protection mechanisms are made to the unit, targeting not only the elderly who need assistance in performing acts of daily life but also the always forgotten informal caregivers.
  • CAUSES OF ATTRIBUTING LIABILITY TO THE GOVERNMENT
    Author: AMENÁBAR M. PILAR.
    Year: 2005.
    University: COMPLUTENSE DE MADRID [www.ucm.es].
    Place of defense: FACULTAD DE DERECHO.
    Place of preparation: FACULTAD DE DERECHO.
    Summary: The author takes as its starting point the difference between contract and tort liability, while the first surge by a pre-existing obligation is not fulfilled, the second does not depend on the existence of a duty of a prior obligations. It looks after the Doctoranda function to fulfill the responsibility of the Administration, taking the debate in terms of doctrine and is a guarantee for citizens or control instrument of power. He noted later that the blurring of boundaries occur where the system is the result solely of a jurisprudential establishment. Finally, it examines the tort liabilities of the Administration as a result of conduct omisivo. If liability for failure poses difficulties in the general theory of liability, the same increase when the omissions are charged to the Administration.
  • THE DETERMINATION OF THE PROVISION OF WORK
    Author: CUENCA ALARCÓN MIGUEL.
    Year: 2005.
    University: COMPLUTENSE DE MADRID [www.ucm.es].
    Place of defense: FACULTAD DE DERECHO, U.C.M..
    Place of preparation: DERECHO DEL TRABAJO Y DE LA SEGURIDAD SOCIAL.
    Summary: The purpose of this study is the configuration of legal activity that the employee committed and develops through the conclusion of a contract of employment, and more specifically the impact of the various sources of law in the regulation and determination of the activity. To this end, developed initially as a brief characterization of work since variables not strictly legal, as are the organizational, technological or economic. In the second stage, the legal debate seeks to be framed from the study of the doctrine of common law obligations and contracts, as well as some specific laws such as the right of consumption and general conditions of contract. The analysis through the prism of labor law brings in a third time, to analyze two institutions such as core labor classification system and the legal notion of equivalence professional. Inside and analysis of the regulatory activity of origin are analyzed consensual certain specific institutions such as the compact multi-skilling. Finally, the study explores the analysis of the involvement of other sources in shaping the provision of work, with particular emphasis on practical applications and business.
  • PRUDENTIAL ADMINISTRATION GOODS FOR THE CONFISCATION. SPECIAL REFERENCE TO DRUG TRAFFICKING AND RELATED CRIMES
    Author: RESTREPO MEDINA MANUEL ALBERTO.
    Year: 2005.
    University: ALFONSO X EL SABIO [www.uax.es].
    Place of defense: FACULTAD DE ESTUDIOS SOCIALES.
    Place of preparation: FACULTAD DE ESTUDIOS SOCIALES.
  • MODELS REGULATORY FUNDAMENTAL ETHICAL CONTENT OF THE MEDIA IN THE CURRENT DEVELOPED SOCIETIES: A COMPARATIVE ANALYSIS
    Author: MARTINEZ DE BARTOLOME RINCON EVA IREIDE.
    Year: 2005.
    University: COMPLUTENSE DE MADRID [www.ucm.es].
    Place of defense: FACULTAD CIENCIAS DE LA INFORMACIÓN.
    Place of preparation: FACULTAD DE CIENCIAS DE LA INFORMACIÓN.
    Summary: The main purpose of this investigation was to study the models, which regulate the contents of genetic ethical media. Here, we determine that there were three models most important function in our society today. These are: the model of legal regulation, self-regulation model and the model of Press Councils. The ultimate objective of this thesis was to determine through a comparative analysis of the models in question, which of the three was the most effective way to regulate the ethical content of the media. In short, the assumption of departure was the need to check the following thesis: that of the three models, which regulate the responsibility of information professionals in the current scope of the press in our country, the Model Regulation Legal Model Self and the Model of Press Councils, it is the latter that best fulfills that role, therefore, the most appropriate, ultimately, more effective in regulating the behavior of journalists in the exercise on his business.
  • THE RIGHT TO LEISURE FOR PEOPLE WITH DISABILITIES: ANALYSIS OF THE AUTONOMIC REGULATION OF THE STATE SPANISH 1979-2000
    Author: LÁZARO FERNÁNDEZ YOLANDA.
    Year: 2005.
    University: DEUSTO [www.deusto.es].
    Place of defense: FACULTAD DE FILOSOFÍA Y CIENCIAS DE LA EDUCACIÓN.
    Place of preparation: FACULTAD DE FILOSOFÍA Y CIENCIAS DE LA EDUCACIÓN.
    Summary: The current situation and various studies show that the Right to Sport for people with disabilities, although an achievement recognized in the most important declarations of international organizations, s not a reality for all people with disabilities enjoy and accessed as the other citizens. Therefore, in this thesis has sought to know the extent to which persons with disabilities are guaranteed that right, from a social perspective rather than legal, and contribute to the understanding of reality and the regulatory situation leisure and disability. The study focuses on the 17 autonomous regions of the Spanish State (hereafter CC.AA) because almost all of them have transferred powers in the field of disability and entertainment, setting the time frame of the investigation since the adoption of Statute of Autonomy of the Autonomous Regions Until the year 2000 included. The thesis is divided into five chapters. The first of these is intended desgranar concepts essential to approach the subject, right, disability and leisure. The second chapter summarizes the objectives, methodology and structure that has followed the investigation. The vast amount of material under review, has been organized on the basis of the same object gracious, ie on the basis of documents to be of a general nature of each autonomous community (where they have analyzed the Statute of Autonomy), specific documents on persons with Disabilities (in which it has sought to know the role assigned to leisure) and documents on leisure and their different fields (to see if it is guaranteed inclusion for all people without discrimination). The third and fourth chapter presents, on the one hand, an individual analysis of each of the CC.AA, on the other hand, a comparative analysis of the situation in which they find themselves the various regions, which makes it possible to have a global overview of the entire State. Finally, the fifth chapter presents conclusions that want to synthesize all the concepts and results of the analysis presented in the course of this investigation. Also accompanying proposals for a series of policy measures that could help realize the right to Sport for people with disabilities.
  • JUDICIAL SUPERVISION OF CUSTODIAL SENTENCES
    Author: VEGA ALONSO JOSEFA.
    Year: 2005.
    University: NACIONAL DE EDUCACIÓN A DISTANCIA [www.uned.es].
    Place of defense: FACULTAD DE DERECHO.
    Place of preparation: FACULTAD DE DERECHO - UNED.
    Summary: The theme seeks to draw attention to what is the last phase or time of the penalty, and more specifically, the term of imprisonment. In other words, it seeks to move a little more on knowledge, performance, effectiveness or practical application of the same through its detailed analysis, both in terms of substantive and procedural. This is, ultimately, what custodial sentences exist at the present moment, how they are implemented and the ability to be suspended or replaced by others that affect fewer basic legal rights as is freedom , as well as publicize the plight surrounding the performance of each of them. To achieve this purpose it has become absolutely necessary to identify bodies that are called on to intervene in this whole process and the way in which each must verify. The importance of the subject is justified also by the undoubted importance that the implementation keeps within the aims, for the most part, are assigned to the Criminal Law, and in particular to the sentence. In this regard, it is unaware that both the imposition and execution of the same account when culinante within the Office of the punitive power of the State, since it is through this activity as is evident and confirm the validity of the law Criminal. It seeks an end to the false belief that once a final ruling relapse work performance and responsibility is reserved exclusively to the courts of criminal, as the rest of the parties are also called upon to intervene, as can be seen from the very precepts contained in Book I of the Penal Code, because the party status is not lost on winning firm judgment. This paper aims to clarify addition, the distribution functions of the various courts execution: Sentenciador and Monitoring Prison, and to contribute to the rest of due process be extended openly at the time of execution, which highlights counsel. The play is framed within the framework provided by the Book I of the COP. The linchpin in this whole area is provided by Title III, which deals with "punishment" while also discusses and compares other articulas both from Book I and the rest of the legal system with which it is inevitably linked this matter, as those are procedural in nature. It is structured in Eight Chapters and conclusions. The first begins with the analysis of which is the penalty, the second and third sets are intended for study of the principle of criminal law and the guarantees that the same stem: the fourth and fifth refer to the bodies involved in the penal execution, the sixth deals with the actual execution of prison sentences: the seventh focuses on alternatives to imprisonment and the eighth serves as a culmination to the legislation that currently governs in this area. These chapters deal with the questions which were considered more important and try to give a general overview as well as complete on this whole matter.
  • ACCESS TO PUBLIC BROADCASTING OF ARTICLE 20.3 OF THE SPANISH CONSTITUTION
    Author: MONTORO FRAGUAS ANTONIO JOSÉ.
    Year: 2005.
    University: COMPLUTENSE DE MADRID [www.ucm.es].
    Place of defense: CIENCIAS DE LA INFORMACIÓN.
    Place of preparation: F. CIENCIAS DE LA INFORMACIÓN.
    Summary: The thesis provides a work that aims at analyzing the profiles that are enclosed in this Constitution and especially the past of their mandates, which the law requires to develop the precept ensure access for the media oscilase and political media publicly owned. The practice of this constitutional requirement has been frustrated so far. So although such access to the public media has had a development rules in the case of access in electoral periods, the implementation of the planned institution constitutionally, has failed so far to the full. In reflecting the development of this guarantee access to the media, the causes of their parco and imperfect development and the formulas or measures possible cure, deals work. All this comprehensive overview we analyzed divided into three main sections development referential: * A first to set the framework for action which moves this democratizing access as a tool of communication. As a form of participation in the media, access to the media is an ultimate value in the space of democratizing communication. * The second in which reference is inexcusable and analysis system to the public media, which has been consciously limited their treatment. It comes from a comparison of the European systems and the development and reform of the Spanish that outlines substantial elements of his proposed legislation. * And a third and final paragraph that refers, and time, the legal treatment of this access content contained in Article 20 EC. The addresses an approach to its definition, consolidating regulatory systems compared own continuous access and open to the practice of frustrated continuous and open by the inadequacy of Spanish policy development, the impact of the forthcoming reform of the legal system public media depends on the development of regulatory access it provided to its legal nature, and the proposed standard for the development of the right of access in the Spanish system.
46 theses in 3 pages: 1 | 2 | 3
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