PROCEDURAL LAW

Author: MOUGENOT BONFIM EDILSON.
Year: 2004.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The dissertation is based on the premise that it is necessary to enhance the effectiveness of the criminal justice process, without entailing an injury to the rights and guarantees that are acusado.Tradicionalmente, has come to the principle of proportionality to determine the limits that it was possible punitive measures of the state versus the delincuencia.Se be noted, however, that the principle of proportionality, has become only a mdedio defense of the accused, in so far as its essence seems heberse focused exclusively on the call "ban excessive." This paper aims to show that this principle can also justify a higher inmision of governmental authority on the field of supporting documents, as it must be acknowledged that it is also embedded in a ceiling opposite, consisting of the so-called prohibition principle of protecting weak, forcing the state to take into account the need to give satisfaction to the public interest in the prosecution.

Author: GOMEZ JIMENEZ M. LUISA.
Year: 2004.
University: MÁLAGA [www.uma.es].
Place of defense: DERECHO.
Place of preparation: UNIVERSIDAD DE MÁLAGA.

Summary: In this Doctoral Thesis is a rigorous study of the different techniques of administrative intervention in housing, with particular attention to the various schemes or arrangements for protection or public advocacy. It contains an extensive study of the historical development of techniques for intervention from years 50, in connection with the enactment in 1956, our first Land Law. The Housing Plans also occupy a prominent position within the auditors review of the instruments. It warns the heat gap between needs to be covered and the budgetary resources available, in addition to the existing uncoordinated, from our model of constitutional rule, among the various public administrations. But malfunctions also warn to see the disparity between urban planning and public action in the real estate market. The policy on leases is a clear example of this; control rents, the freezing of rents and perhaps excessive protection of the tenant have cemented a culture of seeking home ownership by the user or ultimate consignee. The conclusions places special emphasis on the need for intergovernmental co-ordination and proper renewal of the building measures.

Author: RAMOS ROMEU FRANCISCO.
Year: 2004.
University: AUTÓNOMA DE BARCELONA [www.uab.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: ESCUELA DE POSTGRADO.

Summary: The precautionary measures are a civil procedural instrument paramount trying to cope with situations in which over time can lead to the frustration of legal protection it is intended, but it also still exists uncertainty about who is right. The regulation of prudential supervision should try to minimize the expected damage that may occur in these circumstances, it must promote the best action and avoid no-óptimas. The schedule of work is articulated on the basis of these ideas. Chapter 1 raises the issue of prudential supervision, the goals must pursue its regulation, and makes a historical study of the same, and an empirical investigation of its current use. Chapter 2 defends, from the constitutional jurisprudence, the existence of a right to judicial protection precautionary derivative of art. 24 EC and responds to critics of this law. In addition, derives its practical implications in terms of guarantees applicable to the prudential supervision and analyzes system resources resolutions against Prudential. Chapter 3 examines the first mechanism to make that request only relief best: accountability. It defends the use of this mechanism beyond judicial control of prudential supervision, to be more agile and efficient, while discusses specific issues of justification of damage, accountability, responsibility fashioning his complaint procedure. Chapter 4 investigates the mechanism dela security precaution, supplementary liability. It warns that while avoiding the application of measures no-óptimas, where the amount is fixed properly, it also avoids the best action. It is desirable that the bond therefore depends on several factors -insolvencia plaintiff's probability that the measure is óptima- that can define the legislator or judge. Chapter 5 is devoted to the study of judicial review as a mechanism to prevent it from applying measures no-óptimas. Detainees are said to be complementary to the responsibility if not all the damage is repairable in cash, when there may be others damaged, and when the measure is absolutely undesirable. After analyzing the adequacy of the relief in respect of a particular case, need -atendiendo measures alternativas- and proportionality. Chapter 6 deals with the complex question of the allocation of costs based on prudential and believes that it would be desirable to avoid the costs, Prudential independent of the main sentence. Chapter 7 examines the procedures for handling claims of prudential supervision and defends it is a procedure that should take precedence in the effectiveness of protection of the rights of defense. Chapter 8 finally concludes with a review of the major themes of the prudential regulation of guardianship: accountability vs.control court, right to effective vs.derecho to defense, independence vs.dependencia the injunction, general regulation vs.regulación specific prevention vs.indemnización.

Author: ORTIZ PRADILLO JUAN CARLOS.
Year: 2004.
University: CASTILLA-LA MANCHA [www.uclm.es].
Place of defense: FACULTAD DE CIENCIAS JURÍDICAS Y SOCIALES.
Place of preparation: FACULTAD DE CIENCIAS JURÍDICAS Y SOCIALES.

Summary: The dissertation presented under the title precautionary measures regarding trade rigorously analyzes critical regulatory prudential supervision of the civil proceedings relating to the scope of trade (such as patent challenge agreements corporate, intellectual property, etc.). taking into account the regulations of German law and Italian law, as well as national and jurisprudence of the ECJ issued on the matter. Along with the establishment of a general theory of prudential supervision concerning its foundation concept, budgets and characters, the author examines the extent and limits of the Spanish jurisdiction to adopt and implement interim measures relating to judicial processes to continue abroad, as well as the prudential supervision in conflicts of jurisdiction, to complete the analysis, in a systematic way, each stage of the precautionary procedure since its request until its uprising and damages prudential by the applicant.

Author: MARTÍNEZ PARDO VICENTE JOSÉ.
Year: 2004.
University: VALENCIA [www.uv.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: This thesis can be fit within the Aliens Law, which takes great interest as a result of a rise in migration afflicting our country in the last decade. The aim of the thesis is confined to a camp in the Aliens Law, concerning the arrest and detention of aliens prior to their expulsion, with reference only, exceed the proposed item, administrative, or criminal labor they may be foreigners. They are examining whether the measure arrest and the preventive measure of internment in prison, and the very decision of expulsion, are necessary to protect the interests of the State, and if there is adequate judicial review of decisions fundamental rights of foreigners, and in particular, those who are affected by such measures, such as the right to liberty and security of person (Article 17 EC), the right of defense (Article 24 EC) and the law the freedom of residence (Article 19 EC). The current regulation of this area is in the LO 4 / 2000 of rights and liberties of foreigners and their social integration, reformed successively by the Organic Laws 8 / 2000, 11/2003 and 14/2003. The sanctions regime under the Act governing the expulsion from abroad as a punishment more specifically affecting the right to freedom of movement, being able to distinguish between administrative and judicial expulsion. Inside the administrative expulsion, in turn, is distinguished as a substitute for the punishment of a fine (Section 57.1 4 / 2000) and the expulsion sobrevenida in cases involving foreigners convicted (Art. 57.2 4 / 2000). The alleged expulsion with judicial authorization are set forth in art. 57.7 LO 4 / 2000 "to the defendants or defendants in criminal proceedings, with penalty less than six years" and in art. 89.1 COP, as a replacement of the sentence, regarding the sentences of less than six years imposed on non-resident aliens lawfully. The arrest under the Aliens Act, for the purpose of expulsion from the national territory, is scheduled for the following assumptions: 1. By instituting a procedure for expulsion; 2. For failure to comply with the expulsion order, and 3. For the return from abroad intending to enter the country illegally, or to return from abroad that the border not be allowed entry into the country. The alien's internment in prison does occur, as a precautionary measure, in an administrative procedure and is a "personal compulsion" that affects the right to personal liberty. The judicial authorization corresponds to the Examining Magistrate found abroad internal disposal of the judicial authorities. The duration of placement will be for the time required to run the expulsion, but may not exceed 40 days. Internment will agree in cases of expulsion, return, return and for the implementation of the expulsion order. The centers for foreigners are public non-prison under the Ministry of Interior, who enjoy social services, legal, cultural and health, where inmates are deprived of the right only outpatient.

Author: CANCIO FERNÁNDEZ RAUL CESAR.
Year: 2004.
University: REY JUAN CARLOS [www.urjc.es].
Place of defense: FACULTAD DE CIENCIAS JURÍDICAS Y SOCIALES.
Place of preparation: FACULTAD DE DERECHO UNIVERSIDAD AUTÓNOMA DE MADRID..

Summary: The government and its employees are not incompatible with the full receipt of preventive legislation, except those exceptions that are worthy of such a qualification eg enforcement of seguirdad state, reception however, has been charged with such a degree of adequacy, which in recent years has generated a real distortion of the preventive protection of public employees, making this scope in the perfect antonym of emphatic vocation universalizadora of Law. The analysis of the instruments, their history, the constitutional framework in which it is located, as well as mechanisms of accountability when the government violates provisions of a preventive nature, are maniferstaciones revealing the slack between the protection and prevention of health and government employees as recipients of such coverage. Such impairments merely confirmed and extended in the area of administration of justice, where adaptability of the difficulties inherent in any administration, are overwhelmed by the inapplicability absolute sectors remarkable preventive order, which implied in encroachments the rights of public employees described therein.

Author: BONACHERA VILLEGAS RAQUEL DOMINICA.
Year: 2004.
University: ALMERÍA [www.ual.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: Study of the regulatory powers of general government with special reference to reglamientos illegal and control, judicial, with analysis of key institutions that offer procedural peculiarities in the judicial review of regulations such as. The budgets of jurisdiction, the parties in the process, the purpose of the process, the procedure for bringing an application for annulment of the general provisions, the judgment and its effects, and ejecucción and relief.

Author: GRANDE SEARA PABLO.
Year: 2004.
University: VIGO [www.uvigo.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The memory thesis consists of a study on the subject that is affected by the effectiveness of double jeopardy material derived from a civil lawsuit. Here it is double jeopardy differentiate from other related figures and the effectiveness reflects the judgment and predusión and explain how it affects the double jeopardy material to the various categories of teneras, given the connection between his legal situation and the deduction in the process. He dedcica special attention to the subject delimitation of double jeopardy arising from the procem for enforcing mterses collective and broad consumer and usuan, radación with which the LEC of 2000 provides multiple specialties process.

Author: ALEJANDREZ PEÑA PEDRO.
Year: 2005.
University: CÓRDOBA [www.uco.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The significance of the qualitative and quantitative aspects property arising before the marital crisis is evident. We must not forget that while personal relationships are strongly affected, many times in the life of our daily practice courts can see that the issues between them focus more on the world heritage surrounding the family, and this happens to the amount of pensions (food, compensation, etc.), and the liquidation of the prenuptial. This is the primary object of our work, the problem of heritage over the classification of goods, which carries its determination as acquisitions or private, within the scope of the procedure which naturally develops them, that is, enshrined in the process of liquidation implanted ex novo, the Code of Civil Procedure 1 / 2000, which implies the study of the procedural and substantive rules that go entrelazándose. Accordingly, on the one hand, answers the procedural issues that the current Act adjective left unresolved. Examples of legal institutions which fall subjective and objective elements, budgets of the court and the parties, as the jurisdiction and competence, legitimacy, Notary, and the procedure for the partition additional completeness are analyzed with both aspects of referring law, as in a special way, not collected. It analyzes up to four procedures, legally established. The self-liquidation of prenuptial (phase inventory and liquidation), the incident by the oral proceedings of the trial, to resolve the dispute, inventory, management, and disposal; verbal another trial to resolve opposition to cuadreno particional meter -partidor, and finally, the trial regular, to assert definitavamente property rights awarded. Additionally, the paper explores other avenues of redress for conducting the liquidation, not covered by the procedural law, but which are implemented in the daily practice of our courts. Moreover, the heritage is investigated mainly in the incident inclusión-exclusión property, which provides legal exposure substantive and especially the huge casuistry arising from the case, which is analyzed and systematized in depth, dividing the classification of goods in acquisitions, private or mixed, based on the following sections. A) By the time of the acquisition, production or accruals: within them by the events occurred before the start of society ganancial; throughout its duration; by events after the cessation of fact living apart, for events subsequent to the adoption interim measures or non-enforceable sentence, and after the extinction of the company acquisitions. B) At the intervention of third parties or events not related to the weather.

Author: MONTESINOS GARCÍA ANA.
Year: 2005.
University: VALENCIA [www.uv.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: Witnessing the birth of so-called conflict resolution mechanisms on line, a new form of ADR but this time via the Internet, ie, by electronic means: ODR (online dispute resolution), which structure and resolve disputes in the Network, if not in all phases of the procedure, if largely the same. In order not to stay beyond this phenomenon, we have attempted to elucidate in this work if the network (the Internet) can be found in the arbitration, and in general in the various ADR, an appropriate way to resolve conflicts as a tool to accelerate and dowry effectiveness of these new media, Internet provide new mechanisms for transmitting the information and streamline virtually all of the various phases of the arbitral process, such as the filing of pleadings initial documentation of the proceedings, acts of communication or even procedural practice certain tests, thereby removing the barriers of space and time. The new law arbitration Spanish 60/2003 bet clearly by the use of new technologies in the development of the arbitral process, which has benefited enormously novelty the emergence and development of on-line arbitration.

Author: DEL RÍO FERRETTI CARLOS MAURICIO.
Year: 2005.
University: VALENCIA [www.uv.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: It is the duty of procedural study of correlation of the judgment with the prosecution and the defense, which examines in particular the legal basis of the correlation and its specific contents. The investigation has focused on the study of Spanish and Chilean law, using the method of comparative analysis, in order to draw conclusions highlighting matches which can be attributed to regulatory systems and also indicated reflects criticism that can be subdue.

Author: ARAQUE IZAGUIRRE TANIA.
Year: 2005.
University: SALAMANCA [www.usal.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: This thesis takes as a study center to the victims of crime as part procedural active, ie the victim personada as private prosecution in the criminal process, and to give the reader an opportunity to make a journey through the different stages of the criminal process hand in hand with this figure poorly served by the doctrine and criminal procedural law; trying simultaneously unify the treatment so far has been the same, that it has been highly dispersed. The private prosecution is then analyzed in the light of the theory and criminal procedural law, comparatively investigating the way it regulates the participation of the accuser, primarily in the legal systems of Spain, and Venezuela, though, noting also, on time, regulation of the involvement of the victim in criminal proceedings while in other Latin American countries and Europe, as in the framework of international regulations concerning the status of the victim, and their protection and rights in criminal proceedings. Thus, over six chapters explores the concept and rationale, and the ability and legitimacy of the accuser; its status as a subject of the claim and the claim punitive civil damages, and legal regime that sets its intervention the implementation phase of the process, as well as the adequacy of the private prosecution for access to the victim collective criminal proceedings with regard to the protection of interests of the group. All this under a renewed vision of the victim complainant based on modern ideas that are endorsing the need for the participation rights of offended by the crime have a dignified place in the court order, providing a fair relationship with the other parties criminal proceedings.

Author: GISBERT ZAMORA MARTA.
Year: 2006.
University: VALENCIA [www.uv.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: Citizens in many areas of your life you need to make sure, unsure what to put in the position of the insurance, because by law or just because he wants to do so is directed to an insurance company to buy insurance in which in most cases it is difficult to understand for the insured and following which there will be a long-term relationship based on trust. The insurance contract is a special characteristics that necessarily imply specific claim guardianship to hire an insurer, with a complicated organization of the much larger project likely to have the insured or the insured. Undoubtedly, this is a complex world unknown to the public, generating a great conflict and full of loopholes for the courts, being the only insurance companies that dominate. On many occasions due to the excessive slowness of the judicial organs, the high cost involved in going to court, which is sometimes more the economic cost of going to the same as the value of the claim, along with economic power bestowed insurers, it is frankly difficult for the insured can exercise their claim in court. This, coupled with the position of weak party that holds the insured in the insurance contracts, and the fact that he can fall on the status of the consumer, has aroused great interest of the public authorities to promote new ways of conflict resolution outside litigation. Thus, the conflicting nature of the contract of insurance, the importance of the activity of the risks taken and the balance between the parties involved in the contractual relationship led to the need for a public hearing to respond to concerns about the tutelage from policyholders. It is necessary and requires that the insured have a mechanism for consultation or complaint before the courts or substitute for it, faster, closer and cheaper. Aware of this situation, there has always been a special interest in protecting the insured, as we have seen in the regulation of insurance. Therefore, along with the judicial law provides other means through which the parties can resolve conflicts resulting from the insurance contract giving, thus validating the means of redress. Thus, Article 61 under the title "mechanisms of conflict resolution" provides for the possibility of subjecting the differences to arbitration decision in terms of article 31 of the General Law for the Protection of Consumers and Users, namely the so-called arbitration consumption and, in any case, without prejudice to earlier, may also submit to arbitration disputes, which have arisen or may arise, in terms of their free disposal in accordance with law, in terms of the Arbitration Act. Along with this provision, the legislature has also provided some means of enforcing specific and concrete world of insurance, these are: the figure of defender of the insured under article 63 and an administrative special protection under Article 62. But they are not the only possible means of settlement of disputes. Given the dissatisfaction that produces turn to the courts for resolving disputes arising from the settlement, the Insurance Contracts Act contemplated in Article 38 proceedings specifically for this purpose, is a procedure known expert settlement. Note that the clearance is a constant source of casualties. In recent years most of these means of enforcing specified in the field of insurance have been altered because of the need to adapt our legislation to the Community Directives. This has led to new rules that necessarily have an impact on the figure of the Ombudsman for sure 8 rado karma 426 n administrative protection, because in the latter case there has been the creation of a new figure, the Commissioner for the Defense of insured and Participate in Pension Plans. This coupled with the adoption of the new law 60/2003 arbitration has aroused great interest on the feasibility of means of settling extrajurisdicionales under the safe.

Author: SAIZ GARITAONANDIA ALBERTO.
Year: 2006.
University: PAÍS VASCO [www.ehu.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: In this thesis examines the organization of the Administration of Justice in Spain, with special interest in the powers of the same that are being developed in the autonomous regions. The structure of the doctoral thesis would be as follows: PART I: The jurisdiction and its fundamental principles in the rule of law. It examines the modern concept of the judiciary, and their reflection in the Spanish Constitution d e1978, is a special interest and the principle of judicial independence and the principle of jurisdictional unity, analyzing this from the standpoint of the structure of the State in Spanish Autonomous Communities. PART II: The government of the Judiciary and its projection in the state autonomy. It examines the Council of the Judiciary as top governing body of the judiciary in Spain, as well as how to deal with this issue in other countries compounds (Italy and the United States of America). It also discusses the Chambers government of the High Courts of Justice, as a decentralized government bodies at regional level, as well as the possibility of creating Councils of Justice in these territories. PART III: The Powers of Ls institutions of the autonomous communities in the management of the Administration of Justice and the judicial districts. We have studied the distribution of personal jurisdiction over the means and materials involved in the administration of justice between the state and the autonomous regions, as well as possibilities for them to intervene in the setting of the judicial boundaries of its territory. PART IV: The reality autonomic and its projection at organizativo-jurisdiccional. The High Courts of Justice. The Justice Near. Discusses the High Court of Justice as the highest court in the autonomous regions, underlining their current skills and the potential to expand their functional framework.

Author: GARCÍA MORELOS GUMESINDO.
Year: 2006.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The Appeal of unconstitutionality is analyzed in the light of the general theory of the process, formed as a benchmark the progress of procedural law constitutional, mainly the experiences of Spain and Mexico, contextualizándolo with pragmatic in Latin America. The constitutional doctrine is confronted with the legal nature of that constitutional guarantee, as procedural and it raises the adequacy of the principles and institutions adjective alignments control constitutionality. Moreover, it raises positions on contents that have been the subject of negative thesis, as are the absence of litigation, no parties, the irrelevance of prudential supervision in the control abstract of the constitutionality of laws, which since our consideration must be reconsidered from a thesis positive. This oriented coordinates from various legal, including resolutions of the bodies jurisdiciconales and emerging legislation, as are the real codes procedural constitucinales, where chapters correspondients desarrolaln procedural aspects unprecedented coming to reinforce nueestro viewpoint. Two fctores contribute to the reading of the comparative method used, as is the tradition of the nineteenth century procedural process under Mexican institute that has developed for more than a century's experience control constitutionality of laws, and that through the constitutional reform for 1994, has joined other procedural instrument, acicón unconstitutional, based on the European tradition, and promptly developed for the Spanish Constitutional Court. Whose practice is illustrative for the construction of the constitutional doctrine of the Mexican Supreme Court of Justice, who must continue adapting to the national reality, allowing better use of techniques and concepts appropriate to sensitive constitutional work.

Author: GONZÁLEZ LÓPEZ JUAN JOSÉ.
Year: 2006.
University: BURGOS [www.ubu.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: Data traffic of electronic communications, as exemplified listings of calls made or received and the identification of visitors to websites, have acquired a considerable role in the criminal investigation, which is destined to increase. These data represent a part, albeit incidentally, the content of communications equipped with its own relevance, both with regard to its regulatory framework for electronic communications, as in the criminal proceedings. His influence is undeniable in connection with crimes committed via electronic communications, but limit it to this type of behavior would be virtually ignore its relevance, which has been expressed for many investigations of crimes such as social relevance are those of the organized crime. Its potential move beyond identification (usually need other data related to the subscriber) includes the location of perpetrators and victims, conducting personality profiles and even providing sources of evidence capable, if necessary , contributing to undermine the presumption of innocence. The fact that traffic data just dealing with the diverse information material content of the communication determines that its acquisition has, in general, a less onerous than the content. However, there are few fundamental rights that are at stake: the right to privacy of communications, data protection, and even to freedom of expression and information. While no one questions the need to provide the authorities responsible for the prosecution of new tools with which to conduct their work, it is true that the trend constatable to overcome the limits posed by conventional process guarantees warning us of the importance an in-depth discussion about the justification and conditions for applying these measures, especially when, thanks to some of them (such as widespread maintenance) is undermining what is one of the essences of the process: the existence of evidence of commission a criminal act. The report thesis discusses not only the various investigative oriented, and will continue to process this data, but also measures assurance thereof prior to its eventual use of criminal investigation and its probative in the context of criminal proceedings.

Author: RODRIGUEZ MORAN MANUELA ANDREA.
Year: 2006.
University: OVIEDO [www.uniovi.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DEREHO.

Summary: This paper looks at the traditional problems on the grounds of opposition in the exchange process in the light of the new Code of Civil Procedure 1 / 2000 of 7 January, and its reflection in modern jurisprudence of our Provincial Hearings, reaching once again solutions mixed. We analyze the similarities and differences between the former executive and the current trial process exchange, based on what is currently the legal nature of this procedure and what might be possible inicidencia at European level. We could not set aside the study of subjects that make up the exchange process. As to the grounds for opposition itself, we briefly review the exceptions of a procedural nature to focus on the study of the exceptions proper exchange.