COMPARATIVE LAW

Author: MELADO LIROLA ANA ISABEL.
Year: 2003.
University: ALMERÍA [www.ual.es].
Place of defense: DERECHO.
Place of preparation: FACULTAD DERECHO. UNIVERSIDAD ALMERÍA.

Summary: Through the notions of responsibility and giving of accounts has been building a control theory of constitutional bodies and the activity of the public administration itself. Controly responsibility today are concepts that are mutually presuppose is erificar the suitability of certain political mandate to conduct one of the specializations of this control has lugtar the emergence of political control over the parliamentary budget and control economic and financial public sector state and aitonómico. They are controlling the formation of the budget as an act of consent which start on the heritage of individuals and their property rights, and it is verified that the actions of the executive content exonomico, which are the most intense, it aducuen The forecast and destination that the representative parliament granted.

Author: PINTO TEIXEIRA MANUEL.
Year: 2003.
University: VIGO [www.uvigo.es].
Place of defense: FACULTAD DE QUÍMICA.
Place of preparation: CIENCIAS SOCIALES Y DE LA COMUNICACIÓN.

Summary: The thesis is divided into ten chapters sequential, which through highly developed paragraphs are analyzing all problems históricos-jurídicos posed by etado of the journalistic profession in Portugal and España.Para It reconciles methodologically using historical sources - Legal and specifically perodisticas.La moreografía, pariendo a study pormenrizado of the historical roots of the right to information, he goes deeper into the origins of the statute of genetic identity journalists in the two Iberian states, and then outlined the international rules and culminates with the current regulation of the journalistic profession.

Author: LAMA AYMÁ ALEJANDRA DE.
Year: 2004.
University: AUTÓNOMA DE BARCELONA [www.uab.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: ESCUELA DE POSTGRADO.

Summary: The formalist view of the dichotomy legal capacity / capacity to act has been criticized particularly in the area of personal rights granted because the entitlement to deny their exercise amounts to neutralize the ownership of the same. Thus it is that the criteria that should govern the rights of personality is the mdurez although this does not resolve how it protects the child's personality. It is alleged that while the right of personality is a way of protecting the legal personality and property deriving from it is not the only so when this status is not useful, as is the case where the child has no maturity by exercising their rights himself as a person, you should ask other categories of protected areas as guardianship. When the child has enough natural ability to exercise their rights of personality is exlcuida legal representation of a parent or guardian. When you do not have the protection of their legal property of personality is achieved through parental care or guardianship and only exceptionally be possible legal representation when so permitted by law, a minor is heard and respected their interest and it subject to prior checking and / or back of the Department of Public Prosecutions and the judiciary. We are analyzing the arts. 162 CC and 155 CF those dedcue that the child can exercise their rights as a person when you are mature enough and a law does not require the majority. In relation to the right to own acts image of a parent or guardian will not be taken into account to restrict the scope of protection of the child's right. Art. 7 of the LO 1 / 1982 sets out a series of situations in which it is assumed that there is illegal encroachment on the right but art. 4.3 LO 1 / 1996 has the virtue of establishing a comprehensive approach, abstract and objective in determining the existence of illegitimate intrusion into the rights of the child: that harm the honor or the interests of the child, namely their property legal personality and even if the legal representatives or less have given their consent to the intrusion. The consent to the intrusion may occur as authorizing the use of the image from a personal side or under a contract on the image that usually linked to the realization of a supply staff. You must differentiate the mere authorization that can perform the minor mature enough to consent contract where the minor has limited capacity. Therefore minor must consent to the use of their image and the performance of a benefit when you are mature enough staff but even in this case must involve parents or guardian to complete, if any, the contractual capacity and ensure that the contract does not violate the the interests of the minor. When the minor does not have the maturity parents may exercise their right to the image prior communication to the Department of Public Prosecutions, but it may not consent on behalf of the realizaicón a lower provision for staff which will in this case to a promise made outside. It is possible withdrawal of consent even when it is within the scope of a contract on the image although in this case we must restore the situation to the figure of breach of contract. You can revoke a minor mature enough and their legal representatives without communication to the Department of Public Prosecutions. Regarding the right to privacy must be said that the child has a right to medical secrecy even in relation to the parents as long as you have maturity, not suponda injury to a minor and not be a serious medical condition. In any case, the doctor was relieved of his duty, inter alia, where discover physical abuse or mental or sexual abuse on the child. It also explores the privacy of minors in the treatment and cesió 8 n dat f4e you through new technologies and in the media. In relation to honor it is concluded that, although as a general rule is a right that is not always available affect the hard core of estuido (dignity), but only to its area variable (self-esteem and social reputation), this is not the case regarding the right to honor child's age as art. 4.3 LO 1 / 1996, finds that there is always illegitimate intrusion that is detrimental elhonor or interest of the child. It is clear that the provision of honor by definition is contrary alinterés of menro because it hurts their property legal personality but it is also the aforementioned provision expressly refers to the vulnerability of honor its course kind of intrusion not legitimable or the consent of the minors or their legal representatives. There is a clear relationship between honor and image privacy and freedom of information. Caben highlight two issues here. First, the consent legitimizes the information provided that the minor is not cause damage to it. Secondly should be based on freedom of information rights above those where there is public interest, truth and lack of free news, it is not acting in accordance with criteria leale chiarezza or professional ethics not to harm the child in the free development of his personality. With regard to physical integrity should be noted that where the child has sufficient maturity should pay for itself informed consent. It is believed that the minor ocn sixteen years has sufficient maturity and below twelve years is not having floor except for acts of little relevance. Among the twelve and sixteen may have maturity but will be the case taking into account the development of menro the gravity of the act, the reasonableness of the position of the minor, â | Although the minor mature enough to have parents or guardian must be informed of the status of children even in cases where the minor opposes this when it is acting in a manner that puts at grave risk to their health because we must not forget that even if you have maturity remains subject to the motherland postestad and this entails a duty to ensure the child. When not have maturity provide informed consent parent or guardian escuhando the minor and respecting their interest as otherwise responsible doctor will go to the judicial authority to decide: please note that the parents or guardians do not act as representatives here but ocmo owners of a power that implies a duty to ensure the lowest. In relation to the right to name it must be said that this is a right of personality and therefore should be allowed to seek the shortest maturity with a change of the name itself although this is not the solution that is giving the Directorate General of records and Notario.Respecto's name may change is generally smaller so it is also for the child. Nevertheless, the imposition is studied and modification of the child's surname with particular reference to amending the surname of menro adopted.

Author: RIZO GÓMERZ M. BELÉN.
Year: 2004.
University: ALICANTE [www.ua.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: In the present paper analyzes the Tacit consent in civil proceedings. For which it is performed. First. A survey of the general notions of territorial jurisdiction. From this perspective. He examines the fundamental right to judge regular predetermined by law and provides an overview of the legal provisions of the rules of jurisdiction. Deepening the adequacy of this note with the public nature of procedural law and the fact that the principle is the projection device in the area of territorial jurisdiction. It also addresses the different rules called to identify the territorial jurisdiction and the priority that is established between them. Pay special attention to the conventional jurisdictions. Secondly. Once it contextualized the object of this study, is an approximation of the concept and legal nature of the Tacit consent and the budgets that inevitably must attend in its development: the subjective element. That includes those who can demonstrate this submission and capacity that is required to effect the subject and the role which currently holds the will at the conclusion of this forum competencial.En third. Discusses steps that are likely to generate the Tacit consent, and limits the effects that limit their deducción.Por last. Discusses the major assumptions on which this court is prevented as a result of the development imperative of territorial jurisdiction.

Author: NUÑEZ TORRES MICHAEL GUSTAVO.
Year: 2004.
University: SALAMANCA [www.usal.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: DEPARTAMENTO DERECHO PUBLICO GENERAL.

Author: SÁNCHEZ RUIZ ANA ISABEL.
Year: 2004.
University: ZARAGOZA [www.unizar.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: UNIVERSIDAD DE ZARAGOZA.

Summary: The object of study was the principle of subsidiarity, and in particular the principle of subsidiarity as a principle of Community law, formulated in the present article 5 of the European Community Treaty, second paragraph. In the first part of the doctoral thesis examines the origins dogmatic, filosófico-políticos and jurídico-constitucionales the principle of subsidiarity and the passage of introduction into the system of the European Union, in the second part discusses this principle in itself Union law. The first part consists of four chapters. The first examines the doctrine according to the sources were dogmatic and filosófico-políticas the subsidiarity principle prior to its appearance in the Community system, in particular, the social teaching of the Catholic Church and thought federalist, including some systems where federal doctrine had wanted to find a history of the principle of subsidiarity. The two chapters analyze the passage from the introduction to the Treaties of the principle of subsidiarity. The introduction of the principle of subsidiarity within the Community system begins to take shape in the seventies, with the major milestones Report of the Committee on the European Union of 1975 and the Draft Treaty on European Union prepared by the Parliament in 1984. His first attempt at a legislative measure is Article 130 R.4 introduced by the Single European Act. The thesis discusses in a comprehensive manner the discussions and preparatory work on the principle of subsidiarity which took place during the negotiations of the Maastricht Treaty, as well as state and institutional activity immediately following to its realization, between which there to highlight the conclusions of the European Council in Edinburgh and the Interinstitutional Agreement of October 1993. Based on the three preceding chapters, the final chapter of Part One is addressed primarily to argue the autonomy of the Community concept of subsidiarity principle as competitive, both with respect to the foregoing dogmatic and filosófico-políticos in connection with other concepts such coming as of democracy and transparency. The second part will conduct a substantive analysis of the subsidiarity principle and system of the Treaties on which inserts. The principle of subsidiarity is basically the result of their interactions with the system teleological and competence in which he is called to operate (characteristic of the European Communities as functional organizations, the obligations of loyalty to Article 10, Rule's effectiveness, the theory of implied powers and article 308, as well as the basic principles of freedom, equality, unity and solidarity). In the sixth chapter discusses the principles of attribution of responsibilities and proportionality, also contained in Article 5. Turning to an analysis of the second paragraph of that article 5, characterized the subsidiarity principle as a structural, policy, litigants, and a condition for the exercise of powers not exclusive community, which includes consideration of the case law relating to the qualification of some powers as exclusive or non-exclusive. Finally, it exposes the categorization of the Union's powers in the constitutional treaty. In the eighth chapter discusses the elements that constitute the principle of subsidiarity, descomponiéndolo into three distinct strands: the principle of subsidiarity principle as relational and comparative, and in particular subjective scope of application, the principle of subsidiarity as a legal principle, identifying a condicional-cuantitativo, represented by the phrase "only to the extent that" the teleological factor constituted by the reference to "the objectives of the proposed action" and an element or qualitative comparison, referring to insufficient Member States and more efficient action by the Commonwealth. This chapter concludes with a review of the 8 jurispr 48th udencia on the principle of subsidiarity, in a way constatándose critical that the Court is normally limited to taking note of the findings made by the Community legislature at the "preamble" of the act question. Finally, the investigation covers as amended by the Protocol on the application of the principles of subsidiarity and proportionality as well as those introduced by the Treaty establishing a Constitution for Europe once it enters into force.

Author: Abdelkader García José Miguel.
Year: 2005.
University: AUTÓNOMA DE BARCELONA [www.uab.es].
Place of defense: Facultad de Derecho.
Place of preparation: Facultad de Derecho.

Summary: This dissertation is the result of a research faced around the main idea is reflected in its very title "Models of security and police on university campuses." The theory part of a study of the history of the university and its salient features, from the attainment of university autonomy in the thirteenth century, with the Pairs Scientiarum Papal Bull, which gave rise to university forum that endures to this day . This paper carries out a study of the model of security and police in the campus and campuses of Spain, which has not been subjected to an in-depth analysis from the different aspects that we can ask, for example: the university autonomy from the standpoint of public safety, the possibility of articulating mechanisms through collaboration agreements, from the policy perspective, or from the different models of security and police can take. However, the models of security and police on university campuses have been the subject of study and regulation in other countries, especially the influence of Anglo-Saxon (mainly USA), proof of this is the Federal Law of the United States, called the Campus Security Act of 1990, and numerous works on doctrinal issues related to security at the campus. This thesis has been structured as an introduction and seven chapters: The first model analyzes the security and police on university campuses in Spain, beginning, as could not be otherwise, for a brief historical overview of the institution university with some references to public safety. It is then to analyze the scope and content of the university autonomy, as well as public security and its application to the university level, through the powers of Rector and the territorial element of the university. It concludes with an analysis of the figure of agreements on cooperation and collaboration. The second chapter discusses alternative models continental European security and police on university campuses. Among all possibilities and countries, has seen fit to focus the analysis on two specific countries, can make various elements of analysis: France and Germany. As for France to present a security model that has inspired and police in key moments security model and Police Spain, away from the Anglo-Saxon model, in terms of Germany as a model of security and federal police for excellence and together the Anglo-Saxon model centralist and can be configured at this time the range of models and security police (Anglo-Saxon, centralist and federal), although we must also take into account the characteristics individuocentrica or estatocentrica that may present themselves federal models. The chapter is structured in three parts: the model for security and police, a brief reference in his case and evolution of the higher education system and the model of security and police on campus and campuses. The third chapter discusses the Anglo-Saxon model of security and police on university campuses, which inevitably requires us to focus on USA and the UK. Siguiéndose in the UK structure analysis similar to that of the previous chapter, although in the case of United States of America deepens in other aspects as: the Federal Law Campus Security Act of 1990, different models of security and police in the campus and the police and security model on the campus of Yale University of New Haven. It has also seen fit to introduce in this chapter analysis of the model of security and police on university campuses of the State commonwealth of Puerto Rico as having influence of the American model and bring interest aspect of this work. The fourth chapter is devoted to security model and police Canada, which although initially presented Anglo-Saxon influence, during the twentieth century has been built a model 8 own 637 security and police who is serving as a reference for other countries, as in the case of Catalonia in Spain. The fifth chapter discusses the characteristics of different models of security and police, in particular those of the models of continental Europe and Anglosajón, making reference at the end to the associational activity driven by security professionals at the campus. The sixth chapter discusses a number of significant conflicts occurring in different campuses, regardless of the conflicts that led to the birth of jurisdiction university by the year 1231, focusing in recent decades (from 1960 to 2005). The final chapter raised a series of reflections, especially in stopping the phenomenon of privatization of public security, making some proposals models campus police for Spain.

Author: JIMÉNEZ RIUS PILAR.
Year: 2005.
University: PONTIFICIA COMILLAS [www.upcomillas.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: This thesis is structured into two distinct parts. The first part, quite descriptive in which he made a comparative study of the SAIs of the countries of the United States, Britain, Canada, France, Germany, Sweden and Spain. These SAI have not been selected at random or without any kind of judgment. These have been selected by FS belong to different models of SAI and for being the most modern in terms of how to understand the mission that have already entrusted the methods and techniques used. The second part of the doctoral thesis, which has its origin in the first, the exhibition consists of a series of conclusions that summarize the aforementioned comparative study. This second part ends with the formulation of a score of proposals aimed at making the Court of Accounts Spain a SAI ideal for our country. Those proposals are largely based around the work done in the first half.

Author: PONS Y GARCIA JORGE VLADIMIR.
Year: 2005.
University: SALAMANCA [www.usal.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Author: VILAR MAYER POLLYANA.
Year: 2005.
University: SALAMANCA [www.usal.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The purpose of this dissertation is a study of tax planning and illegitimate standards antielusivas in the laws of Spain and Brazil. The heart of the work consists of conduct aimed at fiscal planning illegitimate, which is achieved through illegal conduct elusive, both domestically and internationally, using the Spanish law as a main focus, as our goal is to be able to make new contributions on the subject in Brazil in the light of the model in Spain. The structure of this work is carried out in three chapters. In Chapter I try to tax planning illegitimate addressing the issue of tax avoidance, their lawful or unlawful, its historical development, the theories of defense and denial of the autonomy of fraud to the law (illegal circumvention) in the legal system , their differences and similarities with other related figures and finally the general aspects of circumvention prosecutor at the international level. In Chapter II, we focus on the study of illegal tax avoidance in the domestic laws of Spain and Brazil. In the third and final chapter of this work, we face the issue of tax planning in the international context, and how to limit this research study focused on measures to prevent anti-circumvention tax among States, in particular those contained in double taxation conventions. This is a thorough study of the concept of "illegal tax avoidance" and its findings for specific problems, both in Spain and Brazil, without set a comparative study between the two systems, rather it could be said that this is a parallel study of the two laws, both internally and in the plan in the international plan.

Author: SANTOS MARÇAL HUGO MANUEL.
Year: 2005.
University: EXTREMADURA [www.unex.es].
Place of defense: FACULTAD DE DERECHO.

Summary: The dissertation submitted results in a comparative study of the legal Spanish and Portuguese regarding tax crimes, and with reference to the respective historical background, the legal nature of these crimes (with corresponding doctrines), the general aspects common to the two countries, the general principles and special these crimes and the general characteristics of -- prosecutors. In this comparative study, there is also the problem of penalties and the relationship juridico-tributaria criminal prospects of their birth of the owners of protected interest in the subject assets and liabilities of the third party liability, the object of RJTP , and the causes of their extinction. The study has been completed with some considerations about the characterizations of the current fiscal offenses in Spain and Portugal with reference to the general and specific aspects.

Author: TORREZ PERALTA WILLIAM ERNESTO.
Year: 2006.
University: DEUSTO [www.deusto.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The theme of the dissertation is the main object of study budgets legislative and jurisprudential doctrine of regulation enforcement in the legal system nicaragà ¼ ense and Spanish law. All this, the enormous importance of this figure in the procedural law as a mechanism of legal protection or remedy that the State is obliged to provide. From the methodological point of view, it is clear that that dominates the present work is compared cut, as much as the title reveals, is what we are trying to do an analysis that shows the similarities and differences between the two systems examined. By virtue of the nature of the investigation, there are legal problems from a perspective essentially formalist. En este sentido, las herramientas empleadas en el desarrollo del tema serán básicamente las fuentes formales, entendidas como cualquier manifestación y exteriorización de las normas jurídicas. To develop the theme, we have divided this work into three sections, which in turn are subdivided into chapters, in addition to the findings and annexes. Ultimately, the regulation contained in the legal system nicaragà ¼ ense of enforcement is insufficient, and would be a reform should be carried out with great severity, to eliminate gaps and imperfections in practice are resolved without generally accepted criteria, or with formulas that does not meet the principles that are to guide the implementation process or not save the neesaria internal consistency in the proceedings. Since the comparative study is worth mentioning that Spanish law gives us samples of concern to ensure that the implementation process develops always within or her, subject to the principle of proportionality.

Author: CABALLERO OCHOA JOSE LUIS JUAN.
Year: 2006.
University: NACIONAL DE EDUCACIÓN A DISTANCIA [www.uned.es].
Place of defense: DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: The working thesis had intended to carry out an inquiry into the Spanish legal model for the receipt and effectiveness of human rights treaties, including the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) Special relevance charged articulation that is given for this purpose by means of article 10.2 of the Spanish Constitution, a provision that has served to connect the two spaces policy, and that has been the cornerstone of the work that I have done. Thus, through research, I have tried to show how this formula, referring to a standard interpretation of fundamental rights in accordance with regard to human rights treaties, is the ideal way to articulate plausibly entire regulatory in nature international on this topic, and it can be taken as a model for other highly relevant constitutional exercises, in this case, Mexico. So, initially in Chapter First, I noticed how the international human rights treaties hold a series of notes that the distinguished characteristics in the universe of the norm, and that under those peculiarities, deserve inclusion of special relevance in the constitutional fabric of the States, This observation reveals the need for constitutions contemporary arropen this legislation through specific provisions and principles, it is not enough international ratification for the full deployment of such instruments. The Second Chapter I proceeded to the analysis of the ECHR and the jurisprudence of the European Court of Human Rights (ECHR), to demonstrate how this mechanism effectively protect human rights, conforms as a true system integration transnational jurisdiction in constitutional the international field of type, which merited inclusion particularly in the domestic legal order. For its part, in Chapter Three have desentrañado how it has been linking specific constitutional order with the Spanish ECHR through the application of the canon of interpretation under Article 10.2. In this way, I started with a distinction between the receipt of international standards in general, and which corresponds to set criteria for human rights treaties, and then enter the analysis of the jurisprudence of the Spanish Constitutional Court pursuant to the ECHR especially the criteria issued by the ECHR. The Fourth Chapter I tested the adequacy to ensure the effectiveness of the treaties, in the sense that full compliance with the judgments, particularly those from the ECHR. I think that this has been the most delicate of the linkage, especially in cases where compliance with the international resolutions involves the revocation of the judgments of the Constitutional Court. Finally, I carried the exercise compared to the Mexican experience, allowing me to analyze their particular form of linkage with the international order, and the absence of a provision relating specifically to the international standard of human rights. This gap, in conjunction with other factors, has prevented a genuine interaction in this area, which is reflected in relevant judgments on fundamental rights issued by the Supreme Court of the Nation. Thus, I suggested the desirability of ensuring that Mexico will adopt a constitutional development through an approach consistent interpretation, like Spain.