ANTIQUITY LAW

Author: SUÁREZ BLÁZQUEZ VIRGINIA.
Year: 2001.
University: REY JUAN CARLOS [www.urjc.es].
Place of defense: FACULTAD DE CIENCIAS JUDICIALES Y SOCIALES.
Place of preparation: FACULTAD DE DERECHO - UNIVERSIDAD COMPLUTENSE DE MADRID.

Summary: Research on the evolutionary process of donatio morbis-causa from the Roman Law, Law Visigoths, high and low average age until the Spanish civil law today.

Author: PALAO HERRERO JUAN FRANCISCO.
Year: 2004.
University: PONTIFICIA COMILLAS [www.upcomillas.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: THE LEGAL SYSTEM AND TEN CLASSIC PENTHOUSE THESIS HETERODOXAS SUMMARY: Addresses, firstly, the current knowledge about the legal system classic Athenian, reported in chronological order, and in relation to historical events peers. Then they were made proposals on ten important issues relevant to the knowledge of the system in question, on which have been expressed traditionally opposing views. These propositions of the author, who usually do not coincide with what is followed, analyzed, one by one, through the method of historical probability. The application of the rule positive. Science in all those skills that are verifiable or falsables through a scientific method as is the method of historical probability. In the latter field, which is the one that offers the scientific, legal knowledge scientists as they are historical, sociological, economic, etc.. Etc.., And as binding rule their effect inseparable set to define what the right is. Proceeding from this, the thesis aims to set out, first, a classic part of the law that is generally unknown to the Spanish scholar of the law and is the right Athenian classic, archetypal product of the Athenian social culture, legal paradigm of liberal and so an inspiration of a classic way of life as opposed to the culture faústica. To do so, the first part of the thesis consists of a status quaestionis that incorporates two kinds of innovations: a) A presentation historic in the sense that the law is presented with a chronological approach. B) In the second place because it is exposure of the legal system relating to the historical episodes peers through a brief historical story of each of the periods under review, since science can not untie the legal right of the society that uses it precisely because of its historic nature. C) Third, by studying the comments peers and the effects of legislation and its implementation when available, based on the conviction, which has already been expresado- that the existing law is the combination of text the standard of social opinion on it and the effect of its implementation, all in constant interaction. Secondly, it outlines two controversial thesis about ten points of importance to the statement of the legal system classic Athenian. Thesis that can be understood that, in most cases, do not match with what is followed and that have been previously introduced in the status questionis. The field work was exhibited in the index below playing: CHAPTER I-Introduction - The origins I.1 .- Why we study the model attic. I.2 .- features "spiritual" system attic. I.3 .- The order attic, in relation to other jurisdictions Greeks. I.4 .- The cultural transmission of the right of Athens. I.5 .- Origin traditional legal Athenian. I.6 .- The process prehomérico. I.7 .- The courts prehoméricos. CHAPTER II-- The first legislators and the first trials scheduled. Development and decline of the noble justice. II.1 .- Lawmakers presolónicos. II.2 .- The Tribunals presolónicos. II.3 .- The process presolónico. - CHAPTER III - The introduction of popular justice. From Solon to Clistenes. III.1 .- Brief news historical period. III.2 .- The Laws of Solon, the pisistrátidas and Clistenes. III.3 .- The law of the courts during the period. III.4 .- The progress and system processes. CHAPTER IV--Development, splendor and decadence of popular justice. In Aristides and Temístocles to Alexander the Great. IV.1.-Breve news historical period. IV.2.-Las laws of the Athenian democracy. IV.2.1.-Leyes constitutional. IV.2.2.-Leyes criminal. IV.2.3.-Leyes civilians. IV.2.3.1 .- Regime citizenship, the family and foreigners 8 residing 1ccd teas. IV.2.3.2 .- The right of inheritance and adoptions. IV.2.3.3 .- The property and real rights. IV.2.3.4 .- The obligations and contracts. IV.2.4 .- rules of private international law. IV.2.5 .- Administrative Rules. IV.2.6 .- Resources and taxes. IV.3 .- The law of the courts during the period. IV.3.1 .- The courts arcontales. IV.3.2 .- The courts of tesmotetas IV.3.3 .- The juvenile court cases. IV.3.4 .- The drawing of the judges. IV.3.5 .- The Council of the Five Hundred IV.3.6 .- The Assembly. IV.3.7 .- Special courts. IV.3.8 .- arconte eponymous IV.3.9 .- arconte king and polemarco. IV.3.10 .- tesmotetas. IV.3.11 .- Eleven. IV.3.12 .- Forty arbitrators public IV.3.13 .- Special courts civilians. IV.4.-La evolution and system processes. IV.4.1 .- General course of the process. IV.4.2 .- Process private courts. IV.4.3 .- Process private arbitration. IV.4.4 .- Arbitration volunteers. IV.5 .- Causes public. IV.5.1 .- Causes general public. The cause of illegality IV.5.2.1 .- Causes special public. Eisanguelia. IV.5.2.2 .- Causes special publications. Probolé. IV.5.2.3 .- Causes special publications. Fasis. IV.5.2.4 .- Causes special publications. Endeixis and Apagogué. IV.5.2.5 .- Causes special publications. Consideration of appointments to public office and accountability. IV.6 .- rhetoric. IV.7 .- Contemporary Studies on the right, processes and the rule of the courts. IV.8 .- The contemporary view on the functioning of the courts. IV.9 .- The social view on the proceedings of the courts. He then spends the exposure of the following studies: FIRST THESIS. The Sovereignty in the Legal System Penthouse Classic. 1 .- The general will in the system attic. 2 .- The interpretation of Rousseau system attic. 3 .- The legal system attic, paradigm system direct political participation. The legislative task. Partial adoption by the representative system. 4 .- The legal system attic, paradigm system direct political participation. The judicial function. The rejection of the representative system. 5 .- The legal system attic, paradigm system direct political participation. The executive function. The rejection of the representative system. 6 .- Comments by Rousseau on the direct political participation, the rejection of representation and the appointment and accountability of the judges. 7 .- conclusions. SECOND-THESIS. The traditional rules of Dracón punishable by banishment to committing intentional homicide. 1 .- Historical Background of the traditional rules of Dracón. 2 .- Text, as the trail MS 6602 Museum Epigráfico Athens. 3 .- The thesis "Orthodox". 4 .- The old view of the commentators. 5 .- My opinion and the basis for it. 6 .- Conclusion. THIRD-THESIS. About how existed in the attic right classic, a public cause for murder. 1-Introduction. 2 .- The illustrious history of the thesis heterodox. 3 .- The "orthodox theories." 4 .- The laws enacted after the murder on the traditional rules of Dracón. 5 .- Conclusion. FOURTH-THESIS. The discharge of Solon was a complete remission of all personal debts, both public and private. 1 .- The download or relief (? S? And a) of Solon. 2 .- The interpretation of "discharge", or "relief" in the antigà ¼ age. 3 .- The controversy today. 4 .- My opinion. 5 .- Conclusion. FIFTH - THESIS. The historical origins of the Council of Areópago. 1 .- The origin of the Court of Areópago in legend and history. 2 .- The old theories .. 3 .- The modern views. 4 .- My opinion. SIXTH-THESIS. About the consensual nature of the sales contract attic classic. 1 .- Introduction 2 .- theories that maintain the character of the actual sale ática. 3 .- The theories that maintain the consensual nature of the sale ática. 4 .- The eclectic and heterodox theories. 5 .- My opinion. 5.1 .- On the property. 5.2 .- About understood as the Athenians property. 5.3 .- On the consensual nature of the sale ática. 5.4- About why it is accurate delivery of the things covered by the contract of sale to purchase the full dominion over them. 5.5 .- The regulatory regime attic of the contract of sale privately. 5.6 .- Shares of execution of the contract of sale. 5.7 .- Shares sanitation. 5.8 .- Shares reivindicatorias. 5.9 .- conclusions. SEVENTH-THESIS. The security interests in the law and its implementation classic attic. 1 .- The system of protection of property rights. 2 .- The security rights. 2.1 .- Pledge. 2.2 .- Sale Pact redemption. 2.3 .- mortgage. 2.4 .- apotimemas. 2.5 .- Loan to thick. 2.6 .- The loan eranos. 3 .- The enforcement of security interests. 3.1 .- The implementation of the garment classic. 3.2 .- The execution of the sale pact with redemption. 3.3 .- On the foreclosure. 3.4 .- On the implementation of apotimemas. 3.5 .- On the implementation of bottomry. 4 .- conclusions. EIGHTH - THESIS. On whether the process of perjury, which attacks the witnesses who have endorsed one diamartiría (d? A µ? T? A), an award made on inheritance ( | p? D? Ace? To ) resolves the question of the award. 1 .- Significance of the words diamartiría (d? A µ? T? A) and diadicasía (d ad? Ace?). 2 .- The adjudication process of inheritance or epidicasía ( | p? D? Ace?). 3 .- The action for perjury. 4 .- The theory of Paoli on inescindibilidad process perjury. 5 .- My opinion. 6 .- Conclusion. NINTH - THESIS. About how, in all probability, the sentence that was imposed pecuniary the accused, in cases of perjury, it was not a condemnation of damages, but a fine. 1 .- The classic doctrine. 2 .- Unable to resolve the matter with semantic criteria. 3 .- The conviction of perjury. 4 .- In all likelihood, the pecuniary perjury conviction is a fine. 5 .- Conclusion. TENTH - THESIS. The number of courts collective Athens, in time of Aristotle. 1 .- What I mean by collective courts. 2 .- Theories on the number of courts Athenians. 3 .- The sources with general statements on the number of courts. 4 .- references to the sources in the courts Athenians. 5 .- conclusions. Finally, the conclusions reached in this second part of the work will be introduced in the status quaestionis

Author: LORENZO MORANTE MARÍA SOLEDAD.
Year: 2005.
University: NACIONAL DE EDUCACIÓN A DISTANCIA [www.uned.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO. UNED.

Summary: Top Doctoral thesis of this work, conducted a brief survey dogmatic about the concept of custody, as this voice is, in legal parlance, a term polysemic. The main body of the book analyzes custody in contracts in good faith: contraventa, lease with a separate chapter dedicated to receptum cauponum nautarum stabulariorumque, mandate, society, deposit and complete the study with a reference to negotiorum gestio. It also contains an analysis of custody in comodato and garment and an assumption of responsibility for custody in certain iura in re aliena. The responsibility on each institution Roman I tried to compare it with the Spanish law exists in both civil law and common foral, as commercial law in his case. The comparison I made as a bridge taking the Draft Civil Code Spanish Garcia Goyena. I have also studied in institutions that has been possible, the evolution of responsibility for custody in the Roman-Germanic law (Code of Eurico) and its projection in the legal systems of the Middle Ages: Departure Leys and Fuero Juzgo.

Author: CARVAJAL RAMIREZ PATRICIO IGNACIO.
Year: 2005.
University: SALAMANCA [www.usal.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO.

Summary: ORIGINALLY, THE RECEPTUM NAUTARUM ESTABLECIÓ AN ABSOLUTE RESPONSIBILITY FOR THE OUTCOME. RECOGÍA WELL, IN ANY FORM, THE TYPICAL TERMS OF INTERNATIONAL TREATY ON PROTECTION OF MEMBERS OF A POLITICAL COMMUNITY OVER THE MEMBERS OF ANOTHER. LIABILITY IS ALWAYS WAS OBJECTIVE. THE DIFFERENCES ARE OBSERVAN ONLY AS TO THE ASSESSMENT OF THE VIS MAIOR. SINCE ITS BIRTH, AND ALL OVER THE CLASSICAL PERIOD AND POSTCLÁSICA THE LIABILITY OF CARRIER MARITIME INCLUYÓ THE ABOVE MAIOR VIS. THERE IS ONLY EXIMENTE OF LIABILITY WAS THE SO-CALLED "EXCEPTIO LABEONIANA" REFERIDA TO SUSTRACCIONES OF GOODS OCURRIDAS ON THE OCCASION OF A NAUFRAGIO (BY WHICH INCLUDES THE CONFISCATION OF GOODS IN PUERTO ABROAD) OR ON THE OCCASION OF AN ASSAULT ON PIRATAS; BOTH CONDUCT CONSTITUÍAN RESPECTIVELY, CRIMES OF "DIREPTIO E NAUFRAGIO" Y "NAVIS EXPUGNATIO." ONLY IN PERIOD OF EMPERADOR JUSTINIANO THE EXCEPTIO LABEONIANA INCLUYÓ FORM GENÉRICA THE VIS MAIOR OF WAY THAT THE LIABILITY OF MARITIME CARRIER, STILL THE CHARACTER OF PURPOSE, ARE EXTENDIÓ ONLY TO "CASUS MINORES."

Author: ROMERO SIEIRA MARIA CONSUELO.
Year: 2006.
University: CASTILLA-LA MANCHA [www.uclm.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: FACULTAD DE DERECHO DE ALBACETE.

Summary: Always has proved essential to create legal concepts aimed at ensuring compliance with the obligations. This has been a traffic safety law has led to more and better economic development of society. While in Rome seemed to prevail guarantees of a personal nature, it is clear that the important development reached in the legal field security interests. Within the latter, there is first the trust cum creditore. However, the problems that it entailed, including the rigidity and formality required in the constitution, as well as the initial loss of property to the detriment of the debtor, were a spur in the evolution of a new figure in the field of incardinada real rights under the name pignus. This interesting figure produced in us concern examine in depth in the Roman law and to investigate how it has evolved to this day. Therefore, both sides must be distinguished in this research work. The first, most important, is a thorough investigation of pignus Roman. For its study we consider initially the literary texts, aware that the various meanings of the words pignus and trust easy understanding as important figures of the legal field. We must not forget that any legal system tends to regulate situations or relationships that emerge in a given society, so that there is a close link between the legal world and society in which the law arises. Therefore, we are not ceñimos in the study of this figure to review exclusive of legal texts. There is a need for a comprehensive review of pignus from its etymology and its various meanings in Latin classical literature. However, reality shows that this figure becomes part of the legal world quickly, so they are much more numerous legal texts relating to it. Tracking these texts note that the pignus, like any other legal institution, is a figure alive, evolving to adapt to the needs prevailing in Roman society, resulting basic legal protection to the praetor waiver through the granting of various injunctions and shares. The study of the evolution of the same legal protection and material pignus focuses part of the investigation. We are aware that any legal text supports a variety of interpretations, and therein lies the greatness of the law, especially if, as in Roman law, the lawyers in charge of drafting it, in an attempt to adapt to the times in which they live, they place called interpolations. Therefore, we must avoid a simple and systematic compilation of texts relating to the legal protection of pignus. Efectuamos to effect a large selection and deep doctrinal on them. This doctrine is discussed in turn critically, reaching conclusions themselves, which sometimes coincide with some of the doctrinal positions on any issue that already exist, but in others they take a position different from the general flow. Key pignus not disappear with the fall of the Roman Empire. Therefore, the second part of the inquiry is aimed at examining the evolution of this figure until today. For this we turn directly to the legal texts in force at every moment and in every territory of the Iberian Peninsula. In this development we need to distinguish the four major periods of the Spanish legal history: the right Visigoths, the medieval stage, the modern period with its great collections and contemporary with the codification and subsequent special laws. Ultimately, the institution of the garment has undergone various detours along the history, reaching its current configuration. However, the essence of it has remained unchanged over the centuries, attempting to dispense at present of modern and sharp distinction between pledge and mortgage 8 that acog 33c and our Civil Code and diverting these figures from their historical precedent, which shows the continuing evolution of the legal protection of the garment.

Author: EUSEBIO GAUTREAUX DORA EVANGELINA.
Year: 2006.
University: PAÍS VASCO [www.ehu.es].
Place of defense: FACULTAD DE DERECHO.
Place of preparation: UASD, SANTO DOMINGO, AUSPICIADO POR LA UPV.

Summary: It consists of a study aimed to delineate different forms of association rules, ways and values based on the difference, diversity and plurality in the theories of justice and the law applicable to migration as a response to asymmetrical and unequal relations prevailing in Caribbean societies and specifically in the Dominican Republic. The analysis stops at the complexities of globalization to increase migration flows. Also at the consequences produced in the identity of individuals. Accordingly analyzes defense actions and resources for immigrants able to guide a course of justice immigration, justice it is understood here as a new model that allows immigrants the enjoyment of human rights, a revision from the theories contractualistas since the concepts citizenship, nationality and equality differentiated, which also explains the relationship not antinómica of difference and equality and the recognition of the difference to reduce inequality.