JUDICIARY

Author: PUCHADES MUÑOZ MARIEN.
Year: 2004.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: Sexual harassment in the field work constitutes interference of conduct outside the working relationship at the enterprise / workplaces. This relates to the power structure within organizations and therefore power within organizations and therefore with the power and vulnerability that are generated within / originate. Its roots, pro therefore must be sought in the social structure, a place where stereotypes play an important role. The phenomenon of sexual harassment can not constitute discrimination in the workplace, as well as either an occupational hazard susceptible to prevention, which is not conceptually linked to the structure of the work itself, but outside the same behaviors that find their stage expression in the field of labor? Like other social contexts / educational. The solution involves a cultural change in the ambitó social, which obliges concerns and the social partners.

Author: FERNANDEZ LOMANA GARCIA MANUEL.
Year: 2004.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO DE LA U.C.M..

Summary: The origin of the counterclaim is in the Roman Law, consolidated in the Middle Ages despite opposition from the feudal lords thanks to the work of canonistas and the glosadores. In the tension between opponents and supporters of the counterclaim arose two systems: the system counterclaim related and counterclaim disjointed. The Spanish law opted for the counterclaim disjointed system, a system that lasted until the Act 1 / 2000 of Civil Procedure. The counterclaim in the labor process moved within the guidelines outlined, but the nature sharply oral labor trial implied that sometimes occur situations of vulnerability, which was corrected by the obligation to announce the counterclaim in the act of conciliation or resolution resolving an appeal prior. The principles inspiring the work process modulate the régimenjurídico the counterclaim. The counterclaim has a complex legal nature since it implies an accumulation of claims and the formulation of a new demand, and must be distinguished from the exceptions and, in particular, the so-called exceptions reconvencionales. The basis for the counterclaim is also plural. The econollÚaprocesal, avoid conflicting rulings, and equality and equity between the parties are ends that inspire. The counterclaim is subject to limits subjective, objective and formal. The limits subjective refer to the competence of the court, the legitimacy of the parties and the inability of the counterclaim, in certain circumstances, be directed against third parties. The objectives of the connection between the claims, the prohibition of certain claims of accumulation and a ban on the counterclaim in trials of a different nature. And the formal to the need to announce the counterclaim in the act of conciliation or the -esoluciónresolviendo an appeal prior. The application must meet certain minimum requirements, not allowing a deviation essential as announced on the road after. The judgment should be consistent with the claim counterclaim. Being appealed the judgment if serIo claim counterclaim, unless there is the existence of fraud law.

Author: GARCÍA PIÑEIRO NURIA P..
Year: 2004.
University: COMPLUTENSE DE MADRID [www.ucm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO - UCM.

Summary: It is a legal study of the intervention of business associations in the world of labor relations. Along with the historical study of the performance of business associations in the workplace, is an analysis of the constitutional framework of the partnership business. Subsequently carried out the study of the legal system's legal business associations and their performance in the area of collective bargaining, labor disputes and institutional participation.