COMMERCIAL LAW

Author: ORTIZ BLANCO LUIS.
Year: 2003.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.

Summary: Liner conferences are older industrial cartels that exist today. Created from 1875 to regulate the shipping line, have enjoyed the widespread satisfaction of the governments around the world. In the European Union, Council Regulation (EEC) n 4056/86 of Consjeo, December 22, granted the exemption (permission collective) more generous than ever is taken in EC competition law, for an indefinite time. This exemption is currently under revision. While shippers defend the status quo, and passengers ask the desparación of conferences, the European Commission appears ready to revoke the excención or at least drastically limit the powers of the conference. Discussions focused yes, in accordance with EU competition rules, in particular Article 81.3 of the EC Treaty, the conferences are merecedoreas of exceptional treatment in competition law that allows them to fix prices and allocate markets for online practices radically prohibited by law añtitrust in other industries. In his first chapter, this thesis examines the origins of these cartels maritime and Regulation 4056/86, as well as the general thrust of it. The second chapter discusses in detail the provisions relating to the exemption of the conferences. The remaining chapters examine whether the conference meet the basic conditions of the authorization of agreements restricting competition in EU law. The third chapter focuses on how the conferences contribute to technical or economic development, in particular by providing stability to the fetes how users of liner shipping equitably benefit from the economic advantages of the conferences, and how all restrictions posed by conference they are indispensable to achieving the goals pursued advantageous. The last two chapters deal with the last of the conditions for approval, which requires restrictive agreements that she did not aspire to eliminate competition for a substantial share of the market. To this end, chapter 4 looks back on this last notion in the first decisions of the European Commission, and in the jurisprudence of the Court and the Court of Justice of the European Communities compared with the notion of a dominant position, and then builds on the concept of collective dominance in general and collusive nature, in particular. Finally, Chapter 5 examines whether, and how, conferences removed a major competition and enjoyed systematic way of a collective dominant position in collusive nature of the traffic on those present. The concluisones of the thesis are essentially two: First, the conference are generally appear to meet any of the conditions for approval. Moreover, if exercised their duties stabilizers freight, the conferences veríana bocadas to break the fourth condition of the exemption, because to secure stability should limit a major competition in the market. Accordingly, the block exemption of the conferences should be revoked. The current process of revision of Regulation 4056/86 provides an appropriate occasion.

Author: ANAYA BARRAZA SALVADOR.
Year: 2004.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The thesis contains, in essence, an analysis of citizen action unconstitutional (monitoring abstract and general effects) that exist in the procedural law Salvadoran; analysis uses, as a central element, it is studying the legitimacy procesal.Para it, analysis is scattered in two areas: first, the study técnico-procesal of legitimacy in the constitutional procedural law, which includes an overview of the concept of legitimacy (Chapter I), the relationship between the procedural law and constitutional law ( chapter II) and a review of the legitimacy in the constitutional procedural law (Chapter III) and the second study of citizen action of unconstitutionality in El Salvador, which includes an account of their historical evolution (Chapter IV), its integration into the Salvadoran Constitutional procedural law (Chapter V), its incorporation in the process of unconstitutionality (Chapter VI) and its functioning in the reality (Chapter VII). analysis concludes, basically, from the identification of inconsistencies techniques and low impact of contained in reality, the need for transformation of a model constitutional essentially abstract, suggesting the incorporation of machinery and tools specific imprint, either through interpretative, whether by way of legal reforms (specifically, the creation of an incident unconstitutionality in the process of control concrete).

Author: Ramírez Otero Lorena Cecilia.
Year: 2004.
University: A CORUÑA [www.udc.es].
Place of defense: Facultad de Derecho.
Place of preparation: Facultad de Derecho.

Summary: The thesis deals judged on the treatment of groups of companies limited by the Law of SEguro Private. In his first chapter has studied the vocation to cocentración insurance, depending on the completion of the transaction according to plan, and the preference for the formation of groups of companies. The second chapter deals with the legitimacy of the groups according to the purposes of legislation and management oversight of private insurance: checking the suitability of the partners control of the insurer and the group structures that integrates; compatibility between performance and the acquisition of specialized subsidiaries. The third chapter deals with the additional financial solvency control static and dynamic on a consolidated basis, as well as oversight of insurers that are part of financial conglomerates. The fourth chapter deals with alternative methods, to specialize in insurance defense regularly and the integration of the insurance group.

Author: BALLUGERA GÓMEZ CARLOS.
Year: 2004.
University: NACIONAL DE EDUCACIÓN A DISTANCIA [www.uned.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO UNED..

Summary: In this thesis explores the contract commitment, considering their hallmark which retains its contents, despite the perfection of the contract, a possibility of indeterminate dissent. As that possibility does prey on the general conditions call dissociation, referring to the content of contract in general, including the content negotiated, we call anfibología. The livelihoods of that circumstance peculiarísima in the contract for membership is not possible without the parties have come to the conclusion that it entered into a contract. It has been called to that conviction of the parties and the interpreter nuclear agreement. Both the dissociation as anfibología must be eliminated, its removal is not possible to do only with the weapons of interpretation, but they still need specific standards articulated in volume to what has been denomimado standard balance of the contract exchange. In its negative form that rule reads: unfair terms are prohibited, in the affirmative, the general conditions of contract must be balanced. The standard equilibrium is semiimperativa and can be formal or material aspects that determine its two main patterns. The standard of balance in its formal aspect postulated transparency of the general conditions in its material aspect prohibits abusividad. It was also considered arrangements for the standard rule of balancing the prevalence of the condition more beneficial and the legal concept of the general conditions of contract. The adoption and development of the rule of balance has led, in the private law to a new dimension or size, social, which allows us to speak now of a real private law society. This is for and pancontractual, requires the development of an apparatus and special public demand solutions consistent with the European internal market. Moreover, the ultimate goal of the solutions posited to the thesis and the driving force behind its significance is the increase in the contractual power of acceding to face expulsion from the market in general terms, as a consequence of increased power the company resulting from economic development. Such a rebalancing of power is the condition to get a real contract in the modern mass exchange, which serves as the proper legal form. This result is obtained, however, not only the traditional way, through negotiation, but by special and double, or the integration court after a lawsuit, or the renegotiation of the content of the contract after perfection contract. Both tracks rest on the effective application of the rule of balance based on a high level of protection for members and consumers. The validity of this order the adherent to find an answer to the case law determined by the private social, which in theory call specific formulation of balance, which it is safe to counter social reach a compromise with the predisposing you free, with the lowest cost, of the abuses of the strongest.

Author: RODRIGUEZ DE LAS HERAS BALLELL TERESA.
Year: 2004.
University: CARLOS III DE MADRID [www.uc3m.es].
Place of defense: FACULTAD DE CIENCIAS SOCIALES Y JURIDICAS.
Place of preparation: UNIVERSIDAD CARLOS III DE MADRID.

Summary: The Electronic Markets Closed (MEC) are platforms for negotiation and contracting, which are built on the Internet infrastructure. They are a form of electronic commerce between businesses in closed environments. The MEC presents suggestive features that distinguish it from other models B2B: its geometry, the operating rules (Rules Book) market, the access control of the participants, the function (contract) supervisory body of the manager to discipline the behaviors. The objective of this paper is, first, to identify the phenomenon on other similar or related formulas (Part I), secondly, outlining their legal status (Part II). Being the entity manager figure most distinctive of this reality, it was initially addressed its analysis to be classified as PSSI, cleared its organizational structure and discovering an image functionally trifaz: service provider, regulator (contract) and generating confidence. " Since this approach is to study the contractual relationship-training, the content and nature-legal entity linking the manager with participants MEC: access contract. The knowledge of the MEC, in its structure and functioning, complete with an analysis of scenarios that can recreate the responsibility of operating the MEC.

Author: PÉREZ ALBUQUERQUE M. ÁNGELES.
Year: 2004.
University: EXTREMADURA [www.unex.es].
Place of defense: FACULTAD DE ESTUDIOS EMPRESARIALES Y TURISMO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The paper touches on an overall assurance of a travel insurance on the modalities of the least pronouncements, legal and doctrinal exist. As a result we developed the institution's history, its legal regime and studying all the real and personal elements of the formal legal business, as well as the obligations of the parties to it, to finish making a categorization of varieties of this insurance. Our main source of study have been real contracts, conditional general, as well as the Insurance Contract Act, Law 50/1980, which apply by analogy.

Author: CHAMORRO DOMINGUEZ CONCEPCIÓN.
Year: 2005.
University: REY JUAN CARLOS [www.urjc.es].
Place of defense: FACULTAD DE CIENCIAS JURÍDICAS Y SOCIALES.
Place of preparation: FACULTAD DE CIENCIAS JURÍDICAS Y SOCIALES.

Summary: The research work presented is intended mainly the study of the legal system in Spanish law of redeemable shares. The shares are redeemable portions of the share capital, with particularity, or securities whose distinct feature is configured come from its broadcast as redeemable by the issuer, in accordance with conditions laid down in advance. The thesis explores both the Legal and policy redeemable legal actions, such as what makes her positive status introduced in 1998 by the legislature in Spanish law asociedad anonymous, in accordance with the 2 "Community directive in the field of company law. this includes the study of its characterization as shares in technical sense, the foundation of its status as a class action; analysis of the various purposes which underlie its broadcast and subscription and as any risks that the issuance of shares and redeemable their rescue can be assumed that the interests of creditors social existing shareholders, the issuer itself and the market. also sets out the regulatory models in comparative law and lies to the right Spanish within this framework. study of the regime jurídico-positivo of shares redeemable covers specialties presents its inception, subscription and redemption.

Author: GONZALEZ GONZALEZ MANUEL JESUS.
Year: 2005.
University: CÓRDOBA [www.uco.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: A Corporate Law immersed in the process of reviewing and redefining the need to increase the flexibility of rules and the ability of statutory self-respecting legal minimum to ensure the unity of the system but to enable the same time correcting the dissatisfaction of traders with existing structures, we go into the analysis of one of the walls of the old building corporate masters: social capital, noting the limited presence of his study in the current debate corporate, inquiring in his concept, origin, functions and principles management proposals for a new systematization, on the one hand, try to correct the current indifference of the doctrine before this legal category as generous in content and in theoretical elaborations on the other hand, it can also bring concrete solutions to the issue through corporate the relaxation of social decisions related to the increase or decrease of capital. Social capital is one of the fundamental pillars that underpin our study together with the concept of enterprise. As defining element of corporate activity, social capital is useful if it serves, so specific and individualized to the disparate reality that are now companies who are in corporations and why we go into the study of examples of social capital variable in our legal system and in the surrounding countries closer, with particular reference to the mutual guarantee companies, a reality through which, so glaring, equity variable, mutuality and company unite to meet financing needs and promoting the activity of small and medium enterprises in Spain. From our understanding of the reality of the mutual societies in Spain, analyze its role concept and economic development in the Spanish legal system and subsystem Andalusian, enlightening example of the SGR Cordoba CREDIAVAL RMS, which will meet 25 years of existence during next May 2006, and the elements and characteristics that define their legal status, especially with regard to corporate purpose, partners, organization, the economic and financial system and social capital. All this with response to specific problems that arise in the operation of these companies and proposals for new regulation, posing solutions or further discussion, near the thirty years since the first legal regulation of the SGR in Spain. This example and the detailed study of the RMS Spanish, along with study of the responses offered by the Law compared the debate on the equity variable, both in Europe (Italy, Germany and France) and the Anglo-Saxon countries, and references to Argentine law and Mexican, help us to raise as final proposal "Iege ferenda" that Spanish law allows, at least as a modality as a social nature and never again, given the proliferation of existing ones, that capitalist societies they reach a certain size or intended can constituírse and operate in the equity market with fixed and variable equity, building new figure to distinguish this from other existing today in our company, such as the authorized capital or capital delegate, or the background to the action in cartera.Completamos this study with some specific conclusions that define and give legal certainty to the proposed capital as a variable pattern, guaranteeing full subscription of the share capital and surrounding certain guarantees this important decision and a summary of the most important Bibliography it has been used, ordered his appointment in blocks Authors, magazines, reports, papers and draft legislation, legislation required consultation.

Author: MORALES QUINTANILLA RAMON ANTONIO.
Year: 2005.
University: AUTÓNOMA DE BARCELONA [www.uab.es].
Place of defense: Facultad de Derecho.
Place of preparation: FACULTAD DE DERECHO.

Summary: The presetnte work deals with the so-called doctrine of lifting the veil of legal, technical judicial Anglo-Saxon origin, by which judges may, in exceptional cases and ignoring the abstraction that is the figure from the legal personality when it it is used to carry out acts of fraud law, or third party as a way of violating a contract. This is intended to try cases apegue for reasons of justice and not mere formality, allowing the judge to charge directly to shareholders some of society to which they belong, where those have tried to evade compliance with maliciously the bonds, citing the separation of assets and liabilities between the company and its partners. This doctrine should apply prudencialmente therefore not governed constitutes an exception to the privilege of limited liability and respect for the personification distinct, which could lead to the crisis of the concept of legal person. Indeed, the absence in the vast majority of countries followers of the continental system circumvent a rule that authorizes the personality of a corporation, it has been pointed out that this application could result in legal uncertainty, as well as too vague and regarded itself to a third-party system our: the common law. The variety of effects, depending on each case, it allows the prosecution of each situation, in pursuit of the truth material.

Author: Lantan Barrientos Harold César.
Year: 2005.
University: AUTÓNOMA DE BARCELONA [www.uab.es].
Place of defense: Facultad de Derecho.
Place of preparation: Facultad de Derecho.

Summary: This dissertation deals with alternate means of dispute resolution, its origin, classification, use and regulation at the national and international levels. It looks especially mediation and commercial arbitration. It is divided into four chapters. The first relates generally to alternate means of dispute resolution, advantages, disadvantages and provides a description of the points that we think are most outstanding in various legislations. The second deals with the mediation, their differences to arbitration, its phases and regulating the functions of the mediator. Emphasis is placed on the legal nature of the agreement reached in this way and their differences in the Roman-Germanic system and the Anglo-Saxon; point that becomes more important with the signing of Free Trade Treaties call for the use of mediation and arbitration to resolve disputes between individuals. The third chapter is a comprehensive study of national and international arbitration. Analyzes items of the arbitration agreement, procedure, and its award of the legal remedies, among others. The international arbitration highlights the importance of the New York Convention and the Convention to Panama for the recognition and enforcement of arbitral awards made in foreign countries. Finally, the fourth chapter looks at the use of the means of resolving differences, especially, mediation and arbitration in the Treaties of Free Trade of El Salvador part.

Author: Granillo de Tobar Ana Yesenia.
Year: 2005.
University: AUTÓNOMA DE BARCELONA [www.uab.es].
Place of defense: Centro Cultural Embajada de España (El Salvador).
Place of preparation: Facultad de Derecho.

Summary: The investigation called "Electronic Signature", (special reference to the legal regime of El Salvador), presents an analysis of the regulatory framework for electronic signatures in El Salvador, which was built figure with a very limited scope. However, the need to incorporate the country into the globalized world and driven by the North American Free Trade Agreement between Central America, Dominican Republic and the United States of America, requires a legal analysis of the legal effect of the electronic signature in the contracts and the benefits of its use by the Administration. The investigation has been divided into four parts. The first part, called "Legal Framework" includes a study of electronic signatures within the legal framework of El Salvador as well as in comparative law and in the areas of European Community law and international levels. The second part "The Electronic Signatures. Overview" refers to the process of electronic signature, his relationship with the Cryptography and the role of certification entities. The third part, entitled "The Use of Electronic Signature in the field of electronic contracting" carries a legal study of the formation of consent in contracts concluded by electronic means and the impact of electronic document evidence. Also discuss the use of electronic signatures by the Cibernotary and for the banking system in general. Finally, the fourth party "Electronic signature and e-government" presents the different uses that the government can do in this figure, including: Employment by the judiciary, administrative procedures, their relationship with cybercrime, compliance tax liabilities, personal data protection and consumer rights.

Author: Díaz Martínez Rutilio Antonio.
Year: 2005.
University: AUTÓNOMA DE BARCELONA [www.uab.es].
Place of defense: UES-UNIVERSIDAD DE EL SALVADOR (EL SALVADOR).
Place of preparation: Facultad de Derecho.

Summary: This research work on "Individual Limited Liability Company and Sociedad Unipersonal. Salvadoran Special Reference to the law", deals in principle concepts business and society, to leave for granted full differentiation of the same, as are terms combined legally but not confused. There is also the legal form through which the individual and social entrepreneur can enjoy the benefit of limitation of liability. The investigation includes a section specially referred to the sole proprietorship, as shown recommended for the establishment of a genuine separation of assets and is interested in demonstrating the advantages compared to the Single Limited Liability Company provides the company with a single owner's equity . There will always be a study of the laws of the European Union, North America and Latin America, with the aim of establishing the model followed by the Salvadoran legislation, especially in terms of the number of partners as a prerequisite for the organization and functioning of society; advirtiéndose changes in that aspect has experienced the legislation served as a model for our own. A section is earmarked for the analysis of treatment that the law gives the Salvadoran society reduced to just one of its members, and its recognition as interim abnormal situation. Since the work is intended to offer a significant change in the field of company law Salvadoran incorporates an analysis of the forms of public control and commercial society of a single partner, to finally deal with aspects related decisions by the single member and how to document them, boards, governing bodies.

Author: BAÑULS GÓMEZ FRANCISCO ALEXIS.
Year: 2005.
University: SAN PABLO CEU [www.ceu.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The possibility that a company may acquire its own shares has been traditionally referred to with great distrust of the law, given the serious consequences that could result from this practice. However, these drawbacks do not constitute in any way the general rule, but set the box-so to speak - which could categorized as a "pathological situations of illegal use of a legal institution." The existence in Community law of a rule prohibiting a capitalist societies conducting operations derivative acquisition was fully justified. In Spain, after the revised text of the Corporations Act on December 25, 1989, and its subsequent amendments, has been incorporated in a reasonable corporate management of the Commonwealth, putting our country among the few who have made an adjustment his company law to all Directives entered into force.

Author: PANCORBO LÓPEZ MANUEL LUIS.
Year: 2005.
University: GRANADA [www.ugr.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO - UNIVERSIDAD DE GRANADA.

Summary: The absence in Spain of a basic rule, with the force of law, discipline an important sector of the recruitment market, as the banking sector has led to the current banking contract law is built, so incoherent, based on crowd administrative regulations and the use of, calls, general conditions incorporated in the contract documents that credit before the signing of their customers (adhesion contracts). This motivates the analysis of the customs and banking use as a second source of this particular commercial law, the parties involved in a relationship jurídico-mercantil, a bank, can argue, based on the art. 2 of the Commercial Code, and that, by reference to Art. 1.3 of the Civil Code, including common law, requiring it is tested. This thesis deals with the study, using the method technique, doing scientific research in three phases: Phase interpretative phase systematic and critical phase, dividing the book into three parts correlative. 1-In Part One is the preliminary examination of the uses of commerce, in general, and then uses the bank in particular, given their conservation as specific usage of Banking Law. 2-In Part Two, and orders are presented systematically different usages, customs and banking practices in place. 3-Finally, as part of the "Conclusions", posited the need in our country is finally adopted a Law on Banking Contracts: and of a compilation of banking use, as it plays an important role, as a source of knowledge of the right goal, which can not forgo any attempt at legislative innovation in banking.

Author: PÉREZ ESCALONA SUSANA.
Year: 2005.
University: LA RIOJA [www.unirioja.es].
Place of defense: FACULTAD DE CIENCIAS JURÍDICAS Y SOCIALES.
Place of preparation: FACULTAD DE CIENCIAS JURÍDICAS Y SOCIALES.

Summary: The Doctoral Thesis on the concept and status of the associations in Spanish law from conceptualization to the Association Society as an entity and not as counterposed to the Company in accordance with the absence of a profit. If the Company Law is the law of the organizations, the Association can be broadly defined as the basic model or type of companies with corporate structure to be placed under when, in the strict sense, the special Law of Associations for lack of capital , they must pursue a different purpose to profit, which does not preclude the realization on their part of a business, even as principal. The position advocated in the thesis is, in essence, to emphasize the need and benefits (efficiency standards and interpretative), which involves analyzing the legal regime of partnerships regardless of the obstacles, real or more historical force, which hinder their incardination in the Company Law. To that end, the aim has been twofold: firstly, we have tried to highlight the differences between the legal status of the associations and the legal regime of corporate capital companies that find no justification in the absence of the capitalist nature of the association. On the other hand, we have tried to fill the gaps in the legal system of partnerships with the analog application of the legal regime of Corporations and Limited, while corporate societies, respecting the particular features of the partnership.

Author: HENDGES MARGOT.
Year: 2005.
University: DEUSTO [www.deusto.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: This thesis deals with one of the seven cooperative principles adopted by the International Cooperative Alliance in 1995, namely the principle of cooperative education, rightly called the "golden rule of cooperation" to the extent that facilitates understanding of all other principles and aspirations of values or those who tend cooperatives, as well as their enjoyment. The work is divided into two distinct parts and complementary. The first is the theoretical support on which it will support the second of a practical nature. Thus in the first part explores the birth of modern cooperative with the cooperative in Rochdale in 1844, and its subsequent developments, placing it in the cooperative values and principles as a sign of the cooperative identity has been shaped most notably through the International Cooperative Alliance, an umbrella organization of cooperatives around the world through its federal agencies since 1895. From this overview focuses on the study of the sixth cooperative principle, namely the principle of education, to consider its evolution to the current interpretation that defines it as education, training and information, and analyze the meaning and scope of the principle well regarded. From this theoretical support addresses an empirical study on the current state of the principle in the region of origin of the doctoranda, River Valley Sinos, in the State of Rio Grande do Sul in Brazil. For the study applies a quantitative questionnaire to cooperatives in the region which are in the sectors of Health, Agricultural Credit, Education, Consumer, Housing and Production. Try to learn from the same about the state of the principle of cooperative education for, from diagnosis made, able to get in practice improvement actions for the most complete fulfillment of the principle.

Author: QUINTEROS DE QUINTANILLA MIRNA VICTORIA.
Year: 2005.
University: AUTÓNOMA DE BARCELONA [www.uab.es].
Place of defense: UES-UNIVERSIDAD DE EL SALVADOR (EL SALVADOR).
Place of preparation: FACULTAD DE DERECHO.

Summary: This paper aims to present the importance of the nationality of the ship and delineate the legal effects that occur in the various areas of national and international. In chapter I developed the legal nature of the ship, and the rights and obligations in relation to the state that gave him the flag. In Chapter II discusses international regulations on the ability of States to grant nationality of the ship, including the UN Convention on the Law of the Sea of 1982, and the Geneva Convention on the High Seas, 1958. Chapter III is up to examine the duties of state recognized by international law, in the proper exercise of its jurisdiction and control in administrative, technical and social matters over vessels flying its flag. Chapter IV presents the phenomena of flags of convenience and the consequences generated in the various fields. In Chapter V develops the principle of nationality and the legal regime applicable in different spaces aquatic facing the ship. In Chapter VI is conducting a study concerning international maritime conventions are applied according to nationality, and the applicable international rules limiting the rule of the hall. Chapter VII we refer to maritime safety and its importance in navigation. Finally Chapter VIII develops nationality of the ship and its impact on labor and social system on seafarers. In conclusion, the reflections aimed lead us to determine the importance of citizenship as an institution.

Author: HERNANDEZ SAINZ ESTHER.
Year: 2005.
University: ZARAGOZA [www.unizar.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The thesis explores how thorough the prohibition of abuse of inside information contained in art. 81 of the Securities Market Act. It offers a new rationale for the ban, considering that the legal right protected by the same is the integrity of the securities markets, understood as one quality that makes markets are fair because those involved in trafficking behave correctly. It examines in detail each of the components of the ban; concept of privileged information, recipients of the ban, prohibited conduct (negotiation, communication and recommendation of operations based on inside information), detection, investigation and punishment of abuse information privileged and misuse of inside information when there are elements of Aliens

Author: Verdú Cañete María José.
Year: 2006.
University: MURCIA [www.um.es].
Place of defense: Facultad de Derecho.
Place of preparation: Facultad de Derecho.

Summary: The memory thesis aims to study the liability of the directors of corporations declared bankruptcy. In particular, it addresses the treatment of the budgets for enforcement and the role of the new legal regime of liability in art. 172.3 of the Law 22/2003, of July 9, Bankruptcy. Likewise, it seeks to establish a system of relations and coordination between this regime bankruptcy of the regime and corporate responsibility, which also is applied within the bankruptcy. Prior to the Bankruptcy Act, some authors had expressed the need to provide specific solutions liability of managers for the circumstances in which they generate or illegally aggravate the state of insolvency of the company with consequent perjudicio to creditors. Corporate Actions (social action, individual action and action liability for breach of duty to promote the dissolution) did not appear to give proper treatment of the issue. Such special regulations exist in some Ordenamientos our environment. Thus, under the action complements liabilities French or Belgian, or by regulating the wrongful trading in the British system, administrators could be forced to contribute to their personal assets to pay liabilities of the company imersa in a collective procedure insolvency. The Spanish legislator, probably influenced by the existing regulation in other countries (mainly the French rules) introduces into art. 172.3 LC liability of managers for specific bankruptcy, with a limited scope and a legislative technique that is debatable. On the one hand, the lack of clarity in drafting the provision raises numerous questions of interpretation that have been revealed by the auotes in the various comments that have happened to the approval of the Bankruptcy Act. On the other hand, it is not excluded the application of the system of corporate responsibility manager. This determines whether the decline in virtudalidad practice of the new regime of responsibility, the possible occurrence of various regimes at the same course in fact. To avoid double compensation for the same damage or unjust enrichment of creditors is necessary to coordinate the different assumptions of responsibility that can compete within the contest. This is precisely the goal of the Doctoral Thesis. Following the delineation of the legal nature and the scope of the actions of corporate responsibility, we boarded the treatment of the legal and budgets implementation of the so-called bankruptcy responsibility for the further study of the alleged conflict or competition in a attempts to find solutions with regard to the practical application of the various precepts.

Author: GARCIA SOLE FERNANDO.
Year: 2006.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of preparation: FACULTAD DE DERECHO.

Summary: The contract Lease financiero-leasing, introduced in Spain in the 60's of last century has been a spectacular growth in commercial practice Spanish as financing instrument at the service of employers. Among the various legal problems arising is shaping the pact purchase option, so that they have discussed various issues surrounding this pact, including whether the small amount of money said, implies the existence of a simulation contract . The thesis defending freedom in its setting, without necessarily implying a price low simulation contract. It also examines whether the pact option to purchase is essential to the financial leasing contract, concluded in the negative. Lastly "lege ferenda" intends convenience to articulate a system of contract resolution allowing in certain circumstances the user recover some of their investment. Also lege ferenda proposes the possibility that enable ex lege "change user regarding lesing property without consent of Lessor Financial.