CIVIL LAW

Author: FRATICELLI TORRES MIGDALIA.
Year: 2002.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The thesis discusses four issues narrowly defined. First, how the Dogmatic Constitution of the contract life insurance penalizes special and differential treatment of the figure, located within the commercial law by historical imperatives and financial utilitarianism, makes it impervious to the common rules governing the economy marriage, although the contract is now a family care forecast to be well regulated, as other property rights and economic efforts, by the rules of the regime that governs marriage of policyholder or insured. Second, as affects the rules governing the system of company acquisitions in the insurance contract or permanent whole life, the rights attached to it and the capital it produces, how many first paid for your subscription funds come from acquisitions. Third, what impact occurs on the heritage of the society acquired the designation of a third party outside the nucleus marital or family status as a beneficiary of the insurance policy, especially when lack the consent of both spouses for such designation. Fourth, what elements can set a coherent theory for harmonizing the interests of the consortium and of the conjugal life insurance industry within the household economy.

Author: ANDRÉS MONDÉJAR IGNACIO EUSEBIO.
Year: 2003.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The summary of this thesis is solely to verify with regard to a scenic view of the common law, if it is positive or negative. To do so, it begins by establishing a general idea of where they are located above the easement within the fabric of rules of the Civil Code, deslindando this bondage of the articles of the Criminal Code that deal with light and views to be, as defined in Articles 580 to 585, more on neighborly relations that a proper servitude and framing the subject of the thesis in the field of voluntary easements. It is analyzed later, in detail, the content and nature of the classification code article 533, and is also detailed, along with other classifications, the distinction of apparent and not apparent from Article 532, to discuss the controversial easements contradiction between negative and not apparent, which may affect the ultimate solution to the thesis. All these issues will be addressed in order to ascertain whether the doctrine marked by Tribuntal Supreme since the publication of the Civil Code and the vast majority of the doctrine, in line with the rest of the legal concepts of private law, or whether, on the other hand, maybe it might be preferable to another regulation more in line with current standards. As a key element of study and guide refers to the minutes of the Law Commission, the Ministry of Justice, to try to find out the real intention of the legislator at the time of writing all the rules that are going to come into play in the referring servitude in their relationship, of course, with what they have positive or negative. In the final part of the book highlights the main arguments in favor of jurisprudence and doctrine usual clasificaicón this servitude, and possible considering contrary to the same so that we can give, as has been said before, a version criticism of the current classification of these easements.

Author: PITA BRONCANO CARMEN PIEDAD.
Year: 2003.
University: EXTREMADURA [www.unex.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO DE CÁCERES.

Summary: Along the different stages that make up the phenomenon 'heritage goes through various meritorious -- which require that delineate specific powers attending creditors constant. - The study of these powers, including the demonstration of a range of mirilegios legal me confirm -- Priority creditors of the deceased, on the estates of deceased landowners, compared to legatorios and creditors particular heir, not dedicated affect what the fact of memte his dendor -- when inheritance is accepted by their successors are made if the benefit of inventory.

Author: PERALTA CARRASCO MANUEL DE.
Year: 2003.
University: EXTREMADURA [www.unex.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: Analysis of the institution nosilaria, using as a study method and approach the historic dogmítico and jurisprudence. At work valued, are conducted an exhaustive examination of the system of inheritance of the mercy nosiliaria, based on the permisa of hallarnos before a succession of Exceptional subject to the order established by Title happen. Establishing the mercy, or failing that, in order to regulate the established law and decree of May 4 and June (respectively) by 1948, according to the law 2 tituxupatida 2 and Law, 40, and if bombing 1505. It also looks at the developments in the middle of the new doctrines, resprudenciales the TS and CT, as well as the impact of sistención of October 28, 1999 ECHR.

Author: ACEDO PENCO ANGEL.
Year: 2003.
University: EXTREMADURA [www.unex.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DERECHO UNIVERSITARIO EXTREMADURA.

Summary: Discusses the legal institutions designed by the order to protect the rights and interests of the rights and interests of consumers and users, both of which recognize community law such as those contained in the Law of Spanish state and autonomic, with a spatial attention to the mechanical gathered in the Spanish Law of state and autonomic, witha special attention to the mechanical contained in the law emanated from the autonomous region of Extremadura. It touches on such studies from the point of view of the positive law, initially, and then with the most relevant legal pronouncements and the exposure of the most important doctrinal positions, with constant thoughts criticisms and proposals that the author himself founded to issues notes, both in legal texts as in the implementation of the same by legal operators. addition to the general survey of practically all the figures of consumer protection are also addressed, so monograph, several legal studies, which highlights relating to the legal regime of hypermarkets and supermarkets trade in the European Union as a manifestation of the new habits of consumers, the concept of public order as to limit the autonomy of individuals in civil law ; the notion of consumer systems community, state and autonomic; basic rights of consumers recognized in the Spanish Constitution of consumers recognized in the Spanish Constitution of 1978, the protection of the right to health and safety of consumers; infractions by alteration, forgery, fraud or deception to consumers in the state of consumers of Extremadura, and the implementation of the Directiva.85/374 EEC.

Author: MOLINA HERMOSILLA OLIMPIA.
Year: 2003.
University: JAÉN [www.ujaen.es].
Place of defense: FACULTAD DE CIENCIAS SOCIALES Y JURIDICAS.
Place of preparation: FACULTAD DE CIENCIAS SOCIALES Y JURIDICAS.

Summary: It is the first attempt in Spain to build the right job. It is a thorough analysis of the regulatory framework of employment policies.

Author: RAMOS GONZALEZ SONIA.
Year: 2003.
University: POMPEU FABRA [www.upf.edu].
Place of defense: DEPARTAMENTO DE DERECHO.
Place of preparation: DEPARTAMENTO DE DERECHO DE LA UPF.

Summary: The work is aimed at studying the manufacturer's liability from the perspective of the pharmaceutical sector. From the distinctive characteristics of the drug as a product category, discusses the problems associated with the liability for damages caused by defective drugs. In this sense, the thesis is divided into three parts: In the first, discusses the administrative regulation on the concept of product, marketing requirements of the same duties and responsibilities to control manufacturer and Health Management once the medicine it has already been introduced into the market. In Spain, as in the rest of the Member States of the European Union, the pharmaceutical industry is a heavily regulated industry and the work gives reason for the prolix and Spanish legislation on the security requirements of the drug before and after they are marketed, as well as the interrelationship of the law of product safety and the right of civil liability of the manufacturer. The Spanish law requires for marketing and permanence of a drug on the market that product, in normal use, does not produce toxic effects or undesirable disproportionate to the benefit which seeks. In this regard, it is up to public health authorities and the manufacturer of the drug make a continuous assessment of the risk-benefit ratio of authorized medicines. Thus, in this first block shows how the right of product safety, both Spanish and EU, the weighting of the risks and benefits of the drug to determine whether the product meets the guarantee of security. The second part of the thesis focuses on the notion of default of the drug, while budget liability of the manufacturer. Based on the comparison between the definitional criteria adopted by the Spanish and EU law on the one hand -criterio the legitimate expectations of the consumer, and the rights Americans on the other -criterio of riesgo-utilidad-, discusses the advisability of applying either to different types of defects that may present a medicine and its impact on the civil liability regime of the manufacturer. In conclusion, it is proposed razonadamente import of the American approach, while the European is ineffective to determine when a product is defective or not, based on the distinction between medication or not subject to prescription. Finally, the third part of the work deals with those aspects that give the regime Spanish specialty liability medicine and devotes a chapter closing the German legal system, whose broad drug development makes for reference model. It is an exploration block in this: i) the process of development risks in the different rules that make up the Spanish law on liability and the justification for a rule of producer responsibility in this case ii) problems test the defect and causation in cases of damage caused by drugs and the desirability of a future reform of European Community law and in the evidence following the recent amendment to the German law of damages 2002, and iii) different scenarios that may arise in the civil liability of the Administration for health damage caused by medications and treatment jurisprudential assumed responsibility - the typical use of blood products contaminated with the AIDS virus and Hepatitis C. In particular, the study of the responsibility of the Health Management as a manufacturer of pharmaceuticals called into question the consistency of the liability system because public and private manufacturers are subject to a different regime of responsibility for development risks.

Author: LUNA YERGA ALVARO.
Year: 2003.
University: POMPEU FABRA [www.upf.edu].
Place of defense: DEPARTAMENTO DE DERECHO.
Place of preparation: DEPARTAMENTO DE DERECHO DE LA UPF.

Summary: Often, patients who have suffered harm as a result of a medical or hospital, it becomes an innocent victim twice: in addition to suffering harm as a result of a medical intervention or an accident hospitable, the unequal situation concerning procedural the medical professionals with regard to the proof of facts underlying demand and the strict implementation of procedural rules on burden of proof frustrate his claim for compensation. In other cases, until recently at least, the situation is precisely the opposite court and the relaxation of the burden of proof leads to the conviction of optional despite the fact that his performance was not diligent or would have been the cause of the damage. In such cases, the problem of proof is not just a problem of the dogmatic procedure but is a real substantive issue of private law, since, as noted in the case law, the system of civil liability might break, and with him its principles because of the strict implementation of the procedural rules on burden of proof. So, should argued that the different aspects of a process or, to put it another way, the different branches of law, are not watertight compartments, and therefore have to take into account the effects which occur when interacting. The terms of substantive and procedural rules in the process of liability médico - sanitaria have to combine the achievement of the purposes of each other, but they do not compete with each other and mutually canceled. That is why the issue advised the interdisciplinary study that is addressed in the doctoral thesis, which brings together civil law, procedural, and analysis from the perspective of Law and Economics. Ste interdisciplinary analysis reveals how the rules governing the burden of proof and judicial enforcement determine practical implications in three different areas: 1) In the trial, influencing the behavior of presentation of evidence by the parties and influence the cost of process. His assignment must obey the general interest of minimizing social costs. 2) The extra, directly affect the behavior of care possible cause damage and in determining their level of caution. His assignment should help minimize the production of accidents. 3) The substantive impact on the outcome of litigation and define the scope of the rules of liability. Its allocation should enable these rules effectively deploy all their time and ensure that its implementation does not interfere with the standard of liability legally provided in each case. The doctoral thesis is divided into three major sections in which discusses, first, the legal regulation of civil liability médico - sanitaria in Spain, and secondly, the problems of proof of fault médico - sanitaria, and finally the problems of proof of causality: 1) The liability médico - sanitaria in Spain: in this section is drawn map legal liability médico - sanitaria in our country and clarifies what must be competent jurisdiction , regulation applicable procedural and substantive regulation under which any claim will be decided Liability médico - sanitaria depending on the scope and circumstances in which the damage occurred. 2) Proof of guilt in the process of liability médico - sanitaria: This section explores on the one hand, the game rules on burden of proof and its potential disruptions, either by the game of the principles normality, availability and ease of proof or, to put it another way, the doctrine of dynamic distribution of the burden of proof (section 217.6 LEC), either through the misnamed reversal of the burden of proof; otherwise, he examines the impact of legal presumption, and a series of evidentiary materials ba 8 sados in 773 presumptions of guilt in qualified judicial determination of guilt médico - sanitaria. 3) The proof of a causal link in the process of liability médico - sanitaria: This section deals with the distinction between causation and nexus complaint objectively and their respective test and aligeración based on the principles and tools discussed in procedural the preceding paragraph. In particular, we studied the doctrine of lost opportunity (Loss of Chance, perte de chance) as a tool for aligeración of proof of causation. In a thesis concludes that judges and magistrates now have the tools to achieve a flexible and efficient distribution of the burden of proof in proceedings Liability médico - sanitaria. Regulatory criteria clear and stable jurisprudence regarding proof of liability médico - sanitaria based on the proper use of the principles and tools procedural studied and, ultimately, the efficient allocation of the burden of proof, are a primary tool to ensure equality of arms process, reduce the social costs of production and prevent future accidents.

Author: RUISANCHEZ CAPELASTEGUI MARIA COVADONGA.
Year: 2003.
University: POMPEU FABRA [www.upf.edu].
Place of defense: DEPARTAMENTO DE DERECHO.
Place of preparation: DEPARTAMENTO DE DERECHO CIVIL DE LA UNIVERSIDAD DE BARCELONA.

Summary: The dissertation consists of the study of the figure of deprivation of parental rights and the disqualification of parental rights. The first chapter discusses the assumptions upon which settles the figure of deprivation of parental authority must rest on two. First, the recognition of ownership to the parents of their parental rights and their protection and the private sphere of family life, whose autonomy must be respected by the law and that parents should exercise the benefit of children The second chapter examines the concept of deprivation of parental rights in the civil arena. It examines the course of the same fact: the existence of risk of injury or sufrirlo for the child, the type of injury or damage. It determines whether there is a need for accountability in the conduct, and indicates possible approaches that moderated the implementation of the deprivation of authority This chapter conducts an analysis of the case law on Spanish deprivation of parental rights for constellations cases which are grouped into three categories: abuse in the exercise of parental authority or abuse; neglect on the part of holders of parental rights and involuntary failure of parents: inability, incapacity or ineptitude in the third chapter examines the regulation of criminal Code on the disqualification of the right to parental rights and their relation to the deprivation of custody. Over the chapter identifies the dysfunctions which presents the criminal offense and defends the implementation of the civilian deprivation of parental rights in a criminal proceeding by mime criminal judge. In the fourth chapter discusses the impact of deprivation of custody of the parents. In this area examines the duties of private parent retains parental rights regarding their child: the duty of ensuring the child and the duty to keep the child and the duty to interact with the minor. It also discusses in this chapter the position of the parent deprived of the power in succession son. The fifth chapter discusses the legitimacy of the parents at the various stages of a process to protect minors initiated by the administration, with particular reference to the entitlement, if any, of parents deprived of parental rights. In the last chapter deals with some procedural issues of particular relevance. First analyzed specialties involving deprivation of parental rights in a marriage. It discusses in this chapter what is the appropriate remedy, in the absence of express provision of the LEC.

Author: CAMACHO CLAVIJO SANDRA.
Year: 2004.
University: AUTÓNOMA DE BARCELONA [www.uab.es].
Place of defense: FACULTAT DE DRET.
Place of preparation: ESCUELA DE POSTRGRADO.

Summary: The purpose of studying the theory is the formation of electronic contract following the adoption of the Law 34/2002 Service of the information society and electronic commerce, and other standards that form the legal regime of electronic commerce. We analyze particular legal problems presented by identifying the part of the contract and testing of the capacity to act, the intervention of the electronic agent, legal classification of artificial consent and the study of moemnto perfection of electronic contract following the amendment of Article 1262 CC Finally, we will study evidence of the contract mail: Acknowledgment received and the use of secure electronic signature.

Author: ALFONSO VELÁZQUEZ OLGA LUCIA.
Year: 2004.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: UNIVERSIDAD COMPLUTENSE.

Summary: Interconnection is the physical and functional union of two or more redes.Para implementation and consolidation of competition in the telecommunications sector, has been given the nature of duty pass, which includes two behaviors: negotiate iterconexión and provided . The first is a duty juráidco, it is not an obligation, since there is no prestación.La second is an obligation that arises from the law whose conditions are translated into a contract interconnection heterónomo or an act of the Commission on Mercaedo the Telecommunications. The contract itrerconexión is a concurrence of wills under which operators of public electronic communications networks allow linking their networks, setting their rights and responsibilities and the rules of legal, technical and economic relationship that will govern the interconnection. It is a consensual contract, bilateral tract `synallagmatic, onerous and commutative, is not a contract and is atípico.Se trafficking forced a new type of contract, with typical social, and the need to obtain recognition and bequeath it established regulation itself. The interconnection contract is governed by the principles of autonomy, transparency, non-discrimination, objetiviadad and proporcionalidad.El first found several limits due to economic reasons of public policy, such as the interoperability of services, the right of the competition and the benefit of users. The contratao interconnection may arise from the negotiations launched at the request of any operator, or the acceptance of an offer Interconnection Reference operator with significant market power. The Commission for the Telecommunications Market has the power to intervene in all phases of the interconnection relationship, from negotiation to completion, all with the purpose of fulfilling the objectives of the Community and national rules in the field of electronic communications.

Author: GOMEZ DIEZ JUSTO JOSE.
Year: 2004.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: UNIVERSIDAD COMPLUTENSE.

Summary: Society and community are heterogeneous phenomena that can coexist with, the rules of the community to structure the common law (sections 399, 403, 405, 1522) and regulated aspects jurídico-obligatorios and the possibility of asking the division by the rules of the partnership contract. The company can force constitute a community or regulate an existing community, and not confused Icon covenants regulating the community who are not binding contracts. The argument that those who are committed by contract to promote jointly agreed a common purpose, can benefit the regime of community of property can not be accepted. The company with the sole obj & to the contractors to ensure the use or enjoyment of a thing (sections 1678 and 1695) can coexist with a community act that thing, but also social assets may not be common. The regulation is similar to that of the community, not the same. Not liberatoria accepts the resignation, because the obligation to contribute has ontraído contractually. Rules 2.3. AND 4.del arto 1695 presuppose a society internally. On these bases are studied in terms arto 395 CC provides authority to bind the community to bear funds for a given expenditure of conservation, not a power to request repayment of a proportionate and necessary expenses incurred for bringing the arto 395 was not needed (Art. 1893, arto 1063). The former forced arto 395, to contribute to the expense to do, is the comunero who is at the request of comunero concerned. The transfer of the share of already forced an expense, not exempt, nor liable to the purchaser. The basis of the obligation to contribute to the cost of maintenance of a common thing is not that comunero lO benefits from the results of spending. You can force contribute to lastos that have not yet been useful and that it might not reach serious precisely because it can, if not onviene, resign. It is rather a measure to protect the interest of condueño that the thing is retained. It guarantees the maintenance of order in the state to serve the purpose for which it is lestinada. It prevents "strategic behavior" aimed at getting the thing kept at the expense of another. With the resignation liberatoria seeks balanced control of conflicting interests. The willingness of this typical resigning is released, waived pay, and we will agree to resign. Can resign in the hope that the other desist spending and therefore his resignation becomes revocable, but it runs the risk that one accepts the resignation and make spending alone. The required contribution can pursue appropriate share of the other, but can not succeed if it helps. The increment can be repudiated. If all other community members reject it, the resignation is ineffective automatically, as if they had never been extinguished's right who resigned, subsisting effect discharge, which does not preclude such inefficiency.

Author: GARCIA VILLALUENGA LETICIA.
Year: 2004.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The institution of mediation, understood as a system of management and non-adversarial resolution of conflicots, through the intervention of a neutral, impartial and without decision-making power, has application, among others, family conflicts, regulated by law family. The civil law, as private law par excellence, and is based essentially on the person and their autonomy in its various manifestations. Therein, fully agrees with the institution of mediation, and that in this, are the people involved and their will, the real protagonists in the process medíación.

Author: IMAZ ZUBIAUR LEIRE.
Year: 2004.
University: PAÍS VASCO [www.ehu.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The dissertation is aimed at analyzing the regulation that Law No. 3 / 1992 of July 1, Civil Law Foral Basque Country, dispensed succession paccionada from a purported - fallida- perspective "autonomous". In the shelter of a methodology designed to bring together in the body of work by both the historical research of the institution under review as the contrast between the various jurisdictions that govern civilians, in addition to the instrumental dogmatic common to all civil, it is true that the lack cohesion's internal management "basque" is clearly aprehensible thanks to the structure of the doctoral memory. It was divided into five chapters, the first of which deals with the dissection of the historical background of the regulation provides that today LDCF the pact inheritance; tight necessarily to texts forales vizcaínos of 1452 and 1526 (timely underpinned by the Fuero de Ayala 1373), Projects Appendix foral of 1900 and 1928 (though they were never to see the light) and the edited text of Bizkaia and Alava, 1959, before translating strictly customary law and therefore guipuzcoan lack of a proper system basque. If the roots of the pact inheritance basque sink in the fifteenth century, condensed into a first chapter aimed at considering their historical background, the task of addressing, in a second chapter, a conceptual approach to the profiles that define what leads, plastically, at a fork in the analysis: while the third chapter plans on the prospect of the pact static, as if a snapshot devoid of movement is concerned, the fourth devotes its pages to the development of its dynamic perspective, describing the tour since making the contract grant to its completion. The closing chapter leaves no move, however, the opportunity to extol the legal substance to hold the sum of all the institutions to design the municipal Old 1452, under the principle backbone intact, as guarantors of the transfer of full family property, generation after generation: fabric that still linger in the LDCF, pending tackled from a more realistic perspective that criticism, more progressive than conservative, its adequacy to society of the twenty-first century, so different from the one that saw the birth. Finally, it is the lace of the pact in the context of growing concern regional, state and European levels on the transmission succession of the so-called "family business" which assumes ownership, a task that demands draw the line between appropriate settings pact within socioeconomic the Ancient Regime -heredado largely by the Act 3/1992-, and its adequacy with respect to today's society. The aforementioned description begins its path, in effect, with the consideration of the community living and working together that is created between Instituent and instituted, under the pact, protected from an economic system merely auto-abastecimiento; to finish stressing the laudable attempt to find authoritative views within the obsolete articles of the Civil Code, negociales alternatives with which to achieve similar results programmable by an "outlaw" pact inheritance, as a clear sign that the contract is a legal instrument rising, in connection with the transfer of full and undivided "exploitation" or "company" family, generation after generation.

Author: Naveira Zarra Maita Ma..
Year: 2004.
University: A CORUÑA [www.udc.es].
Place of defense: Facultad de Derecho.
Place of preparation: Facultad de Derecho.

Summary: Under the title "The compensation of damage in the tort liability" is intended to provide a uniform and comprehensive study on the basic principles and fundamental governing matters relating to compensation for damages resulting from such liability, although taking into account the interdependent relationship that exists between the compensation and damage, it is necessary to take as a starting point to address the analysis of compensation prior identification of the concept of compensable harm. Therefore, this dissertation is discussed, over the first two chapters, the legal concept of compensable harm by examining their characteristics and categories of damages that are considered repairable, paying special attention, for their implications prácticasa, classification distinguishes between property damage and non-pecuniary damage. Once defined the purpose of restitution is, in the three remaining chapters, to build a comprehensive system of redress for damage resulting from tort liability, studying it for the principles on which the system is based reparative Spanish; delimiting lass forms by which can be carried out repair perjuiciio and analyzed from the perspective of element damage, the possible functions that are called upon to play the Law of Damages Spanish.

Author: Pérez Vega Ángeles.
Year: 2004.
University: A CORUÑA [www.udc.es].
Place of defense: Facultad de Derecho.
Place of preparation: Facultad de Derecho.

Summary: Responding to the issue of whether individuals can, in the exercise of autonomy, creating new rights not real defined by the law.

Author: VIDAL PÉREZ MARÍA FERNANDA.
Year: 2004.
University: MURCIA [www.um.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: VERSA WORK ON A HISTORICAL ANALYSIS AND SUBSTANTIVE CURRENT SITUATION AND DEVELOPMENT PROCESS IN A CIVIL BY REFERENCE TO THE DUAL PARTAS THAT MEANT THE LISTISCONSORCIO BOTH VOLUNTEER AS NECESSARY TRYING FOR DESLINDAR THESE FIGURES AND BETWEEN THEMSELVES WITH RESPECT TO OTHER OF DUAL SUBJECT OF, AND THAT OF CONCEPTUARLAS AND EXPLAINED A FEW OF THE FEATURES AND OTHER. ANALYSIS IS THE DEVELOPMENT PROCESS WITH LITISCONSORTES WHETHER AS VOLUNTEERS NEEDED WITH SPECIAL REFERENCE TO RESPONSIBILITY TORT WHETHER IN CONTRACT AS A DIFFERENT SITUATIONS PROCESS TO BE SUBMITTED, AND LIGHT IS, AT ITS SPECIAL IMPACT, AMONG OTHERS IN THE FIELD OF THING JUZGADA , AND TERMINATION ANORMAL PROCESS, EXPONIENDO SITUATIONS CREATED AFTER THE LEC 1 / 2000 WITH REGARD TO IMPROPER SOLIDARITY AND IDENTIFICATION OR NOT TO ASSUMPTIONS OF LITISCONSORCIO NECESSARY.

Author: LUQUÍN BERGARECHE RAQUEL.
Year: 2004.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO U.C.M..

Summary: The thesis deals with a study of the instruments jurídico-civiles provided in order Spanish (neighborly relations former article 590 cc, action negatoria, remedies nature interdictal under new wing LEC, tort liability Former article 1.908.2 of Cc, abuse right, and so on.), in order to the custody of right or legitimate interest of individuals to enjoy an adequate environment for the development of his personality, as 10reconoce the Constitution (Article 45). In this regard, it is proposed to strengthen the virtuality of the figure of "abuse of law" under article 7.2 of the Civil Code in order to protection, that figure is discussed in chapter 1de thesis in his opinion, legal, grounds , content, legal regulation and judicial treatment. Therefore, based on the combined figure for the interdiction of abusive use of subjective rights Former Article 7.2 of the Code, with the constitutional protection (former Article 45 of the Constitution) of the environmental legitimate interests of individuals, doctoranda defends itself by the existence of an "ecological role" that must comply with the right of private property (as in general all rights) for the protection of those interests, the consequences arising therefrom in order to modulation the right of the owner and for civilian protection of the legitimate environmental concerns of others. The final chapter deals with the novel in particular regulation in this area offer the Laws 17 (exercise of subjective rights and their limits) and 367 (criteria for "tolerance" and "reasonable use" of law in the area of industrial relations Neighborhood) from the Collection of Civil Law of Navarre or a "New" and its implementation jurisprudential being drafted on this basis Fifteen conclusions on this issue and will eventually include a Addenda citing the latest developments in our country and at the European level and internationally in the field of environmental protection, with special mention to the most recent jurisprudence of our re fell Tribunals, as well as the study and analysis of the Prestige oil tanker disaster and possible means available to the civilian legal system in order to prevent this type of environmental damage.

Author: JIMÉNEZ PARÍS TERESA ASUNCIÓN.
Year: 2004.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO UCM.

Summary: The dissertation is aimed at determining who is the third covered by art.32 LH. Déscartada the existence of precedents in the same law Historic Patrio (System of Contadurías Mortgage) and the System Registry Decimonónico (Systems absolutely different and conflicting with the system registry established in 1861) and made an analytical study of the two doctrinal views on the subject (monism mortgage, the third article 32 LH is the same third article 34 LH; mortgage dualism: the third art.32 LH. third is a diverse and self-third of Art. 34 LH ), the argument runs through the defense of a monist position in relations between Articles 32 and 34 LH. Such teaching is based on the pursuit of "mens legislatoris" of the drafters of the LH. 1861 (art.23), through various kinds of historical arguments stressing the argument that the Draft CC. In 1851 (previous immediately LH. 1861) design a third Germanic which should have relied on the current enrollment, which published its transferring ownership to be protected against the titles or other real rights unregistered. This argumentaciónn, drawn from the study of the marginal annotations of the work of the Committee on Codes (See Annex Documentary and Chap. III, Section I.1), combined with the fact that it is not true to say dualistic the immediate implementation of art. 23 LH. 1861, unlike art. 34 of the same that would have been in abeyance (when both articles had a parallel suspension until December 31, 1874) and uunida turn to other arguments historical and logical and systematic (art.3.1 CC.) Has led us to last reasoned conclusion or thesis we hold that the third art.32 LH. It is the same Germanic third of art.34 LH. In force (already present in Project DC. 1851 and assumed the LH. 1861 in his art. 23), third, therefore, requires requirements portección (compared to titles and other real rights unregistered) out in art.34 in connection with art.36 LH. In force. This thesis monistic understand that their support is also in various lines of Supreme Court jurisprudence.

Author: DOMINGUEZ MARTINEZ MARIA PILAR.
Year: 2004.
University: CASTILLA-LA MANCHA [www.uclm.es].
Place of defense: FACULTAD DE CIENCIAS SOCIALES CUENCA.
Place of preparation: ALBACETE.

Summary: The work is limited to ánalisis civil liability of the Administration for damages suffered as a result of a traffic accident, which are attributable to the Administration as a provider of public roads. My interest is focused on the study of subjective and objective scope of responsibility of public service and in defending a criterion for charging damages based on the circle of controllable risk and the implementation of a standard based on the purpose of security road must ensure that this service. The reasons for exemption, concurring causes, quantification of damage and questions about jurisdiction can offer an overview of these cases of liability. According to the developments that have experienced civil liability in tort Spain in the last four decades, one can say that at present its role is to find solutions to ensure that the victim effective repair the damage when there are no reasons to justify who is it that should endure. The economic and social dimension of this issue and the increase in traffic accidents, has not only led to an increase in claims on liability arising from the use of motor vehicles, also against the Administration for the operation of the service road, because it Traffic in an area where government intervenes with his own circle of risk: the ways necessary for the car círcule, whose títulares are normally tracks all layers of government responsible for the provision of this service, either directly or through the dealers highways. In the liability of the government, the same function restorative finds its justification in the allocation criterion established by the Act to set its goal. The element of risk not only affects the objectivity of this liability, but represents the cornerstone in the analysis of their budgets. In turn, the length of an objective nature of this responsibility demanded a delimitation of the alleged compensation. Far from claiming to identify this responsabildad with an assurance system universal manifestation of the principle of solidarity or justiciaredistributiva, the strict liability law advocates must cover damages resulting from hazards inherent to the field of activity of the Administration, pursuant delimited blocks "callable" in each case and that the social conscience demands, which in turn explains the absence of the obligation to bear the damage, which consiuste the essence of the damage that illegal Act proclaims. Thus, it is not solidarity in defending all the risks generated by the administrative activity, but only those that are within the scope of its specific activity. This requires a system of charging legal or endpoint that under the existing rules ensure a uniform implementation in a sector where the individual is increasingly dependent on the activity pretacional of Administration, which in turn exerts a healthy control the administrative operations. The study of this problem is projected onto victims keys, as are the drivers of motor vehicles (cars). His position and the system of responsibility for risk that the LRCSCVM advocates and its parallels with the system enshrined in the LRJAP has been one of the instigators of this investigation. The purpose preventive risk of road accidents is also present in the leadership, not prevent, as has been said that it becomes a function of the State will become the highest in the prosecution of responsibility for the operation of this public service . The objective element of complaint should be confined to define the content d 8 the servi e92 year of the roads, as equivalent to administrative function, whose substrate material is constructed from the public ownership of the track combined with the ownership of the service. Damages were charged by ele exercise of a public activity, for the use or opened to traffic circulation from the public highway, not for the ownership or possession of such property. Take into account títularidad the road as a place subject to the exercise of the functions that cause the risk, although the damage or the accident materialize outside the perimeter road. In order to define the circle of risk controllable by the Administration owner of the service that allows the use of a standard complaint as a useful tool for the implementation of a system of charging based on risk, interest functions designed to eliminate the risks of accidents . The generic role of "police road" will be the starting point for breaking down the respective roles and belong to the "police circulatory" or "police demanial", and whose content is modulated standard in relation to the risks they are trying to be avoided , budgeted driving middle and according to the purpose of road safety required by the social conscience in this case and using as a main instrument doctrine that the State Council, as the courts have reflected in numerous opinions and judgments. The role of construction and improvement of road infrastructure, high cost of finance, meets standards or requirements lower than those of conservation and especially the "signs of danger" on the road, which, when lower cost is higher his rigorous requirement. Among the basic elements of this responsibility, the causal relationship must be connected to the legal concept of injury illegal in relation to the risk inherent in the operation of public service road. The content and scope of legal and doctrinally is the concept of traffic safety yla connection and interface between the basic elements of this responsabildiad (antijurídica injury and causation) is the linchpin to narrow the circle of risk (and hence the standard required) the operation of the service. The trial of imputation is to verify that the damage is "the realization of a risk created by the public service". Therefore, the link budget physical, valuation is to see that the social consciousness claims in these cases than the victim who has to bear the damage, unless he has a cause that justifies it. In other words, according to the social consciousness, the damage that this risk is specifically involves "greater" sacrifice the injured party (which exempts him having to stand) that the social utility or lawful purpose (road safety) that the operation of service succeeds in this case, precisely because the operation does not correspond to the standard under the foregoing it was due.