PRIVATE LAW

Author: LOPEZ MARTIN DE LA VEGA RAFAEL.
Year: 2003.
University: CASTILLA-LA MANCHA [www.uclm.es].
Place of defense: FACULTAD DE DERECHO DE ALBACETE.
Place of preparation: FACULTAD DE DERECHO DE ALBACETE.

Summary: An investigation is made from a multidisciplinary perspective on the right to strike for civil servants, in general, and in particular on the existence and content of article 409 of the Criminal Code that, when everything seemed to indicate recognition of the right, it comes to criminalize strike for this group of workers. Based on the analysis of historical and current legal framework, mulling over legal principles well established in our law, particularly from the areas of Criminal Law and the Law of Labor, the thesis concludes raising the need for Article 409 of the Code Criminal 1995 eradicated from our system for reasons of dubious constitutional adequacy, inappropriate use of the criminal law, criminal and inappropriate political questionable legislative technique

Author: CARBALLO PIÑEIRO LAURA.
Year: 2003.
University: VIGO [www.uvigo.es].
Place of defense: FACULTAD DE CIENCIAS XURÍDICAS E DO TRABALLO.
Place of preparation: FACULTAD DE DERECHO (SECCIÓN DELEGADA).

Summary: The purpose of the Doctoral Thesis is dealing with problems of international jurisdiction and applicable law of the action pauliana, two modalidades.La action pauliana consists of the power to challenge a valid act, which holds that the creditor can not meet otherwise their right to crádito.A this end, the legal system provides a tool that involves the declaration of ineffectiveness, relative and partial act válido.El basis of the action Pauline is the protection of credit and its socio-economic role is in redistribute the damage caused by the insolvency of the debtor among the largest number of subjects traffic juridico.Ambas patterns Pauline action, as provided for in civil law and under the bankruptcy law, have an essential unity, but the existence of a insolvency proceedings determines different interests, which require a specific treatment of the problems of private international law of the action Pauline concursal.En this context, the main conclusions of the thesis is as follows. 1 Â eighth-action pauliana ordinary be exercised at the home of demandado.Quién be sued is an issue that should determine the law applicable to the action pauliana because it is a problem of legitimacy, and in ete sense, the comparative law shows ordinations requiring litisconsorcio liabilities and others who need only call to benefit from the act ampugnado. 2 Â eighth-law action pauliana ordinary should be the law governing credit objecting, as it relates to its foundation, protecting the credit, and is best suited to the interests presentes.Estos not part of the confrontation between the creditor objecting interested in the decay of the act, and baneficiado by the contested measure, interested in its preservation, but the protection of traffic safety law, which operates through action pauliana forcing players to determine what legal traffic pechar must with the insolvency of the debtor, to avoid a greater harm, to prevent insolvencies in cadena.La option by the law governing credit provides a confidence factor more traffic law. 3 Â eighth-vis attractive concursus appears as a concurrent forum to address of the defendant, when the action pauliana is concursal.Ésta presupposes an insolvency proceeding or open in the State of bringing pauliana is concursal.Ésta presupposes an insolvency proceeding either open in the State of bringing pauliana well recognized. 4 Â eighth-law action pauliana bankruptcy is the lex fori concursus since that match goals legislative policy (both seek to maintain the legal distribution of loss among all players in the legal traffic). Overlapping between and an institute and another call for the implementation of the Act, to avoid problems of adaptation.

Author: LÓPEZ ORDIALES JULIO JESÚS.
Year: 2003.
University: EXTREMADURA [www.unex.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: It deals with the study of phase recognition in Spain of international adoptions agreed by foreign authority, in states not signatories to the agreement of 1993 and has analyzed the various problems that arise at that time. It examines the entire process of international adoption, since its administrative phase until qualification -_. Logged these problems and their origins are proposed various solutions applicable to the various stages of the process, as well as suggest changes to the concept and background in the text of Art. 9.5 CC, with the aim of adopting this provision to the content of the agreement has to 1993, on the one hand, and avoid coming to arise the problems described.

Author: LÓPEZ ORDIALES JULIO JESÚS.
Year: 2003.
University: EXTREMADURA [www.unex.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: It deals with the study of phase recognition in Spain of foreign adoptions international agreed by foreign authority, in states not signatories to the Hague Convention of 1993 and discusses the various problems that arise at that time. It examines the entire process of international adoption, since its administrative phase to the registration qualification. Logged these problems and their origins are proposed various solutions applicable to the various stages of the process, as well as suggest changes to the concept and background in the text of Art. 9.5 CC, with the aim of adopting this provision to the content of the Hague Convention of 1993 on the one hand and to avoid coming to arise the problems described.

Author: IRURZUN UGALDE KOLDO GOTZON.
Year: 2004.
University: PAÍS VASCO [www.ehu.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO DE DONOSTIA.

Summary: This research work examines the spaces occupied by collective bargaining in professional sports management Spanish state. Through the study of collective agreements signed in the Spanish league football, basketball, cycling and handball remains the view of the low incidence of the same in the structuring of the labor market sector, which on the other hand is a productive factor central to this activity, and whose current regulation addresses necessarily the economic structural deficit, endured, unjustly, by taxpayers. Faced with this European model of professional sport subsidized stands, and is proposed as regards alternative, the industry of the North American leagues, especially football, aiming at economic benefit as a primary objective and that uses collective agreements as a primary source vertebradota labor market.

Author: YBARRA BORES ALFONSO.
Year: 2005.
University: PABLO DE OLAVIDE [www.upo.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO (DEPARTAMENTO DE DERECHO PRIVADO).

Summary: The extraterritorial nature of the acts and decisions, in general, is an issue that every day is over now in a Europe where they deleting the legal barriers between Member States. In the field of recognition and enforcement of judgments there has been considerable progress in the legal field especially in the area of private law (civil, commercial and labor) and recently, particularly since the Tampere summit in October 1999, there have been important steps in criminal matters. However, the recognition and enforcement of administrative acts have not been so widely welcomed, the pretense of being complicated extraterritoriality of the same due to the strict application of the principle of territoriality derived from the sovereignty of States. The paper deals in the market of private international law to justify the possibility of establishing a European system of recognition and enforcement of a particular type of administrative acts, penalties, as nature keeps obvious similarities with criminal sentences. Achieving such a claim will be the culmination of achieving a genuine area of freedom, security and justice in the European Union, though the Hague Program 2004, a good place for the treatment of the topic.

Author: Parada Gámez Guillermo Alexander.
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: Refer to the process involves civil oral starting in the analysis of the core of the fundamental guarantees and reach its implementation in the courts. This approach previously rooted constitutional is necessary because the sum of those guarantees, permeability found inside the procedural development called under this regime. This procedure begins with the track suit that is analyzed by the judge when it is filed under the warning that failure to comply with the formal and substantial requirements, it will not be accepted for processing. Verified these, originates displacement by "writing" of acts of initiation process, which culminated in the holding of a preparatory hearing where he exercised the function saneadora, delimitadora or conciliatory in his case, the litis. Fijados the terms of the debate, the parties should be sent another proof, ie evacuate the phase of "discovery" so that only exchanged between them may be made later in the hearing of evidence. After this vigilance, we must hold such a hearing under the rigor of the principles of orality, immediacy, concentration, speed and contradiction, as a platform essential. Produced and valued testing, the process ends abnormally normal or, as appropriate. Normally with a final judgment rendered preferably in voce; abnormally when attending a cause that prevents the valuation of the fund as claimed, which could be equally pronounced in voce. After such completion, the parties have the right to challenge the outcome of the process through the various resources that the law franquea. During these proceedings, in a similar way to the first instance, is scheduled to hold hearings on the Exercise of the allegations. After that, confirmed or partially modified the judgment and therefore have remained firm, runs expedited leaving the possibility that also hold one or more hearings inside this stage, for the sole purpose of hearing and rule on the terms of any opposition to the same formulation.

Author: ARRIETA IDIAKEZ FRANCISCO JAVIER.
Year: 2005.
University: DEUSTO [www.deusto.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: That argument pursues the comprehensive analysis of the Social Security workers in the sea from the point of view of the Spanish legal system. The intention, thus exposing specific situation in this area, with special reference to the problems arising from globalization and internationalization of the economy in the area marítimo-pesquero and its possible solution. First, it justifies the existence of the Social Security Seamen's historical perspective, taking into account the various techniques of protection along the history and their impact on seafarers. Secondly determining the scope of the special scheme for Social Security Seamen's, as a core of the protection of seafarers, although records that the era of globalization has brought calving new cases beyond the protection afforded by the current security system Spanish, such as flags of convenience, the Spanish Register of Shipping and Shipping Companies of the Canary Islands and societies fishing mixed. Thirdly, we propose various solutions, with the aim of extending these cases the application of special scheme for Social Security Seamen's. Fourthly, addresses the legal relationships instrumental for the implementation of the Special Regime, with the aim of highlighting the specialties existing therein. Fifthly, we studied the rest of protection mechanisms applicable to workers of the sea, namely non-contributory benefits, welfare internal Social Security and Social Security voluntary.

Author: SANDOVAL ROSALES ROMMELL ISMAEL.
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: The process of Judicial Reform in El Salvador has been immersed since the early 90's last century to the present, he guided the drafting of the lesgislación criminal trial of a "writing" without collateral to a prosecution based on "oral" in respect for constitutional guarantees. The Code of Criminal Procedure (CCP) of El Salvador recognizes a catalog of rights and due process for the victim and the accused. The CCP is based on the system of mixed content in the Code of Criminal Procedure model for Latin America, itself the legal culture mainland. However, the CPP as a mixed system is not adapted to the system adversativo-acusatorio of the Salvadoran Constitution. Moreover proof witness, based on the model adversative not articulated adequately with the rest of the body of evidence of the CCP. The thesis is distributed into five chapters. A preliminary chapter describes the historical background, the objectives of the investigaicón, methodology and the general description of the same. In chapter develops a general theory of the test, the second chapter describes the differences between acts of investigaicón and acts of proof, and the roles of police, prosecutors and judges. The third chapter explains the procedure to practice evidence in the trial Salvadoran and fourth and the last chapter of the consequences of evidence of witness and evidence of reference. Along the body of the thesis are proposing suggestions for improving the system probative Salvadoran adapting to a model adversativo-acusatorio. A comparison is made between the model Salvadoran solutions in the Spanish model and the American model.

Author: BAZ TEJEDOR JOSE ANTONIO.
Year: 2005.
University: SALAMANCA [www.usal.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: Given the rule of law guarantees courts are reactive cornerstone avoiding attacks on these consolidations constitutional freedoms, turning them into real and effective. In the Spanish Constitution appear procedural remedies intended solely for the protection of certain fundamental rights, constituting a privileged legal protection. This is the case of preferential and summary procedure, developed at headquarters of ordinary jurisdiction, as provided in Art. 53.2 of the Spanish Constitution, seek a judicial protection substantially rapidly given the significance of the objects protected, the foundation of political order and social peace, while judges and courts called to be natural guarantor of fundamental rights.

Author: ÁLVAREZ GONZÁLEZ SUSANA.
Year: 2005.
University: VIGO [www.uvigo.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Author: PALOMINO SAURINA PILAR.
Year: 2005.
University: EXTREMADURA [www.unex.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The thesis examines the part-time contracts in Spain and the member countries of the European Union. For this reason, is structured into two distinct parts. In the first one boat that the first four chapters, gives an overview of what is the current situation of workers entering the labor market in Spain, using a part-time contracts. So, based on the historical evolution of the regulation of this kind of employment gives way to study its legal regime, the Social Security part-time workers and other contractual arrangements related to this particular figure like the relief contract or contract fixed discontinuous. The second part of the thesis discusses part-time work in the European Union. Therefore, after consideration of the relevance of this form of employment in the context of social policy community deals with the regulation of part-time work in each of the member countries to make a special reference to aspects such as labor Social Security.

Author: FERNÁNDEZ MARTÍN MARIO J..
Year: 2005.
University: REY JUAN CARLOS [www.urjc.es].
Place of defense: FACULTAD DE CIENCIAS JURÍDICAS Y SOCIALES.
Place of preparation: UNVIERSIDAD REY JUAN CARLOS.

Summary: * Detailed analysis of the different models of these institutions camerales: the Anglo-Saxon model of private law, the French and continental model of public law and the hybrid of the two. * Study the functions camerales in these models. * Analysis of the Spanish case, analyzing their background and study developments and current regulatory framework. * There is also a review of the resources of unconstitutionality raised in both Germany and Spain because of the mandatory membership. * Finally revising structures camerales of the 25 member countries of the European Union.