The intervention of the Prosecutor in civil proceedings
Authorship
V.J.A.P.
Bachelor's Degree in Law
V.J.A.P.
Bachelor's Degree in Law
Defense date
07.02.2024 19:00
07.02.2024 19:00
Summary
Since the Organic Statute of the Prosecutor's Office’s (EOMF) promulgation through Law 50/1981, of December 30th, the figure of the Prosecutor, in most cases, is object of analysis in the criminal order and rightly so, since It is the area in which it has the greatest development and where it has the most powers. However, this Final Degree Project has its origin in the curiosity of its performance but in the civil jurisdictional order, because it’s intervention in many and very diverse matters of private law (private rights, obgliations, real estate rights, inheritance law) is also evident, but especially in personal law (legal capacity and representation) and family law.
Since the Organic Statute of the Prosecutor's Office’s (EOMF) promulgation through Law 50/1981, of December 30th, the figure of the Prosecutor, in most cases, is object of analysis in the criminal order and rightly so, since It is the area in which it has the greatest development and where it has the most powers. However, this Final Degree Project has its origin in the curiosity of its performance but in the civil jurisdictional order, because it’s intervention in many and very diverse matters of private law (private rights, obgliations, real estate rights, inheritance law) is also evident, but especially in personal law (legal capacity and representation) and family law.
Direction
CATALINA BENAVENTE, MARIA DE LOS ANGELES (Tutorships)
CATALINA BENAVENTE, MARIA DE LOS ANGELES (Tutorships)
Court
CATALINA BENAVENTE, MARIA DE LOS ANGELES (Student’s tutor)
CATALINA BENAVENTE, MARIA DE LOS ANGELES (Student’s tutor)
Legal-constitutional review of organic law 1/2024, on amnesty
Authorship
B.F.F.
Bachelor's Degree in Law
B.F.F.
Bachelor's Degree in Law
Defense date
07.18.2024 12:00
07.18.2024 12:00
Summary
This work is a legal-constitutional examination of Organic Law 1/2024, of June 10, on amnesty for institutional, political and social normalization in Cataluña. First, a definition of the concept of amnesty is given and it is differentiated from the figure of pardon. Secondly, it analyzes the amnesties and cases of transitional justice that have occurred in comparative law, as well as the amnesties that have taken place throughout the history of Spain. Thirdly, it analyzes how amnesty fits into the law of the 1978 Constitution, together with the pre-constitutional 1977 Amnesty Law and the misnamed tax amnesty. Finally, using all of the above, the amnesty law is analyzed, its content and its compatibility with both the Spanish Constitution and European law, indicating the possible means of challenge. Based on all this, the unconstitutionality of the amnesty law is defended, which should be processed as a constitutional reform and which is very far from the concept of amnesty.
This work is a legal-constitutional examination of Organic Law 1/2024, of June 10, on amnesty for institutional, political and social normalization in Cataluña. First, a definition of the concept of amnesty is given and it is differentiated from the figure of pardon. Secondly, it analyzes the amnesties and cases of transitional justice that have occurred in comparative law, as well as the amnesties that have taken place throughout the history of Spain. Thirdly, it analyzes how amnesty fits into the law of the 1978 Constitution, together with the pre-constitutional 1977 Amnesty Law and the misnamed tax amnesty. Finally, using all of the above, the amnesty law is analyzed, its content and its compatibility with both the Spanish Constitution and European law, indicating the possible means of challenge. Based on all this, the unconstitutionality of the amnesty law is defended, which should be processed as a constitutional reform and which is very far from the concept of amnesty.
Direction
RUIZ MIGUEL, CARLOS (Tutorships)
RUIZ MIGUEL, CARLOS (Tutorships)
Court
RUIZ MIGUEL, CARLOS (Student’s tutor)
RUIZ MIGUEL, CARLOS (Student’s tutor)
Prohibition of causing starvation to the civilian population as a method of warfare.
Authorship
C.V.G.B.
Bachelor's Degree in Law
C.V.G.B.
Bachelor's Degree in Law
Defense date
07.19.2024 12:00
07.19.2024 12:00
Summary
The purpose of this project is to analyse the legal regulations that contain the prohibition of starving civilians as a method of warfare, a practice that seriously compromises the food security of the victims of armed conflicts. It studies the rules of International Humanitarian Law contained in the Additional Protocols to the Geneva Conventions of 1949, which, based on the principle of distinction, prohibit starving civilians as a method of warfare, as well as attacking, destroying, removing or rendering useless the goods indispensable for their survival. While the prohibition is essential, it is also necessary to address humanitarian assistance to ensure that, if such protection fails, the supply of basic commodities to affected civilians is ensured. Finally, reference will be made to how these regulations are integrated into international criminal law, through Article 8(2)(b)(xxv) of the 1998 Rome Statute. The end goal is to provide a comprehensive overview of the regulations aimed at protecting civilians from the use of hunger as a weapon of war, as well as to point out the challenges in the effective implementation of these regulations.
The purpose of this project is to analyse the legal regulations that contain the prohibition of starving civilians as a method of warfare, a practice that seriously compromises the food security of the victims of armed conflicts. It studies the rules of International Humanitarian Law contained in the Additional Protocols to the Geneva Conventions of 1949, which, based on the principle of distinction, prohibit starving civilians as a method of warfare, as well as attacking, destroying, removing or rendering useless the goods indispensable for their survival. While the prohibition is essential, it is also necessary to address humanitarian assistance to ensure that, if such protection fails, the supply of basic commodities to affected civilians is ensured. Finally, reference will be made to how these regulations are integrated into international criminal law, through Article 8(2)(b)(xxv) of the 1998 Rome Statute. The end goal is to provide a comprehensive overview of the regulations aimed at protecting civilians from the use of hunger as a weapon of war, as well as to point out the challenges in the effective implementation of these regulations.
Direction
JORGE URBINA, JULIO (Tutorships)
JORGE URBINA, JULIO (Tutorships)
Court
JORGE URBINA, JULIO (Student’s tutor)
JORGE URBINA, JULIO (Student’s tutor)
The legislative development of the Constitution of 1812
Authorship
A.P.S.
Bachelor's Degree in Law
A.P.S.
Bachelor's Degree in Law
Defense date
09.11.2024 17:00
09.11.2024 17:00
Summary
The purpose of this paper is to analyze the legislative development of the Constitution of 1812, beginning with a brief introduction followed by an exposition of the historical context in which the aforementioned constitutional text was elaborated. Next, its main characteristics and periods of validity will be examined, grouped into three: gaditan period, Liberal Triennium and Royal Statute. Next, it will proceed to analyze its legislative development, beginning with an explanation of the origin and composition of the Cádiz Courts, architects of the Cádiz Constitution, followed by a systematic exposition by subject of the decrees elaborated by them from 1810 to the end of the Liberal Triennium. Finally, a brief conclusion is included, reflecting on the Cádiz Constitution and its influence on the history of constitutionalism.
The purpose of this paper is to analyze the legislative development of the Constitution of 1812, beginning with a brief introduction followed by an exposition of the historical context in which the aforementioned constitutional text was elaborated. Next, its main characteristics and periods of validity will be examined, grouped into three: gaditan period, Liberal Triennium and Royal Statute. Next, it will proceed to analyze its legislative development, beginning with an explanation of the origin and composition of the Cádiz Courts, architects of the Cádiz Constitution, followed by a systematic exposition by subject of the decrees elaborated by them from 1810 to the end of the Liberal Triennium. Finally, a brief conclusion is included, reflecting on the Cádiz Constitution and its influence on the history of constitutionalism.
Direction
ORTEGO GIL, PEDRO (Tutorships)
ORTEGO GIL, PEDRO (Tutorships)
Court
ORTEGO GIL, PEDRO (Student’s tutor)
ORTEGO GIL, PEDRO (Student’s tutor)
The special employment relationship of domestic work: a legal analysis from the perspective of occupational risk prevention
Authorship
M.O.C.
Double bachelor degree in Laws and Labour Relations and Human Resources
M.O.C.
Double bachelor degree in Laws and Labour Relations and Human Resources
Defense date
07.15.2024 11:30
07.15.2024 11:30
Summary
Traditionally, domestic work has maintained a regulatory and, consequently, jurisprudential treatment, differentiated and with lesser guarantees compared to those of an ordinary worker. This lesser protection was mainly based on the fiduciary nature of the relationship, the non-business nature of the employer and the protection of rights related to the privacy and inviolability of the employer's home. Recently, its regulation has undergone a very significant transformation, driven by the judgment of the Court of Justice of the European Union of 24 February 2022 (Case C-389/2020). Taking advantage of the necessary legislative purification, Royal Decree-Law 16/2022, of 6 September, for the improvement of working conditions and Social Security for family domestic workers, addresses those matters with a specific regime, lacking objective justifications. Among all of them, of particular relevance is the repeal of the exclusion of the special employment relationship of the family home service contained in Law 39/1995, of 8 November, on the prevention of occupational hazards. However, the lack of precision with which, at present, the right to health and safety for this group is still dealt with in the regulations does not solve the problems that this guarantee faced before. The aim is to focus on the modifications produced in the prevention of occupational risks for the family home service relationship, paying special attention to the obligations and rights that arise in this area for the employee and the employer, as well as the consequences that a possible breach of these obligations could have; as a way of finding out how the right to health and safety in domestic work could be configured in future regulations.
Traditionally, domestic work has maintained a regulatory and, consequently, jurisprudential treatment, differentiated and with lesser guarantees compared to those of an ordinary worker. This lesser protection was mainly based on the fiduciary nature of the relationship, the non-business nature of the employer and the protection of rights related to the privacy and inviolability of the employer's home. Recently, its regulation has undergone a very significant transformation, driven by the judgment of the Court of Justice of the European Union of 24 February 2022 (Case C-389/2020). Taking advantage of the necessary legislative purification, Royal Decree-Law 16/2022, of 6 September, for the improvement of working conditions and Social Security for family domestic workers, addresses those matters with a specific regime, lacking objective justifications. Among all of them, of particular relevance is the repeal of the exclusion of the special employment relationship of the family home service contained in Law 39/1995, of 8 November, on the prevention of occupational hazards. However, the lack of precision with which, at present, the right to health and safety for this group is still dealt with in the regulations does not solve the problems that this guarantee faced before. The aim is to focus on the modifications produced in the prevention of occupational risks for the family home service relationship, paying special attention to the obligations and rights that arise in this area for the employee and the employer, as well as the consequences that a possible breach of these obligations could have; as a way of finding out how the right to health and safety in domestic work could be configured in future regulations.
Direction
FERNANDEZ MARTINEZ, SILVIA (Tutorships)
FERNANDEZ MARTINEZ, SILVIA (Tutorships)
Court
CUADRADO GONZALEZ, DAMARIS (Chairman)
MARTINEZ GOMEZ, ALEXANDRA (Secretary)
MUNIN SANCHEZ, LARA MARIA (Member)
CUADRADO GONZALEZ, DAMARIS (Chairman)
MARTINEZ GOMEZ, ALEXANDRA (Secretary)
MUNIN SANCHEZ, LARA MARIA (Member)
The special employment relationship in domestic work: critical points regarding contract termination
Authorship
M.O.C.
Double bachelor degree in Laws and Labour Relations and Human Resources
M.O.C.
Double bachelor degree in Laws and Labour Relations and Human Resources
Defense date
07.02.2024 12:00
07.02.2024 12:00
Summary
Traditionally, domestic work has been treated differently in legislation and, consequently, in case law, with fewer guarantees, mainly based on the fiduciary constitution of the relationship, the non-business nature of the employer and the protection of rights related to the privacy and inviolability of the employer's home. Recently, its regulation has undergone a very significant transformation, prompted by the sentence of the European Court of Justice of 24th February 2022, which examined whether the exclusion of unemployment contributions for this group could constitute an indirect discrimination. Taking advantage of the necessary legislative purification, Royal Decree-Law 16/2022 of 6th September to improve the working and social security conditions of domestic workers tackle all those matters with a specific regime, which is not due to objective justifications. Among all of them, two issues that influence the termination of the employment contract are of particular relevance, namely: withdrawal and unemployment protection. Precisely, both aspects will be analysed in this paper to determine whether the reforms introduced have managed to bring them into line with the common regime of the Workers' Statute and the General Social Security Law, in view of the particularities of this sector. The aim is to focus on the most controversial points and how legislative modifications and case law have attempted to resolve them, as a way of understanding how the termination of employment and the contingency of unemployment have evolved in the family home service.
Traditionally, domestic work has been treated differently in legislation and, consequently, in case law, with fewer guarantees, mainly based on the fiduciary constitution of the relationship, the non-business nature of the employer and the protection of rights related to the privacy and inviolability of the employer's home. Recently, its regulation has undergone a very significant transformation, prompted by the sentence of the European Court of Justice of 24th February 2022, which examined whether the exclusion of unemployment contributions for this group could constitute an indirect discrimination. Taking advantage of the necessary legislative purification, Royal Decree-Law 16/2022 of 6th September to improve the working and social security conditions of domestic workers tackle all those matters with a specific regime, which is not due to objective justifications. Among all of them, two issues that influence the termination of the employment contract are of particular relevance, namely: withdrawal and unemployment protection. Precisely, both aspects will be analysed in this paper to determine whether the reforms introduced have managed to bring them into line with the common regime of the Workers' Statute and the General Social Security Law, in view of the particularities of this sector. The aim is to focus on the most controversial points and how legislative modifications and case law have attempted to resolve them, as a way of understanding how the termination of employment and the contingency of unemployment have evolved in the family home service.
Direction
MELLA MENDEZ, LOURDES (Tutorships)
MELLA MENDEZ, LOURDES (Tutorships)
Court
FERREIRO REGUEIRO, MARIA CONSUELO (Chairman)
VILLALBA SANCHEZ, ALICIA (Secretary)
MANEIRO VAZQUEZ, YOLANDA (Member)
FERREIRO REGUEIRO, MARIA CONSUELO (Chairman)
VILLALBA SANCHEZ, ALICIA (Secretary)
MANEIRO VAZQUEZ, YOLANDA (Member)
The rebus sic stantibus clause in article 1238 of the Proposal for the modernization of the Civil Code on obligations and contracts of 2023.
Authorship
X.P.F.
Bachelor's Degree in Law
X.P.F.
Bachelor's Degree in Law
Defense date
06.27.2024 11:30
06.27.2024 11:30
Summary
This paper carries out a jurisprudential analysis of the rebus sic stantibus clause focused on article 1238 of the Proposal for the modernization of the Civil Code on obligations and contracts of 2023. To do so, first, an approach to the concept is made from its doctrinal creation; once defined, the regulation of this clause in different international texts is briefly presented, and then a detailed review of the Supreme Court's positions regarding the acceptance of the doctrine of alteration of circumstances. Finally, the study of the rebus sic stantibus clause in the new article 1238 and its possible integration into our current legislation, as well as its foundations, requirements, and effects, is carried out.
This paper carries out a jurisprudential analysis of the rebus sic stantibus clause focused on article 1238 of the Proposal for the modernization of the Civil Code on obligations and contracts of 2023. To do so, first, an approach to the concept is made from its doctrinal creation; once defined, the regulation of this clause in different international texts is briefly presented, and then a detailed review of the Supreme Court's positions regarding the acceptance of the doctrine of alteration of circumstances. Finally, the study of the rebus sic stantibus clause in the new article 1238 and its possible integration into our current legislation, as well as its foundations, requirements, and effects, is carried out.
Direction
LETE ACHIRICA, JAVIER (Tutorships)
LETE ACHIRICA, JAVIER (Tutorships)
Court
DIAZ MARTINEZ, ANA (Chairman)
MADRIÑAN VAZQUEZ, MARTA (Secretary)
CARBALLO FIDALGO, MARTA (Member)
DIAZ MARTINEZ, ANA (Chairman)
MADRIÑAN VAZQUEZ, MARTA (Secretary)
CARBALLO FIDALGO, MARTA (Member)
The reform of the pension system
Authorship
F.P.A.
Bachelor's Degree in Law
F.P.A.
Bachelor's Degree in Law
Defense date
06.27.2024 09:00
06.27.2024 09:00
Summary
The Spanish pension system has been modified since its creation in the 20th century. All the measures that have been taken have in common the reduction of public spending, to a greater extent due to future demographic forecasts, which predict difficult times for the State if no variable is modified. The imminent retirement of the most populated age group makes the system unbearable for young people, who would be responsible for contributing in a demanding manner to this situation. So that there are no political biases when making appropriate decisions to regulate the situation, the Toledo Pact is responsible for proposing and supervising measures in this regard for the good end of the system. In addition to the demographic problem, the recent crises of 2008 and 2020 and the delicate situation of the labor market have not helped economically, and have been the triggers for the two most important pension reforms, the one that occurred between 2011 and 2013 and the last between 2021 and 2023. These crises have left consequences in the State coffers, such as the expenditure of the Reserve Fund. The recent reforms have not been far from social controversy despite being achieved through consensus. Both have been seen as insufficient from Europe and from various national organizations that try to ensure the good fortune of the country's accounts, so another cycle of reforms to reduce public spending on pensions or increase income is not ruled out in the coming years. On the other hand, although it is not a solution, it should be noted that the Spanish demographic problem and the low capacity to confront pension spending is not unique, since many of the countries around us are going through similar situations.
The Spanish pension system has been modified since its creation in the 20th century. All the measures that have been taken have in common the reduction of public spending, to a greater extent due to future demographic forecasts, which predict difficult times for the State if no variable is modified. The imminent retirement of the most populated age group makes the system unbearable for young people, who would be responsible for contributing in a demanding manner to this situation. So that there are no political biases when making appropriate decisions to regulate the situation, the Toledo Pact is responsible for proposing and supervising measures in this regard for the good end of the system. In addition to the demographic problem, the recent crises of 2008 and 2020 and the delicate situation of the labor market have not helped economically, and have been the triggers for the two most important pension reforms, the one that occurred between 2011 and 2013 and the last between 2021 and 2023. These crises have left consequences in the State coffers, such as the expenditure of the Reserve Fund. The recent reforms have not been far from social controversy despite being achieved through consensus. Both have been seen as insufficient from Europe and from various national organizations that try to ensure the good fortune of the country's accounts, so another cycle of reforms to reduce public spending on pensions or increase income is not ruled out in the coming years. On the other hand, although it is not a solution, it should be noted that the Spanish demographic problem and the low capacity to confront pension spending is not unique, since many of the countries around us are going through similar situations.
Direction
FERNANDEZ LEICEAGA, XOAQUIN MARIA (Tutorships)
FERNANDEZ LEICEAGA, XOAQUIN MARIA (Tutorships)
Court
FERNANDEZ LEICEAGA, XOAQUIN MARIA (Student’s tutor)
FERNANDEZ LEICEAGA, XOAQUIN MARIA (Student’s tutor)
Overexposure of minors on social networks: right to self-image.
Authorship
A.C.C.
Bachelor's Degree in Law
A.C.C.
Bachelor's Degree in Law
Defense date
07.01.2024 13:00
07.01.2024 13:00
Summary
Nowadays, the use of social media plays a very important role in people’s daily lives. It is true that they bring us many advantages, but it should not be forgotten that they also entail some risks. In this context, the phenomenon of sharenting or overexposure of minors by their parents through social networks arises. This Work aims to analyze this phenomenon from the perspective of the right to the child's right´s own image, its consequences, the consent given by them and the protection granted by the legal system.
Nowadays, the use of social media plays a very important role in people’s daily lives. It is true that they bring us many advantages, but it should not be forgotten that they also entail some risks. In this context, the phenomenon of sharenting or overexposure of minors by their parents through social networks arises. This Work aims to analyze this phenomenon from the perspective of the right to the child's right´s own image, its consequences, the consent given by them and the protection granted by the legal system.
Direction
GUDE FERNANDEZ, ANA MARIA (Tutorships)
GUDE FERNANDEZ, ANA MARIA (Tutorships)
Court
GUDE FERNANDEZ, ANA MARIA (Student’s tutor)
GUDE FERNANDEZ, ANA MARIA (Student’s tutor)
The conflicting taxation of image rights and their corporate channeling
Authorship
A.M.V.
Bachelor's Degree in Law
A.M.V.
Bachelor's Degree in Law
Defense date
07.18.2024 11:00
07.18.2024 11:00
Summary
This work includes a brief description of the different forms of taxation in the Spanish legal system, specifically in the field of football, as well as the different ways in which taxpayers can avoid or minimise the payment of different taxes, either through tax havens or by trying to have a lower taxation. It also highlights the taxation of image rights carried out by football players, with particular emphasis in this work on the study of the recent Supreme Court Ruling 4320/2023; the Xabi Alonso case. Three different cases will be analyzed, two of which have been convicted and have decided to reach an agreement with the Administration to avoid imprisonment, specifically the cases of Lionel Messi and Cristiano Ronaldo. On the other hand, the recent case of Xabi Alonso, who has been acquitted of all charges, will also be analyzed. Regarding Alonso's case, his football career is examined until he became a Spanish tax resident, as well as his economic trajectory. The Kardzali company, which has been crucial in this matter, is also analyzed, and the ruling of the Supreme Court Sentence and its future implications will be discussed. Furthermore, through a study of the civil and tax doctrine, and of the ordinary and constitutional jurisdiction, we will appreciate the different figures that exist in our system regarding Spanish taxation and the ways that citizens use to evade it and defraud the system.
This work includes a brief description of the different forms of taxation in the Spanish legal system, specifically in the field of football, as well as the different ways in which taxpayers can avoid or minimise the payment of different taxes, either through tax havens or by trying to have a lower taxation. It also highlights the taxation of image rights carried out by football players, with particular emphasis in this work on the study of the recent Supreme Court Ruling 4320/2023; the Xabi Alonso case. Three different cases will be analyzed, two of which have been convicted and have decided to reach an agreement with the Administration to avoid imprisonment, specifically the cases of Lionel Messi and Cristiano Ronaldo. On the other hand, the recent case of Xabi Alonso, who has been acquitted of all charges, will also be analyzed. Regarding Alonso's case, his football career is examined until he became a Spanish tax resident, as well as his economic trajectory. The Kardzali company, which has been crucial in this matter, is also analyzed, and the ruling of the Supreme Court Sentence and its future implications will be discussed. Furthermore, through a study of the civil and tax doctrine, and of the ordinary and constitutional jurisdiction, we will appreciate the different figures that exist in our system regarding Spanish taxation and the ways that citizens use to evade it and defraud the system.
Direction
TABOADA VILLA, JORGE (Tutorships)
TABOADA VILLA, JORGE (Tutorships)
Court
TABOADA VILLA, JORGE (Student’s tutor)
TABOADA VILLA, JORGE (Student’s tutor)
History of the Guardia Civil
Authorship
S.R.Q.
Bachelor of Criminology
S.R.Q.
Bachelor of Criminology
Defense date
07.01.2024 12:30
07.01.2024 12:30
Summary
The Guardia Civil is one of the oldest police forces that survives to this day in Spain. This work begins by contextualizing the police model prior to the creation of the Benemérita in 1844, when there was no national force capable of operating throughout the Spanish territory. The development of the Corps is explored since its formation, whose main objective, as it's stated in its Service Regulation, was the preservation of public order, the protection of people and property. In his long journey, which will be examined until the end of Franco's rule, it has carried out tasks as diverse as the fight against banditry, campaign service, political repression, and humanitarian aid. This analysis will also address historical events in which the Guardia Civil was involved, such as the events of the Night of San Daniel and Arnedo, which marked the Corps and caused reforms that met the changing needs of each era. These reforms were constant, covering issues such as the double dependence of the Institute and its functions, among others. Over time, and having survived dissolution attempts, the Guardia Civil became a force limited to rural areas and dedicated to specialties such as traffic control, since many of its past missions had been assigned to other corps.
The Guardia Civil is one of the oldest police forces that survives to this day in Spain. This work begins by contextualizing the police model prior to the creation of the Benemérita in 1844, when there was no national force capable of operating throughout the Spanish territory. The development of the Corps is explored since its formation, whose main objective, as it's stated in its Service Regulation, was the preservation of public order, the protection of people and property. In his long journey, which will be examined until the end of Franco's rule, it has carried out tasks as diverse as the fight against banditry, campaign service, political repression, and humanitarian aid. This analysis will also address historical events in which the Guardia Civil was involved, such as the events of the Night of San Daniel and Arnedo, which marked the Corps and caused reforms that met the changing needs of each era. These reforms were constant, covering issues such as the double dependence of the Institute and its functions, among others. Over time, and having survived dissolution attempts, the Guardia Civil became a force limited to rural areas and dedicated to specialties such as traffic control, since many of its past missions had been assigned to other corps.
Direction
Miguez Macho, Luis (Tutorships)
Miguez Macho, Luis (Tutorships)
Court
Miguez Macho, Luis (Student’s tutor)
Miguez Macho, Luis (Student’s tutor)
Disinheritance due to psychological abuse.
Authorship
P.L.L.
Bachelor's Degree in Law
P.L.L.
Bachelor's Degree in Law
Defense date
02.16.2024 11:00
02.16.2024 11:00
Summary
This work focuses, first of all, on the analysis of the legal institutions of disinheritance and indignity. Initially, reference is made to the respective regulations of both institutions. Subsequently, a detailed examination is made of the causes that can lead to disinheritance and the consequences resulting from such an act are explored. To conclude this section, the similarities and differences between indignity and disinheritance are investigated. The second part of this paper focuses, more specifically, on the causes of disinheritance. Special attention is paid to the cause of disinheritance established in Article 853.2 of the Civil Code, which deals with mistreatment by deed. Furthermore, the possibility of including psychological mistreatment within this category is analysed, supported by case law and judicial decisions of various Provincial Courts. Particular emphasis is given to two rulings of the Supreme Court, one of 3 June 2014 and the other of 30 January 2015, which brought about a substantial change in the interpretation of this article.
This work focuses, first of all, on the analysis of the legal institutions of disinheritance and indignity. Initially, reference is made to the respective regulations of both institutions. Subsequently, a detailed examination is made of the causes that can lead to disinheritance and the consequences resulting from such an act are explored. To conclude this section, the similarities and differences between indignity and disinheritance are investigated. The second part of this paper focuses, more specifically, on the causes of disinheritance. Special attention is paid to the cause of disinheritance established in Article 853.2 of the Civil Code, which deals with mistreatment by deed. Furthermore, the possibility of including psychological mistreatment within this category is analysed, supported by case law and judicial decisions of various Provincial Courts. Particular emphasis is given to two rulings of the Supreme Court, one of 3 June 2014 and the other of 30 January 2015, which brought about a substantial change in the interpretation of this article.
Direction
NIETO ALONSO, ANTONIA (Tutorships)
NIETO ALONSO, ANTONIA (Tutorships)
Court
NIETO ALONSO, ANTONIA (Student’s tutor)
NIETO ALONSO, ANTONIA (Student’s tutor)
The invisible victims in gender violence: minors
Authorship
P.R.G.
Bachelor's Degree in Criminology
P.R.G.
Bachelor's Degree in Criminology
Defense date
09.12.2024 12:30
09.12.2024 12:30
Summary
For many years, gender-based violence has been normalized in the homes of many families, women were relegated to being the caregivers of the children and the ones who carried out household chores. Women fought for the rights that cost them so much to acquire and that, even today, there is so much to do. It was not until the mid- twentieth century that women began to have a status of equality with men, although there are still conservative ideas and ideas about gender roles that denote everything that still needs to be done. Minors, often children who contemplate the violence that occurs in their homes by fathers towards their mothers, have never been taken into account as the main victims and causing a public health problem due to the negative effects that occur on them.
For many years, gender-based violence has been normalized in the homes of many families, women were relegated to being the caregivers of the children and the ones who carried out household chores. Women fought for the rights that cost them so much to acquire and that, even today, there is so much to do. It was not until the mid- twentieth century that women began to have a status of equality with men, although there are still conservative ideas and ideas about gender roles that denote everything that still needs to be done. Minors, often children who contemplate the violence that occurs in their homes by fathers towards their mothers, have never been taken into account as the main victims and causing a public health problem due to the negative effects that occur on them.
Direction
PEREZ RIVAS, NATALIA (Tutorships)
PEREZ RIVAS, NATALIA (Tutorships)
Court
PEREZ RIVAS, NATALIA (Student’s tutor)
PEREZ RIVAS, NATALIA (Student’s tutor)
Child, early and forced marriage from the international, European and Spanish legislation
Authorship
A.A.C.
Bachelor's Degree in Law
A.A.C.
Bachelor's Degree in Law
Defense date
09.12.2024 10:30
09.12.2024 10:30
Summary
Child marriage is a serious problem which has negative effects in the economic as well as social spheres, but also negative consequences for health, The European Commission has recently published a report on the situation of children in the United States. Children, and especially girls, who are the most affected by this practice, who are subjected to child marriage are victims of a violation of their rights, The Commission has also been working with the European Social Fund, which is responsible for the financing of the European Social Fund. The practice of child and forced marriage, despite the fact that it has been a frequent and widespread phenomenon throughout history, and that its presence has decreased considerably over time, The European Commission has already published a report on the situation in the United States of America.
Child marriage is a serious problem which has negative effects in the economic as well as social spheres, but also negative consequences for health, The European Commission has recently published a report on the situation of children in the United States. Children, and especially girls, who are the most affected by this practice, who are subjected to child marriage are victims of a violation of their rights, The Commission has also been working with the European Social Fund, which is responsible for the financing of the European Social Fund. The practice of child and forced marriage, despite the fact that it has been a frequent and widespread phenomenon throughout history, and that its presence has decreased considerably over time, The European Commission has already published a report on the situation in the United States of America.
Direction
ARENAS MEZA, MIGUEL ENRIQUE (Tutorships)
ARENAS MEZA, MIGUEL ENRIQUE (Tutorships)
Court
ARENAS MEZA, MIGUEL ENRIQUE (Student’s tutor)
ARENAS MEZA, MIGUEL ENRIQUE (Student’s tutor)
The concept of obstetric violence and its necessary recognition in the Spanish legal system
Authorship
A.F.C.
Bachelor's Degree in Law
A.F.C.
Bachelor's Degree in Law
Defense date
07.18.2024 14:00
07.18.2024 14:00
Summary
Obstetric violence is a term encompassing a series of abusive practices carried out by medical personnel on women during their pregnancy and childbirth. The recognition of this concept has advanced over the past decades at various levels of protection, but there is still a long way to go. Specifically, in Spain, the situation is not legislated, despite having been condemned on three occasions by rulings of the international body CEDAW. However, an approach to the concept is beginning to be appreciated; in Constitutional Court Judgment 11/2023, obstetric violence is referenced for the first time in Spanish jurisprudence. Considering the above, this final degree project aims to analyze the concept of obstetric violence both theoretically and practically, and thereafter, focus on the current conditions of the Spanish reality through a thorough study of the legal framework, granting considerable relevance to the aforementioned Constitutional Court Judgment, from which it is possible to conduct an analysis that connects this term with the fundamental rights enshrined in the Constitution, thereby providing it with a legal basis for the future.
Obstetric violence is a term encompassing a series of abusive practices carried out by medical personnel on women during their pregnancy and childbirth. The recognition of this concept has advanced over the past decades at various levels of protection, but there is still a long way to go. Specifically, in Spain, the situation is not legislated, despite having been condemned on three occasions by rulings of the international body CEDAW. However, an approach to the concept is beginning to be appreciated; in Constitutional Court Judgment 11/2023, obstetric violence is referenced for the first time in Spanish jurisprudence. Considering the above, this final degree project aims to analyze the concept of obstetric violence both theoretically and practically, and thereafter, focus on the current conditions of the Spanish reality through a thorough study of the legal framework, granting considerable relevance to the aforementioned Constitutional Court Judgment, from which it is possible to conduct an analysis that connects this term with the fundamental rights enshrined in the Constitution, thereby providing it with a legal basis for the future.
Direction
SANJURJO RIVO, VICENTE ANTONIO (Tutorships)
SANJURJO RIVO, VICENTE ANTONIO (Tutorships)
Court
SANJURJO RIVO, VICENTE ANTONIO (Student’s tutor)
SANJURJO RIVO, VICENTE ANTONIO (Student’s tutor)
Criminal typology, psychological adjustment and treatment in the prison context.
Authorship
T.G.N.
Bachelor of Criminology
T.G.N.
Bachelor of Criminology
Defense date
07.02.2024 09:45
07.02.2024 09:45
Summary
The scientific literature warns that the phenomenon of imprisonment affects the psychological well being of persons deprived of liberty. In this regard, the Therapeutic Justice approach highlights the need for scientific evidence in the prison context. Therefore, the present study examines the psychological state of the prison population, as well as treatment and criminological variables. Differences in psychological adjustment according to attendance at treatment programs are also analyzed. A sample of 39 convicts, with an age range of between 21 and 68 years, who completed the measuring instruments, was used. The results showed that the sample presents psychological distress well above the average in all scales, higher than the general population. In addition, statistically significant differences were found between people who attend treatment programs and those who do not attend in the dimensions of somatization, interpersonal sensitivity, depression, hostility, phobic anxiety, and psychoticism. Taking into account the limitation of this study, the results obtained are discussed and future lines of research are proposed to improve the effectiveness of intervention programs within prisons.
The scientific literature warns that the phenomenon of imprisonment affects the psychological well being of persons deprived of liberty. In this regard, the Therapeutic Justice approach highlights the need for scientific evidence in the prison context. Therefore, the present study examines the psychological state of the prison population, as well as treatment and criminological variables. Differences in psychological adjustment according to attendance at treatment programs are also analyzed. A sample of 39 convicts, with an age range of between 21 and 68 years, who completed the measuring instruments, was used. The results showed that the sample presents psychological distress well above the average in all scales, higher than the general population. In addition, statistically significant differences were found between people who attend treatment programs and those who do not attend in the dimensions of somatization, interpersonal sensitivity, depression, hostility, phobic anxiety, and psychoticism. Taking into account the limitation of this study, the results obtained are discussed and future lines of research are proposed to improve the effectiveness of intervention programs within prisons.
Direction
VILARIÑO VAZQUEZ, MANUEL (Tutorships)
VILARIÑO VAZQUEZ, MANUEL (Tutorships)
Court
Sobral Fernández, Jorge (Chairman)
VILARIÑO VAZQUEZ, MANUEL (Secretary)
Novo Pérez, Mercedes (Member)
Sobral Fernández, Jorge (Chairman)
VILARIÑO VAZQUEZ, MANUEL (Secretary)
Novo Pérez, Mercedes (Member)
New technologies in gender violence among minors
Authorship
T.A.F.
Bachelor's Degree in Law
T.A.F.
Bachelor's Degree in Law
Defense date
07.23.2024 09:05
07.23.2024 09:05
Summary
Gender violence is a social problem suffered by women all over the world. Although our country has developed legislation and a settled doctrine on this issue, gender violence suffered by adolescents has been forgotten. The new generations have been educated about this problem, however, as will be analyzed in this paper, many teenagers consider that their partner shows love when he asks them for their social network passwords or controls where and with whom they are, these being behaviors typical of the beginning of the escalation of gender violence. Another problem has also been added: new technologies. These are often used as a means of committing gender-based violence: they threaten their partners or ex-partners with disseminating intimate images of them, thus gaining total control over them; or they publish offensive comments on social networks. What happens in criminal proceedings when gender-based violence is exercised mainly on social networks? How is the authorship of these messages or the sending of these photographs proven? The delimitation of this poses a problem for the courts of our country, since technological means have advanced to unimaginable points such as artificial intelligences, which are capable of creating or modifying images and which are used in a criminal manner on many occasions.
Gender violence is a social problem suffered by women all over the world. Although our country has developed legislation and a settled doctrine on this issue, gender violence suffered by adolescents has been forgotten. The new generations have been educated about this problem, however, as will be analyzed in this paper, many teenagers consider that their partner shows love when he asks them for their social network passwords or controls where and with whom they are, these being behaviors typical of the beginning of the escalation of gender violence. Another problem has also been added: new technologies. These are often used as a means of committing gender-based violence: they threaten their partners or ex-partners with disseminating intimate images of them, thus gaining total control over them; or they publish offensive comments on social networks. What happens in criminal proceedings when gender-based violence is exercised mainly on social networks? How is the authorship of these messages or the sending of these photographs proven? The delimitation of this poses a problem for the courts of our country, since technological means have advanced to unimaginable points such as artificial intelligences, which are capable of creating or modifying images and which are used in a criminal manner on many occasions.
Direction
Alonso Salgado, Cristina (Tutorships)
Alonso Salgado, Cristina (Tutorships)
Court
Alonso Salgado, Cristina (Student’s tutor)
Alonso Salgado, Cristina (Student’s tutor)
Costs and benefits of organized crime for the offender and the administration of justice in Spain.
Authorship
M.P.M.
Bachelor's Degree in Criminology
M.P.M.
Bachelor's Degree in Criminology
Defense date
07.19.2024 12:30
07.19.2024 12:30
Summary
Organized crime can be considered as a business or economic activity whose operation obeys criteria of opportunity in relation to benefits and costs, among those who decide to act outside the law. Unlike crimes that respond to acts of private violence, those who associate to develop criminal activities do so motivated by a profit motive. Likewise, combating this type of unlawful acts requires a mainly public investment, in prevention and criminal prosecution, as a way to reduce the material incentives that organized crime in its different modalities can obtain in Spain. In this regard, this paper includes a comparative analysis, from an economic point of view, of the functional nature of organized crime, and the State's investment in the administration of justice at the level of criminal prosecution. Three chapters are developed, including the statement of the research problem, the theoretical framework for the analysis, and a comparative approach between the economic benefits of organized crime and the budget of the spanish criminal justice administration in recent years, in the pre- and post-pandemic period.
Organized crime can be considered as a business or economic activity whose operation obeys criteria of opportunity in relation to benefits and costs, among those who decide to act outside the law. Unlike crimes that respond to acts of private violence, those who associate to develop criminal activities do so motivated by a profit motive. Likewise, combating this type of unlawful acts requires a mainly public investment, in prevention and criminal prosecution, as a way to reduce the material incentives that organized crime in its different modalities can obtain in Spain. In this regard, this paper includes a comparative analysis, from an economic point of view, of the functional nature of organized crime, and the State's investment in the administration of justice at the level of criminal prosecution. Three chapters are developed, including the statement of the research problem, the theoretical framework for the analysis, and a comparative approach between the economic benefits of organized crime and the budget of the spanish criminal justice administration in recent years, in the pre- and post-pandemic period.
Direction
CARNOTA GARCIA, JOSE MANUEL (Tutorships)
CARNOTA GARCIA, JOSE MANUEL (Tutorships)
Court
CARNOTA GARCIA, JOSE MANUEL (Student’s tutor)
CARNOTA GARCIA, JOSE MANUEL (Student’s tutor)
Legal competence in cases of pyromania
Authorship
M.B.C.
Bachelor of Criminology
M.B.C.
Bachelor of Criminology
Defense date
07.01.2024 17:00
07.01.2024 17:00
Summary
Forensic psychiatry is a branch of legal and forensic medicine that includes the set of psychiatric and expert knowledge necessary for the resolution of the problems posed by law, both in the practical application of the laws and in their evolution and improvement. This is where criminal law and, specifically, the concept of imputability comes into context. This is a legal concept with a psychobiological basis that includes the set of psychobiological conditions of people, required by current legal provisions, for an action to be understood as psychically and ethically caused by them. Likewise, there may be the case in which, although at first a subject may seem attributable, in the end they cannot be held criminally responsible for the acts committed. In this way, a series of circumstances come into play that can give rise to this non-imputability, among them, the circumstance of suffering from an anomaly or psychological alteration included in section 1 of article 20 of the Penal Code. Pyromania, classified by the DSM 5 within disruptive, impulse control, and conduct disorders, can be defined as unmotivated incendiary behavior. This lack of motivation is what leads to studying arsonist behavior as a circumstance exonerating criminal responsibility. However, as we will see later, in the majority of sentences it ends up being applied as an extenuating circumstance.
Forensic psychiatry is a branch of legal and forensic medicine that includes the set of psychiatric and expert knowledge necessary for the resolution of the problems posed by law, both in the practical application of the laws and in their evolution and improvement. This is where criminal law and, specifically, the concept of imputability comes into context. This is a legal concept with a psychobiological basis that includes the set of psychobiological conditions of people, required by current legal provisions, for an action to be understood as psychically and ethically caused by them. Likewise, there may be the case in which, although at first a subject may seem attributable, in the end they cannot be held criminally responsible for the acts committed. In this way, a series of circumstances come into play that can give rise to this non-imputability, among them, the circumstance of suffering from an anomaly or psychological alteration included in section 1 of article 20 of the Penal Code. Pyromania, classified by the DSM 5 within disruptive, impulse control, and conduct disorders, can be defined as unmotivated incendiary behavior. This lack of motivation is what leads to studying arsonist behavior as a circumstance exonerating criminal responsibility. However, as we will see later, in the majority of sentences it ends up being applied as an extenuating circumstance.
Direction
ARROJO ROMERO, MANUEL (Tutorships)
ARROJO ROMERO, MANUEL (Tutorships)
Court
VIDAL MILLARES, MARIA (Chairman)
VICENTE ALBA, FRANCISCO JAVIER (Secretary)
ARROJO ROMERO, MANUEL (Member)
VIDAL MILLARES, MARIA (Chairman)
VICENTE ALBA, FRANCISCO JAVIER (Secretary)
ARROJO ROMERO, MANUEL (Member)
Social-political perspective of abortion
Authorship
P.A.E.
Bachelor of Criminology
P.A.E.
Bachelor of Criminology
Defense date
09.12.2024 13:30
09.12.2024 13:30
Summary
Abortion has historically been a deeply sensitive and polarizing issue that strikes a chord with ethics, morals, or individual rights. In Spain it is regulated by LO 2/2010, which establishes a mixed system of deadlines (free abortion in the first 14 weeks of gestation) and indications (situations in which the foetus suffers serious anomalies, the mother's life is in danger or anomalies incompatible with life are detected in the foetus). The approval and entry into force of this law was not without political and social controversies that revolutionized a large part of the citizenry. This social debate was also motivated by the treatment given to it by the media. In this paper we will make an analysis of how the issue of abortion is in Spain and how these media influenced the social idea.
Abortion has historically been a deeply sensitive and polarizing issue that strikes a chord with ethics, morals, or individual rights. In Spain it is regulated by LO 2/2010, which establishes a mixed system of deadlines (free abortion in the first 14 weeks of gestation) and indications (situations in which the foetus suffers serious anomalies, the mother's life is in danger or anomalies incompatible with life are detected in the foetus). The approval and entry into force of this law was not without political and social controversies that revolutionized a large part of the citizenry. This social debate was also motivated by the treatment given to it by the media. In this paper we will make an analysis of how the issue of abortion is in Spain and how these media influenced the social idea.
Direction
CASTRO MARTINEZ, PALOMA (Tutorships)
CASTRO MARTINEZ, PALOMA (Tutorships)
Court
CASTRO MARTINEZ, PALOMA (Student’s tutor)
CASTRO MARTINEZ, PALOMA (Student’s tutor)
Motherhood in the 21st Century: The Different Types of Motherhood Today
Authorship
P.P.V.
Bachelor's Degree in Law
P.P.V.
Bachelor's Degree in Law
Defense date
07.18.2024 13:00
07.18.2024 13:00
Summary
Motherhood has undergone a notable transformation in recent decades due to the introduction of new family models. Although initially only biological mothers were recognized, today adoptive mothers, surrogate mothers, or so-called social mothers, among others, are accepted. The doctrine and jurisprudence have not been oblivious to these changes and have pronounced on the matter, even reaching contradictory statements. In this work, our objective is to expose the legal configuration of motherhood today. Starting with biological motherhood, continuing with adoptive motherhood, making special mention of the legal regulation of the right to renounce motherhood, and finally addressing the new motherhoods that will emerge as a result of the development of Assisted Human Reproduction Techniques, specifically analyzing double female motherhood. We will highlight the regulation of these new motherhoods, the legal problems that arise, some resolved and others not, and how they are addressed by the doctrine and jurisprudence.
Motherhood has undergone a notable transformation in recent decades due to the introduction of new family models. Although initially only biological mothers were recognized, today adoptive mothers, surrogate mothers, or so-called social mothers, among others, are accepted. The doctrine and jurisprudence have not been oblivious to these changes and have pronounced on the matter, even reaching contradictory statements. In this work, our objective is to expose the legal configuration of motherhood today. Starting with biological motherhood, continuing with adoptive motherhood, making special mention of the legal regulation of the right to renounce motherhood, and finally addressing the new motherhoods that will emerge as a result of the development of Assisted Human Reproduction Techniques, specifically analyzing double female motherhood. We will highlight the regulation of these new motherhoods, the legal problems that arise, some resolved and others not, and how they are addressed by the doctrine and jurisprudence.
Direction
AMMERMAN YEBRA, JULIA (Tutorships)
AMMERMAN YEBRA, JULIA (Tutorships)
Court
AMMERMAN YEBRA, JULIA (Student’s tutor)
AMMERMAN YEBRA, JULIA (Student’s tutor)
Antisocial Personality Disorder: a review of the disorder and a real case analysis
Authorship
A.M.C.
Bachelor of Criminology
A.M.C.
Bachelor of Criminology
Defense date
07.18.2024 17:00
07.18.2024 17:00
Summary
Personality and related disorders have raised the interest of numerous authors throughout history, which led to the conformation of different definitions and classifications until today. The current project shows a bibliographic review of personality and its maisn theories, as well as an exposition of the characteristics that define the Antisocial Personality Disorder and how an individual presenting such symptoms can decome involved in violento r criminal behaviors. In order to show the shymptomatic manifestations of the disorder and the behavioral pattern of criminals suffering from it, four real cases of murderers were selected, including Aileen Wuornos, Charles Manson, Tommy Lynn Sells and Manuel Blanco Romasanta. A tour of their criminal careers was made and the different circumstances of factors that could have influenced the appearance of the criminal behavior were analyzed. Finally, it contains a brief reference to the issue of imputability and the debate around the legal implications of suffering from Antisocial Personality Disorder.
Personality and related disorders have raised the interest of numerous authors throughout history, which led to the conformation of different definitions and classifications until today. The current project shows a bibliographic review of personality and its maisn theories, as well as an exposition of the characteristics that define the Antisocial Personality Disorder and how an individual presenting such symptoms can decome involved in violento r criminal behaviors. In order to show the shymptomatic manifestations of the disorder and the behavioral pattern of criminals suffering from it, four real cases of murderers were selected, including Aileen Wuornos, Charles Manson, Tommy Lynn Sells and Manuel Blanco Romasanta. A tour of their criminal careers was made and the different circumstances of factors that could have influenced the appearance of the criminal behavior were analyzed. Finally, it contains a brief reference to the issue of imputability and the debate around the legal implications of suffering from Antisocial Personality Disorder.
Direction
TORRES IGLESIAS, ANGELA JUANA (Tutorships)
TORRES IGLESIAS, ANGELA JUANA (Tutorships)
Court
TORRES IGLESIAS, ANGELA JUANA (Student’s tutor)
TORRES IGLESIAS, ANGELA JUANA (Student’s tutor)
The Dark Triad of Personality and sexism: the mediating role of moral disconnection
Authorship
M.E.S.
Bachelor of Criminology
M.E.S.
Bachelor of Criminology
Defense date
07.18.2024 11:00
07.18.2024 11:00
Summary
In this Final Degree Project, we investigate the psychological profile of the Dark Triad of Personality (composed of the dark traits psychopathy, narcissism and machiavellianism), as well as briefly the Dark Tetrad of Personality (profile composed of the traits psychopathy, narcissism, Machiavellianism and sadism). It is analyzed how these dark traits are linked to criminality, and specifically with the different types of sexism, as well as the mediating role of moral disconnection in this relationship, understanding this as a cognitive process through which subjects try to justify their harmful, and specifically sexist, attitudes towards other people, by reinterpreting the nature of the criminal act so that it is considered correct, reevaluating their role in the crime and/or dissociating the victims from their role in it. The results obtained support that the dark triad personality traits are directly and significantly related to both types of sexism studied (hostile and benevolent), and moral disconnection acts in an important way as a mediating effect in this relationship, since subjects, by becoming disinhibited from reality, dissociate themselves from feelings such as guilt or remorse.
In this Final Degree Project, we investigate the psychological profile of the Dark Triad of Personality (composed of the dark traits psychopathy, narcissism and machiavellianism), as well as briefly the Dark Tetrad of Personality (profile composed of the traits psychopathy, narcissism, Machiavellianism and sadism). It is analyzed how these dark traits are linked to criminality, and specifically with the different types of sexism, as well as the mediating role of moral disconnection in this relationship, understanding this as a cognitive process through which subjects try to justify their harmful, and specifically sexist, attitudes towards other people, by reinterpreting the nature of the criminal act so that it is considered correct, reevaluating their role in the crime and/or dissociating the victims from their role in it. The results obtained support that the dark triad personality traits are directly and significantly related to both types of sexism studied (hostile and benevolent), and moral disconnection acts in an important way as a mediating effect in this relationship, since subjects, by becoming disinhibited from reality, dissociate themselves from feelings such as guilt or remorse.
Direction
Sobral Fernández, Jorge (Tutorships)
Sobral Fernández, Jorge (Tutorships)
Court
Sobral Fernández, Jorge (Student’s tutor)
Sobral Fernández, Jorge (Student’s tutor)
Sociological factors underlying homicide
Authorship
E.B.S.
Bachelor of Criminology
E.B.S.
Bachelor of Criminology
Defense date
07.19.2024 10:00
07.19.2024 10:00
Summary
The present study investigates the factors influencing homicide rates globally, using an empirical approach with socioeconomic, demographic, educational, and health data. The study's objectives are: (1) to determine factors associated with homicide rates in countries, (2) to develop a predictive model representative of most countries, and (3) to investigate if these factors differ between male and female homicides. To do this, a sample of 217 countries (excluding domains and territories) is taken, and 180 indicators are analyzed. The study's results reveal a significant association between the Gini index and homicide rates, indicating that economic inequality is a key predictor, provided it is complemented by other factors (socioeconomic, educational, health, etc.), in order to obtain a more comprehensive profile of the kind of countries with high homicide rates. Furthermore, factors associated with male and female homicides are generally similar but with some differences. The predictive model includes 13 predictors and explains 72.6% of the variance, facing methodological challenges such as high multicollinearity among predictors and a reduction in sample size. The results suggest that, to reduce homicide rates, economic, educational, social, and health conditions in the given territory must be developed and improved.
The present study investigates the factors influencing homicide rates globally, using an empirical approach with socioeconomic, demographic, educational, and health data. The study's objectives are: (1) to determine factors associated with homicide rates in countries, (2) to develop a predictive model representative of most countries, and (3) to investigate if these factors differ between male and female homicides. To do this, a sample of 217 countries (excluding domains and territories) is taken, and 180 indicators are analyzed. The study's results reveal a significant association between the Gini index and homicide rates, indicating that economic inequality is a key predictor, provided it is complemented by other factors (socioeconomic, educational, health, etc.), in order to obtain a more comprehensive profile of the kind of countries with high homicide rates. Furthermore, factors associated with male and female homicides are generally similar but with some differences. The predictive model includes 13 predictors and explains 72.6% of the variance, facing methodological challenges such as high multicollinearity among predictors and a reduction in sample size. The results suggest that, to reduce homicide rates, economic, educational, social, and health conditions in the given territory must be developed and improved.
Direction
REAL DEUS, JOSE EULOGIO (Tutorships)
REAL DEUS, JOSE EULOGIO (Tutorships)
Court
REAL DEUS, JOSE EULOGIO (Student’s tutor)
REAL DEUS, JOSE EULOGIO (Student’s tutor)
Analysis of Damno's Aquilian Law
Authorship
S.D.R.C.
Bachelor's Degree in Law
S.D.R.C.
Bachelor's Degree in Law
Defense date
07.18.2024 11:00
07.18.2024 11:00
Summary
In the field of law, relationships between persons give rise to obligations and duties, giving rise to liabilities to repair or satisfy what has been agreed. These liabilities may arise without a prior connection and are divided into contractual and non-contractual. This paper will deal with non-contractual liability, especially in relation to the Aquilian Law. In doing so, we will analyse the original content of the law and its extensions. We intend to understand and study how tort liability arises by examining the texts of the law located in the Digest. The final aim is to differentiate the original content from the later extensions made on the Aquilian law.
In the field of law, relationships between persons give rise to obligations and duties, giving rise to liabilities to repair or satisfy what has been agreed. These liabilities may arise without a prior connection and are divided into contractual and non-contractual. This paper will deal with non-contractual liability, especially in relation to the Aquilian Law. In doing so, we will analyse the original content of the law and its extensions. We intend to understand and study how tort liability arises by examining the texts of the law located in the Digest. The final aim is to differentiate the original content from the later extensions made on the Aquilian law.
Direction
GONZALEZ BUSTELO, ANA MARIA (Tutorships)
GONZALEZ BUSTELO, ANA MARIA (Tutorships)
Court
GONZALEZ BUSTELO, ANA MARIA (Student’s tutor)
GONZALEZ BUSTELO, ANA MARIA (Student’s tutor)
Attacks on the civilian population as war crimes and their impact on the war in Ukraine
Authorship
A.M.G.
Bachelor's Degree in Law
A.M.G.
Bachelor's Degree in Law
Defense date
09.11.2024 13:00
09.11.2024 13:00
Summary
In times of armed conflict, the civilian population is always vulnerable and must be always protected. In practice, however, civilians are often the direct target of attacks. This leads to extremely serious humanitarian and legal consequences, including the commission of war crimes. In this context, the Russian-Ukrainian war has attracted widespread interest in the international community with growing concern over allegations of serious violations of international humanitarian law, and reflecting on the possible commission of such crimes and their impact on the civilian population is a topical and relevant issue. The research is based on an exhaustive documentary review, providing compelling evidence of indiscriminate bombings, targeted attacks on essential civilian infrastructure and the use of prohibited weapons in densely populated areas.
In times of armed conflict, the civilian population is always vulnerable and must be always protected. In practice, however, civilians are often the direct target of attacks. This leads to extremely serious humanitarian and legal consequences, including the commission of war crimes. In this context, the Russian-Ukrainian war has attracted widespread interest in the international community with growing concern over allegations of serious violations of international humanitarian law, and reflecting on the possible commission of such crimes and their impact on the civilian population is a topical and relevant issue. The research is based on an exhaustive documentary review, providing compelling evidence of indiscriminate bombings, targeted attacks on essential civilian infrastructure and the use of prohibited weapons in densely populated areas.
Direction
JORGE URBINA, JULIO (Tutorships)
JORGE URBINA, JULIO (Tutorships)
Court
JORGE URBINA, JULIO (Student’s tutor)
JORGE URBINA, JULIO (Student’s tutor)
The tools of the tax system aimed at achieving a greater degree of voluntary compliance by taxpayers
Authorship
H.A.B.A.
Bachelor's Degree in Law
H.A.B.A.
Bachelor's Degree in Law
Defense date
07.19.2024 11:15
07.19.2024 11:15
Summary
With the arrival of self-assessments in our tax system, the taxpayer begins to have a greater burden on their tax obligations. To prevent this evolution from jeopardizing taxpayer rights, taxpayers must be provided with the necessary resources to voluntarily comply with their tax obligations. The purpose of this work is to explain the need for tools to promote voluntary taxpayer compliance. As well as the analysis of the most relevant ones, explaining what they consist of, what their relationship is with voluntary compliance, if they are really effective, their latest modifications and also includes any new proposals or recommendations to complete that tools. This area is in continuous development because the better and more tools available to taxpayers, the greater their compliance will be, improving the collection of resources for the State and also the relationship between the taxpayer and the Administration, thus allowing the creation of a more efficient and collaborative system.
With the arrival of self-assessments in our tax system, the taxpayer begins to have a greater burden on their tax obligations. To prevent this evolution from jeopardizing taxpayer rights, taxpayers must be provided with the necessary resources to voluntarily comply with their tax obligations. The purpose of this work is to explain the need for tools to promote voluntary taxpayer compliance. As well as the analysis of the most relevant ones, explaining what they consist of, what their relationship is with voluntary compliance, if they are really effective, their latest modifications and also includes any new proposals or recommendations to complete that tools. This area is in continuous development because the better and more tools available to taxpayers, the greater their compliance will be, improving the collection of resources for the State and also the relationship between the taxpayer and the Administration, thus allowing the creation of a more efficient and collaborative system.
Direction
RUIBAL PEREIRA, LUZ MARIA (Tutorships)
RUIBAL PEREIRA, LUZ MARIA (Tutorships)
Court
RUIBAL PEREIRA, LUZ MARIA (Student’s tutor)
RUIBAL PEREIRA, LUZ MARIA (Student’s tutor)
Hate crimes on Social Media: An Analysis of the conflict with freedom of speech
Authorship
V.A.F.
Bachelor's Degree in Law
V.A.F.
Bachelor's Degree in Law
Defense date
09.12.2024 13:30
09.12.2024 13:30
Summary
Social networks have revolutionized the way we communicate, share ideas and connect globally. However, this space for interaction has also given rise to the proliferation of hate speech affecting various vulnerable groups. The increased use of platforms such as Facebook, Twitter and Instagram has created new public spaces where people can freely express their opinions, but also where they can spread messages of hate, racism, xenophobia, homophobia and other forms of discrimination. These discourses not only affect the dignity of the targeted individuals, but can also invite violence and social conflict. The importance of this study lies in the need to find a balance that allows people to express themselves freely without fear of being victims of hate or discrimination while ensuring that measures against hate speech do not become tools of censorship that unduly limit freedom of expression.
Social networks have revolutionized the way we communicate, share ideas and connect globally. However, this space for interaction has also given rise to the proliferation of hate speech affecting various vulnerable groups. The increased use of platforms such as Facebook, Twitter and Instagram has created new public spaces where people can freely express their opinions, but also where they can spread messages of hate, racism, xenophobia, homophobia and other forms of discrimination. These discourses not only affect the dignity of the targeted individuals, but can also invite violence and social conflict. The importance of this study lies in the need to find a balance that allows people to express themselves freely without fear of being victims of hate or discrimination while ensuring that measures against hate speech do not become tools of censorship that unduly limit freedom of expression.
Direction
SANJURJO RIVO, VICENTE ANTONIO (Tutorships)
SANJURJO RIVO, VICENTE ANTONIO (Tutorships)
Court
SANJURJO RIVO, VICENTE ANTONIO (Student’s tutor)
SANJURJO RIVO, VICENTE ANTONIO (Student’s tutor)
The cartels:The great modern enemy of free competition.
Authorship
M.R.R.
Bachelor's Degree in Law
M.R.R.
Bachelor's Degree in Law
Defense date
07.22.2024 11:00
07.22.2024 11:00
Summary
This paper studies cartels as infringements of competition law, which are the most serious of all the existing ones. First of all, we look at collusive conduct in general from a regulatory point of view, regulated in two articles, one in the Community sphere, and the other from the point of view of domestic law, before going on to comment in some depth on each of them. This concludes the introductory section and we will focus on the body of the paper, which relates to cartels. To do so, we begin by developing the concept of cartel and its evolution over the years, addressing the new features introduced by Royal Decree-Law 9/2017, of 26 May, and ending this section with a certainly critical and interpretative view of the aforementioned concept. We will then refer to the elements that make up the cartel, both from a subjective and objective point of view, and we will subsequently analyse an issue of major importance, such as exchanges of information as a cartel, followed by what is known as the umbrella effect. Finally, we end this analysis of cartels and, therefore, this paper, with a return to reality, leaving aside all that is merely conceptual and analysing some of the most important cartel cases from a jurisprudential point of view. To this end, we focus in particular on the case of the car manufacturers' cartel, and comment more briefly on the truck manufacturers' cartel and the paper envelopes cartel.
This paper studies cartels as infringements of competition law, which are the most serious of all the existing ones. First of all, we look at collusive conduct in general from a regulatory point of view, regulated in two articles, one in the Community sphere, and the other from the point of view of domestic law, before going on to comment in some depth on each of them. This concludes the introductory section and we will focus on the body of the paper, which relates to cartels. To do so, we begin by developing the concept of cartel and its evolution over the years, addressing the new features introduced by Royal Decree-Law 9/2017, of 26 May, and ending this section with a certainly critical and interpretative view of the aforementioned concept. We will then refer to the elements that make up the cartel, both from a subjective and objective point of view, and we will subsequently analyse an issue of major importance, such as exchanges of information as a cartel, followed by what is known as the umbrella effect. Finally, we end this analysis of cartels and, therefore, this paper, with a return to reality, leaving aside all that is merely conceptual and analysing some of the most important cartel cases from a jurisprudential point of view. To this end, we focus in particular on the case of the car manufacturers' cartel, and comment more briefly on the truck manufacturers' cartel and the paper envelopes cartel.
Direction
GARCIA VIDAL, ANGEL (Tutorships)
GARCIA VIDAL, ANGEL (Tutorships)
Court
GARCIA VIDAL, ANGEL (Student’s tutor)
GARCIA VIDAL, ANGEL (Student’s tutor)
Activities not allowed in communities of owners under the horizontal property regime
Authorship
L.C.D.
Bachelor's Degree in Law
L.C.D.
Bachelor's Degree in Law
Defense date
07.18.2024 10:00
07.18.2024 10:00
Summary
The aim of this paper is to study the limits and prohibitions faced by the owners or occupants of a private unit under the horizontal property regime in terms of their right to enjoy it. To this end, we will analyse both those contained in the applicable legal regulations, mainly the Horizontal Property Law, and, where appropriate, in the statutory regulations, paying special attention to the most conflictive cases that have reached the courts in recent years. After an introduction on the differences in regime between the common and private elements, the activities that could be prohibited in the statutes of the community will be studied, those that are annoying to the neighbors, those harmful to the property and those that are unhealthy, harmful, dangerous and illegal, delving into the interpretation and application of art. 7. 2nd LPH. Finally, the injunction action that is provided for this type of activity will be discussed, emphasizing active and passive standing, as well as the effects that the judgment may have for those convicted of the acts that are the subject of a judicial pronouncement. It should be noted that, due to the large presence in the courts of neighborhood disputes on these issues, special mention will be made of noise, the tourist use of the private unit, the possession of animals and the change of destination of the private unit. The objective of this Final Degree Project is, therefore, to analyze the limits that the owners or occupants of a dwelling have under the horizontal property regime in the enjoyment of their flat or premises, as well as the protection that the courts offer to those who are victims of one of these activities that disturb the coexistence of the neighbors.
The aim of this paper is to study the limits and prohibitions faced by the owners or occupants of a private unit under the horizontal property regime in terms of their right to enjoy it. To this end, we will analyse both those contained in the applicable legal regulations, mainly the Horizontal Property Law, and, where appropriate, in the statutory regulations, paying special attention to the most conflictive cases that have reached the courts in recent years. After an introduction on the differences in regime between the common and private elements, the activities that could be prohibited in the statutes of the community will be studied, those that are annoying to the neighbors, those harmful to the property and those that are unhealthy, harmful, dangerous and illegal, delving into the interpretation and application of art. 7. 2nd LPH. Finally, the injunction action that is provided for this type of activity will be discussed, emphasizing active and passive standing, as well as the effects that the judgment may have for those convicted of the acts that are the subject of a judicial pronouncement. It should be noted that, due to the large presence in the courts of neighborhood disputes on these issues, special mention will be made of noise, the tourist use of the private unit, the possession of animals and the change of destination of the private unit. The objective of this Final Degree Project is, therefore, to analyze the limits that the owners or occupants of a dwelling have under the horizontal property regime in the enjoyment of their flat or premises, as well as the protection that the courts offer to those who are victims of one of these activities that disturb the coexistence of the neighbors.
Direction
DIAZ MARTINEZ, ANA (Tutorships)
DIAZ MARTINEZ, ANA (Tutorships)
Court
DIAZ MARTINEZ, ANA (Student’s tutor)
DIAZ MARTINEZ, ANA (Student’s tutor)
The judicial argumentation regarding the non-consensive dissemination of intimate images
Authorship
D.R.R.
Bachelor's Degree in Law
D.R.R.
Bachelor's Degree in Law
Defense date
07.18.2024 19:30
07.18.2024 19:30
Summary
In 2015, the Penal Code was reformed to, among other things, classify crimes that were not previously contemplated in the Spanish Penal Code. The novelty in the matter and the difficulty in determining what is considered an attack or violation of privacy in article 197 of the Penal Code creates disparity in the Spanish courts, which is why we will try to analyze it, exposing the arguments jurisprudence of various judicial resolutions. In this work we will try to answer the question of whether the interpretation given by jurisprudence to what is established in article 197.7 of the Spanish Penal Code is adequate. The judicial argument regarding the non-consensual dissemination of intimate images is not very clear regarding the interpretation of said article, giving rise to controversy.
In 2015, the Penal Code was reformed to, among other things, classify crimes that were not previously contemplated in the Spanish Penal Code. The novelty in the matter and the difficulty in determining what is considered an attack or violation of privacy in article 197 of the Penal Code creates disparity in the Spanish courts, which is why we will try to analyze it, exposing the arguments jurisprudence of various judicial resolutions. In this work we will try to answer the question of whether the interpretation given by jurisprudence to what is established in article 197.7 of the Spanish Penal Code is adequate. The judicial argument regarding the non-consensual dissemination of intimate images is not very clear regarding the interpretation of said article, giving rise to controversy.
Direction
Rodríguez-Toubes Muñiz, Joaquín (Tutorships)
Rodríguez-Toubes Muñiz, Joaquín (Tutorships)
Court
Rodríguez-Toubes Muñiz, Joaquín (Student’s tutor)
Rodríguez-Toubes Muñiz, Joaquín (Student’s tutor)
Influence of economic compensation and hospital reputation on the decision-making process among Médico Interno Residente MIR candidates.
Authorship
L.P.A.
Bachelor's Degree in Law
L.P.A.
Bachelor's Degree in Law
Defense date
02.16.2024 17:15
02.16.2024 17:15
Summary
This study explores the field of health economics, specifically evaluating the factors that guide Médico Interno Residente (MIR) candidates in selecting a particular medical speciality or training location. The research begins with and introduction underscoring the importance of healthcare and the varyng demand for distinct medical specialties among students. Additionally, insights into the examination process and subsequent career-shaping choices are provided. The study focuses on two key variables: economic compensation, encompassing the salaries of both residents and specialist doctors, andt the assessment of hospital reputation among Spains´s top-rated hospitals. Through a comprehensive analysis of these factors, the research illustrates thein influence on the candidates´ultimate decisión-making process. This demostrates the critical role these elements play in shaping the preferences of those making crucial career decisión in the medical field.
This study explores the field of health economics, specifically evaluating the factors that guide Médico Interno Residente (MIR) candidates in selecting a particular medical speciality or training location. The research begins with and introduction underscoring the importance of healthcare and the varyng demand for distinct medical specialties among students. Additionally, insights into the examination process and subsequent career-shaping choices are provided. The study focuses on two key variables: economic compensation, encompassing the salaries of both residents and specialist doctors, andt the assessment of hospital reputation among Spains´s top-rated hospitals. Through a comprehensive analysis of these factors, the research illustrates thein influence on the candidates´ultimate decisión-making process. This demostrates the critical role these elements play in shaping the preferences of those making crucial career decisión in the medical field.
Direction
FERREIRO SEOANE, FRANCISCO JESUS (Tutorships)
FERREIRO SEOANE, FRANCISCO JESUS (Tutorships)
Court
FERREIRO SEOANE, FRANCISCO JESUS (Student’s tutor)
FERREIRO SEOANE, FRANCISCO JESUS (Student’s tutor)
Act of unfair imitation. Special attention to the fashion sector
Authorship
L.N.L.
Bachelor's Degree in Law
L.N.L.
Bachelor's Degree in Law
Defense date
07.18.2024 12:00
07.18.2024 12:00
Summary
The purpose of this paper is to analyse the acts of imitation set out in article 11 of the Unfair Competition Law. In this study, special attention has been paid to cases in which the imitation of material creations has affected elements of clothing, as this is a field in which replicas proliferate. To this end, the phenomenon of imitation in a broad sense has been analysed, and why it has been identified as a beneficial phenomenon by the legislator, to the point of having been positivised it in the first section of the article under examination. However, the aforementioned article adds a proviso, which concerns exclusive rights, some of which have been briefly analysed because they are related to the fashion sector. Lastly, the second and third paragraphs of Article 11 indicate four cases in which imitation becomes unfair, either because it is inefficient in the market or because of its pernicious effects on the market. This includes imitation that is capable of generating association, which involves taking undue advantage of the reputation or efforts of others, and the so-called systematic or hindering, whose jurisprudential and doctrinal developments will be developed in this Undergraduate Dissertation.
The purpose of this paper is to analyse the acts of imitation set out in article 11 of the Unfair Competition Law. In this study, special attention has been paid to cases in which the imitation of material creations has affected elements of clothing, as this is a field in which replicas proliferate. To this end, the phenomenon of imitation in a broad sense has been analysed, and why it has been identified as a beneficial phenomenon by the legislator, to the point of having been positivised it in the first section of the article under examination. However, the aforementioned article adds a proviso, which concerns exclusive rights, some of which have been briefly analysed because they are related to the fashion sector. Lastly, the second and third paragraphs of Article 11 indicate four cases in which imitation becomes unfair, either because it is inefficient in the market or because of its pernicious effects on the market. This includes imitation that is capable of generating association, which involves taking undue advantage of the reputation or efforts of others, and the so-called systematic or hindering, whose jurisprudential and doctrinal developments will be developed in this Undergraduate Dissertation.
Direction
MAROÑO GARGALLO, MARIA DEL MAR (Tutorships)
MAROÑO GARGALLO, MARIA DEL MAR (Tutorships)
Court
MAROÑO GARGALLO, MARIA DEL MAR (Student’s tutor)
MAROÑO GARGALLO, MARIA DEL MAR (Student’s tutor)
Incapacity to Succeed after the Reform of Law 8/2021.
Authorship
A.I.F.
Bachelor's Degree in Law
A.I.F.
Bachelor's Degree in Law
Defense date
06.27.2024 13:00
06.27.2024 13:00
Summary
La Ley 8/2021 ha supuesto una reforma muy importante de la legislación civil y procesal para el apoyo a las personas con discapacidad en el ejercicio de su capacidad jurídica. Partiendo de la Convención de las Naciones Unidas sobre los derechos de las personas con discapacidad, esta supone un cambio de paradigma en el tratamiento de la misma, pasando de la restricción, a un sistema de apoyos. En concreto, en el ámbito sucesorio, se reforman, entre otros, los artículos 753 y 756 del CC, siendo más importante la reforma del primero de estos preceptos, dedicado a la incapacidad relativa para suceder; mientras que el segundo se refiere a la incapacidad por causa de indignidad. Por una parte, el artículo 753 establece dos prohibiciones orientadas a la protección de los testadores vulnerables frente a una posible captación de voluntad. La primera de ellas va referida a los curadores representativos, mientras que la segunda inhabilita a los establecimientos en los que se encuentre internado el causante, así como a sus titulares, administradores y empleados. Además, este precepto exige forma notarial abierta para la disposición mortis causa a favor del resto de personas físicas que presten asistencia y cuidado al causante; excluyendo de todas estas restricciones a los parientes con derecho a suceder ab intestato. Por otra parte, el artículo 756 establece dos conductas que, en este ámbito, provocan que el llamado a suceder no pueda heredar respecto de una persona concreta. Es el caso de la remoción de la curatela por causa imputable al curador y, respecto de las personas con discapacidad, la no realización por parte de los individuos con derecho a suceder de las prestaciones debidas de los artículos 142 y 146 del mismo código.
La Ley 8/2021 ha supuesto una reforma muy importante de la legislación civil y procesal para el apoyo a las personas con discapacidad en el ejercicio de su capacidad jurídica. Partiendo de la Convención de las Naciones Unidas sobre los derechos de las personas con discapacidad, esta supone un cambio de paradigma en el tratamiento de la misma, pasando de la restricción, a un sistema de apoyos. En concreto, en el ámbito sucesorio, se reforman, entre otros, los artículos 753 y 756 del CC, siendo más importante la reforma del primero de estos preceptos, dedicado a la incapacidad relativa para suceder; mientras que el segundo se refiere a la incapacidad por causa de indignidad. Por una parte, el artículo 753 establece dos prohibiciones orientadas a la protección de los testadores vulnerables frente a una posible captación de voluntad. La primera de ellas va referida a los curadores representativos, mientras que la segunda inhabilita a los establecimientos en los que se encuentre internado el causante, así como a sus titulares, administradores y empleados. Además, este precepto exige forma notarial abierta para la disposición mortis causa a favor del resto de personas físicas que presten asistencia y cuidado al causante; excluyendo de todas estas restricciones a los parientes con derecho a suceder ab intestato. Por otra parte, el artículo 756 establece dos conductas que, en este ámbito, provocan que el llamado a suceder no pueda heredar respecto de una persona concreta. Es el caso de la remoción de la curatela por causa imputable al curador y, respecto de las personas con discapacidad, la no realización por parte de los individuos con derecho a suceder de las prestaciones debidas de los artículos 142 y 146 del mismo código.
Direction
ESPIN ALBA, ISABEL (Tutorships)
ESPIN ALBA, ISABEL (Tutorships)
Court
ESPIN ALBA, ISABEL (Student’s tutor)
ESPIN ALBA, ISABEL (Student’s tutor)
The international criminal justice system in the face of the war in Ukraine: the role of the International Criminal Court.
Authorship
C.P.R.
Bachelor of Criminology
C.P.R.
Bachelor of Criminology
Defense date
07.18.2024 13:00
07.18.2024 13:00
Summary
In Ukraine, since 2022, a series of acts have been committed that could give rise to serious violations of Human Rights, International Humanitarian Law and, where applicable, if the contextual conditions are met, the international crimes of genocide, crimes against humanity, war crimes and even aggression. Taking into account that neither Ukraine nor Russia has the necessary resources, nor even the political will, to prosecute possible crimes perpetrated by Putin in their national courts, the possibility arises that, in application of the principle of complementarity, the Criminal Court International prosecute these international crimes. In this sense we will study the issues of jurisdiction of the Court, both in the material, territorial and temporal spheres. Given the possibility that said court cannot prosecute crimes, in this work we propose two possible solutions. On the one hand, prosecute crimes in national courts of third states, in application of the principle of universal jurisdiction. On the other hand, constitute an ad hoc court to prosecute these crimes. In the event that none of these persecution strategies could be feasible, we also raise the possibility so that the crimes do not go unpunished and the victims can obtain justice, truth and reparation, approaching a transitional justice strategy, in which they would put in value mechanisms such as truth commissions, certain persecution strategies or even reparations programs, in order to make effective the rights to justice, truth and reparation, which assist the victims of the crimes perpetrated by Putin in Ukraine. For this, we leave aside a merely retributive justice model, and move towards a restorative justice model, focusing on the victims.
In Ukraine, since 2022, a series of acts have been committed that could give rise to serious violations of Human Rights, International Humanitarian Law and, where applicable, if the contextual conditions are met, the international crimes of genocide, crimes against humanity, war crimes and even aggression. Taking into account that neither Ukraine nor Russia has the necessary resources, nor even the political will, to prosecute possible crimes perpetrated by Putin in their national courts, the possibility arises that, in application of the principle of complementarity, the Criminal Court International prosecute these international crimes. In this sense we will study the issues of jurisdiction of the Court, both in the material, territorial and temporal spheres. Given the possibility that said court cannot prosecute crimes, in this work we propose two possible solutions. On the one hand, prosecute crimes in national courts of third states, in application of the principle of universal jurisdiction. On the other hand, constitute an ad hoc court to prosecute these crimes. In the event that none of these persecution strategies could be feasible, we also raise the possibility so that the crimes do not go unpunished and the victims can obtain justice, truth and reparation, approaching a transitional justice strategy, in which they would put in value mechanisms such as truth commissions, certain persecution strategies or even reparations programs, in order to make effective the rights to justice, truth and reparation, which assist the victims of the crimes perpetrated by Putin in Ukraine. For this, we leave aside a merely retributive justice model, and move towards a restorative justice model, focusing on the victims.
Direction
MONTERO FERRER, CARMEN (Tutorships)
MONTERO FERRER, CARMEN (Tutorships)
Court
MONTERO FERRER, CARMEN (Student’s tutor)
MONTERO FERRER, CARMEN (Student’s tutor)
Assessment of the comprehensive protection measures against gender violence.
Authorship
D.M.V.D.S.
Bachelor of Criminology
D.M.V.D.S.
Bachelor of Criminology
Defense date
07.02.2024 12:00
07.02.2024 12:00
Summary
Gender-based violence (GBV) is a very complex and imprecise phenomenon. Consequently, the regulations created to combat this violence are also numerous. Thus, there are as well varied protective measures established as to mitigate the impact of GBV on the lives of victims. However, regulations alone by themselves cannot achieve the changes that they seek, but the decisive element will fall on the way they are implemented, which will be decisive in achieving the objectives of the legislation. The following paper consists on the analysis of the evaluations made by the GBV victims on the protective orders issued in their favour, of the police assessment of the risk that is posed to them, and of the conduct of some of the personnel involved in these procedures. The purpose is to determine whether the aim of guaranteeing the safety of the victims is fulfilled, taking into account the feelings that they themselves transmit. To conclude, a section is included on the critics regarding the conception of safety from the victims of gender-based violence.
Gender-based violence (GBV) is a very complex and imprecise phenomenon. Consequently, the regulations created to combat this violence are also numerous. Thus, there are as well varied protective measures established as to mitigate the impact of GBV on the lives of victims. However, regulations alone by themselves cannot achieve the changes that they seek, but the decisive element will fall on the way they are implemented, which will be decisive in achieving the objectives of the legislation. The following paper consists on the analysis of the evaluations made by the GBV victims on the protective orders issued in their favour, of the police assessment of the risk that is posed to them, and of the conduct of some of the personnel involved in these procedures. The purpose is to determine whether the aim of guaranteeing the safety of the victims is fulfilled, taking into account the feelings that they themselves transmit. To conclude, a section is included on the critics regarding the conception of safety from the victims of gender-based violence.
Direction
PEREZ RIVAS, NATALIA (Tutorships)
PEREZ RIVAS, NATALIA (Tutorships)
Court
PEREZ RIVAS, NATALIA (Student’s tutor)
PEREZ RIVAS, NATALIA (Student’s tutor)
The causes of disinheritance: special reference to abuse
Authorship
A.F.C.
Bachelor's Degree in Law
A.F.C.
Bachelor's Degree in Law
Defense date
07.18.2024 13:00
07.18.2024 13:00
Summary
In the present work, a study is carried out on the institution of disinheritance and its causes. It also analyzes the jurisprudential shift of the Supreme Court in the interpretation of article 853.2 of the Civil Code, which includes mistreatment as a cause for disinheritance. Psychological abuse has been recognized as a reason for depriving the forced heir of their inheritance in the STS of June 3, 2014, and the STS of January 30, 2015. This has led to a more flexible interpretation of the causes of disinheritance in accordance with the new social reality.
In the present work, a study is carried out on the institution of disinheritance and its causes. It also analyzes the jurisprudential shift of the Supreme Court in the interpretation of article 853.2 of the Civil Code, which includes mistreatment as a cause for disinheritance. Psychological abuse has been recognized as a reason for depriving the forced heir of their inheritance in the STS of June 3, 2014, and the STS of January 30, 2015. This has led to a more flexible interpretation of the causes of disinheritance in accordance with the new social reality.
Direction
IGLESIAS REDONDO, JULIO IGNACIO (Tutorships)
IGLESIAS REDONDO, JULIO IGNACIO (Tutorships)
Court
IGLESIAS REDONDO, JULIO IGNACIO (Student’s tutor)
IGLESIAS REDONDO, JULIO IGNACIO (Student’s tutor)
Relationship between pornography and sexual assault
Authorship
S.R.A.
Bachelor of Criminology
S.R.A.
Bachelor of Criminology
Defense date
07.02.2024 15:15
07.02.2024 15:15
Summary
The present thesis explores the relationship between pornography consumption and sexual assaults. In addition, both factors will be explored in depth, seeking to understand how pornographic content can influence the individual and the relationship that exists with the commission of sexual assaults. The feminist currents that studied this topic will be studied: anti-porn feminism and pro-sex feminism. Analyzing both aspects from a criminological point of view. Sexual education will also be addressed as a solution to this problem and the role of consent as a fundamental element.
The present thesis explores the relationship between pornography consumption and sexual assaults. In addition, both factors will be explored in depth, seeking to understand how pornographic content can influence the individual and the relationship that exists with the commission of sexual assaults. The feminist currents that studied this topic will be studied: anti-porn feminism and pro-sex feminism. Analyzing both aspects from a criminological point of view. Sexual education will also be addressed as a solution to this problem and the role of consent as a fundamental element.
Direction
Sobral Fernández, Jorge (Tutorships)
Sobral Fernández, Jorge (Tutorships)
Court
Sobral Fernández, Jorge (Student’s tutor)
Sobral Fernández, Jorge (Student’s tutor)
Implications of genetic analysis for the prediction of biogeographic origin and physical characteristics for Criminology. Current regulation and ethical assessment.
Authorship
M.L.C.
Bachelor of Criminology
M.L.C.
Bachelor of Criminology
Defense date
07.01.2024 10:00
07.01.2024 10:00
Summary
Most of our genetic material is common to all humans, but there are small regions of the genome, corresponding to STRs, that accumulate a great variability in size between individuals. These markers that are selected for analysis are highly polymorphic, that is, they present different alleles in different individuals. By analysing a large set of these loci, scattered throughout the genome, we can uniquely identify each person (except for single-legged twins). This work will also explain the markers that allow predicting the biogeographic origin of a DNA donor, thanks to population genetics. In some cases, knowing a person’s biogeographic origin can help predict what they are like physically, although it does not always correspond. On the other hand, SNPs are another type of genetic markers that can be very useful in the field of Forensic Genetics. They are the main polymorphisms in the stud of physical characteristics in different human populations, as they mark chromosomal locations that may be related to certain phenotypes, as well as to some diseases. Specifically, we will deal with the phenotypic characteristics of eye, hair and skin coloration, as they are the most studied currently and the ones that offer very relevant information if we use them in the context of Criminalistics. They do not identify individuals, but they do help guide an investigation. Although most physical characteristics are influenced by the environment and genetics, and it is usually unknown in what proportion they do so; many studies reveal genetic patterns interesting to the field of Forensic Genetics and Criminology. Finally, a review Will be made from the ethical and legal prism of all these contributions of Forensic Genetics and their implications with Criminology will be discussed.
Most of our genetic material is common to all humans, but there are small regions of the genome, corresponding to STRs, that accumulate a great variability in size between individuals. These markers that are selected for analysis are highly polymorphic, that is, they present different alleles in different individuals. By analysing a large set of these loci, scattered throughout the genome, we can uniquely identify each person (except for single-legged twins). This work will also explain the markers that allow predicting the biogeographic origin of a DNA donor, thanks to population genetics. In some cases, knowing a person’s biogeographic origin can help predict what they are like physically, although it does not always correspond. On the other hand, SNPs are another type of genetic markers that can be very useful in the field of Forensic Genetics. They are the main polymorphisms in the stud of physical characteristics in different human populations, as they mark chromosomal locations that may be related to certain phenotypes, as well as to some diseases. Specifically, we will deal with the phenotypic characteristics of eye, hair and skin coloration, as they are the most studied currently and the ones that offer very relevant information if we use them in the context of Criminalistics. They do not identify individuals, but they do help guide an investigation. Although most physical characteristics are influenced by the environment and genetics, and it is usually unknown in what proportion they do so; many studies reveal genetic patterns interesting to the field of Forensic Genetics and Criminology. Finally, a review Will be made from the ethical and legal prism of all these contributions of Forensic Genetics and their implications with Criminology will be discussed.
Direction
CARRACEDO ALVAREZ, ANGEL MARIA (Tutorships)
MOSQUERA MIGUEL, ANA (Co-tutorships)
CARRACEDO ALVAREZ, ANGEL MARIA (Tutorships)
MOSQUERA MIGUEL, ANA (Co-tutorships)
Court
CARRACEDO ALVAREZ, ANGEL MARIA (Student’s tutor)
MOSQUERA MIGUEL, ANA (Student’s tutor)
CARRACEDO ALVAREZ, ANGEL MARIA (Student’s tutor)
MOSQUERA MIGUEL, ANA (Student’s tutor)
Usefulness of the PAI for the detection of malingering psychological injury in cases of sexual assault
Authorship
I.D.G.
Bachelor of Criminology
I.D.G.
Bachelor of Criminology
Defense date
07.02.2024 09:00
07.02.2024 09:00
Summary
Sexual violence is a public health problem that has been present throughout the human history and that, even today, causes great social alarm due to its prevalence. After a review of the literature and the characteristics of its forensic assessment, an empirical study is presented to determine the usefulness of the Personality Assessment Inventory (PAI) for the forensic psychological assessment of cases of sexual aggression, specifically rape, in women of legal age (N= 31). A malingering design was used in which the participants (who must not have been victims of rape) were asked to malinger the psychological injury that a real victim would present, obtaining that: a) the study sample was able to malinger the psychological injury of sexual violence; b) to achieve a successful malingering, the participants used indiscriminant symptom endorsement and symptom severity strategies; c) the isolated use of the scale and the malingering indices analyzed (IMN, SIM and FDR) is not admissible for forensic practice. It is unavoidable to resort to multi-method and multi-measurement techniques.
Sexual violence is a public health problem that has been present throughout the human history and that, even today, causes great social alarm due to its prevalence. After a review of the literature and the characteristics of its forensic assessment, an empirical study is presented to determine the usefulness of the Personality Assessment Inventory (PAI) for the forensic psychological assessment of cases of sexual aggression, specifically rape, in women of legal age (N= 31). A malingering design was used in which the participants (who must not have been victims of rape) were asked to malinger the psychological injury that a real victim would present, obtaining that: a) the study sample was able to malinger the psychological injury of sexual violence; b) to achieve a successful malingering, the participants used indiscriminant symptom endorsement and symptom severity strategies; c) the isolated use of the scale and the malingering indices analyzed (IMN, SIM and FDR) is not admissible for forensic practice. It is unavoidable to resort to multi-method and multi-measurement techniques.
Direction
Novo Pérez, Mercedes (Tutorships)
Novo Pérez, Mercedes (Tutorships)
Court
Sobral Fernández, Jorge (Chairman)
VILARIÑO VAZQUEZ, MANUEL (Secretary)
Novo Pérez, Mercedes (Member)
Sobral Fernández, Jorge (Chairman)
VILARIÑO VAZQUEZ, MANUEL (Secretary)
Novo Pérez, Mercedes (Member)
Genetic Genealogy: Case Review
Authorship
E.F.R.
Bachelor of Criminology
E.F.R.
Bachelor of Criminology
Defense date
07.18.2024 18:00
07.18.2024 18:00
Summary
Genetic genealogy is establishing itself as a decisive new police and judicial investigative technique to solve those criminal cases that had dismayed the public, but had been cold for decades. Beginning as a last-ditch approach to try to ascertain the identity of the Golden State Killer in 2018, more and more criminals are now being brought to trial by direct genetic testing performed after a partial match in DTC company databases. In this review, we will recount some of the crimes in which genetic genealogy has been instrumental in finding the perpetrator and ending lengthy investigations.
Genetic genealogy is establishing itself as a decisive new police and judicial investigative technique to solve those criminal cases that had dismayed the public, but had been cold for decades. Beginning as a last-ditch approach to try to ascertain the identity of the Golden State Killer in 2018, more and more criminals are now being brought to trial by direct genetic testing performed after a partial match in DTC company databases. In this review, we will recount some of the crimes in which genetic genealogy has been instrumental in finding the perpetrator and ending lengthy investigations.
Direction
SALAS ELLACURIAGA, ANTONIO (Tutorships)
SALAS ELLACURIAGA, ANTONIO (Tutorships)
Court
SALAS ELLACURIAGA, ANTONIO (Student’s tutor)
SALAS ELLACURIAGA, ANTONIO (Student’s tutor)
Economic crimes at the sea
Authorship
R.J.G.P.
Bachelor's Degree in Criminology
R.J.G.P.
Bachelor's Degree in Criminology
Defense date
09.11.2024 17:00
09.11.2024 17:00
Summary
We can see the sea as a source of immeasurable wealth, with all the capacity it has to provide resources that help society to advance. But we also have to take into account that these resources are not infinite, because of this and because of all the countries that are active in the ocean, there have to be laws that regulate the quantity and circumstances of these resources. This is where economic activity makes its presence felt, as the ocean is not only a source of life, but also a source of economic activity for enrichment; because of this, everything that can generate profit and at the same time is regulated generates a series of criminal activities on the opposite side, aimed at bypassing ethics, laws and even human rights; only looking for the greatest profit at any price. Economic crimes committed at sea have a wide variety, from illegal or unregulated fishing to illegal immigration and human trafficking, or using the sea as a means to carry out other crimes that affect society and its resources, such as smuggling or drug trafficking. Given the amount of crimes that are committed in the ocean, it is normal that there are tools used by states to protect both individual and collective interests generated by associations, whether to seek to obtain resources or to protect them. In this aspect, we can observe the use of entities such as the Navy, the Guardia Civil and other international organisations such as Interpol and the United Nations, which, directing their activity both individually and jointly, fight against crime and seek to dissuade any criminal activity.
We can see the sea as a source of immeasurable wealth, with all the capacity it has to provide resources that help society to advance. But we also have to take into account that these resources are not infinite, because of this and because of all the countries that are active in the ocean, there have to be laws that regulate the quantity and circumstances of these resources. This is where economic activity makes its presence felt, as the ocean is not only a source of life, but also a source of economic activity for enrichment; because of this, everything that can generate profit and at the same time is regulated generates a series of criminal activities on the opposite side, aimed at bypassing ethics, laws and even human rights; only looking for the greatest profit at any price. Economic crimes committed at sea have a wide variety, from illegal or unregulated fishing to illegal immigration and human trafficking, or using the sea as a means to carry out other crimes that affect society and its resources, such as smuggling or drug trafficking. Given the amount of crimes that are committed in the ocean, it is normal that there are tools used by states to protect both individual and collective interests generated by associations, whether to seek to obtain resources or to protect them. In this aspect, we can observe the use of entities such as the Navy, the Guardia Civil and other international organisations such as Interpol and the United Nations, which, directing their activity both individually and jointly, fight against crime and seek to dissuade any criminal activity.
Direction
VAZQUEZ-PORTOMEÑE SEIJAS, FERNANDO ANTONIO (Tutorships)
VAZQUEZ-PORTOMEÑE SEIJAS, FERNANDO ANTONIO (Tutorships)
Court
VAZQUEZ-PORTOMEÑE SEIJAS, FERNANDO ANTONIO (Student’s tutor)
VAZQUEZ-PORTOMEÑE SEIJAS, FERNANDO ANTONIO (Student’s tutor)
The origin of the Autonomous State
Authorship
J.V.G.
Bachelor's Degree in Law
J.V.G.
Bachelor's Degree in Law
Defense date
07.18.2024 18:00
07.18.2024 18:00
Summary
The main purpose of this work is to analyse the birth of the Autonomous State in Spain, because of the very broad consensus that was achieved during the years of the Transition between political parties with very different ideologies. In this way, in the face of the historical fact of the trágala -when you accept something whether you like it or not, characteristic in Spanish constitutional history-, with the arrival of the end of Franco´s regime, which had configured Spain as one of the most centralized states in Europe at the end of the seventies, different voices from different areas began to resonate within that State, that was going to begin to fight, from within its own institutions, for the creation of a political and territorial model completely different from the one that existed until that moment. Therefore, it was concluded that only with consensus was it possible to lay the foundations of a solid State, away from the political -and military- difficulties to which, unfortunately, it had already been accustomed for centuries. In this way, with consensus, a Constitution would be drawn up that would recognize the differential fact of certain regions of Spain, at first; although it is true that, finally, the Constitution would open the way to the autonomy of more regions that, historically, did not enjoy the differential fact that some advocated.
The main purpose of this work is to analyse the birth of the Autonomous State in Spain, because of the very broad consensus that was achieved during the years of the Transition between political parties with very different ideologies. In this way, in the face of the historical fact of the trágala -when you accept something whether you like it or not, characteristic in Spanish constitutional history-, with the arrival of the end of Franco´s regime, which had configured Spain as one of the most centralized states in Europe at the end of the seventies, different voices from different areas began to resonate within that State, that was going to begin to fight, from within its own institutions, for the creation of a political and territorial model completely different from the one that existed until that moment. Therefore, it was concluded that only with consensus was it possible to lay the foundations of a solid State, away from the political -and military- difficulties to which, unfortunately, it had already been accustomed for centuries. In this way, with consensus, a Constitution would be drawn up that would recognize the differential fact of certain regions of Spain, at first; although it is true that, finally, the Constitution would open the way to the autonomy of more regions that, historically, did not enjoy the differential fact that some advocated.
Direction
BLANCO VALDES, ROBERTO LUIS (Tutorships)
BLANCO VALDES, ROBERTO LUIS (Tutorships)
Court
BLANCO VALDES, ROBERTO LUIS (Student’s tutor)
BLANCO VALDES, ROBERTO LUIS (Student’s tutor)
COVID-19 consequences in contract law matters.
Authorship
A.D.S.M.
Bachelor's Degree in Law
A.D.S.M.
Bachelor's Degree in Law
Defense date
02.16.2024 16:30
02.16.2024 16:30
Summary
To talk about the rebus sic stantibus clause is to talk about a period of crisis, it is in these situations that the clause becomes important and, what period of crisis could we talk about in this century if not the pandemic caused by COVID-19? This work takes advantage of the commotion and activity, both doctrinal and legislative, around the rebus to remember its history and study how far it has been used in the emergency legislator's measures.
To talk about the rebus sic stantibus clause is to talk about a period of crisis, it is in these situations that the clause becomes important and, what period of crisis could we talk about in this century if not the pandemic caused by COVID-19? This work takes advantage of the commotion and activity, both doctrinal and legislative, around the rebus to remember its history and study how far it has been used in the emergency legislator's measures.
Direction
IGLESIAS REDONDO, JULIO IGNACIO (Tutorships)
IGLESIAS REDONDO, JULIO IGNACIO (Tutorships)
Court
IGLESIAS REDONDO, JULIO IGNACIO (Student’s tutor)
IGLESIAS REDONDO, JULIO IGNACIO (Student’s tutor)
The three-dimensional trademarks and absolute grounds for refusal: the shapes which are necessary to obtein a technical result and give substantial value.
Authorship
E.J.C.M.
Bachelor's Degree in Law
E.J.C.M.
Bachelor's Degree in Law
Defense date
07.02.2024 12:30
07.02.2024 12:30
Summary
In a free market system such as the one existing in Spain and the European Union, it is important for companies to be able to distinguish their products, for which they have the exclusive right of the trademark. The trademark can be constituted by three-dimensional shapes, which we will deal with in this work. These three-dimensional shape trademarks will be those consisting of the shape that provides a technical result, and those consisting of the shape that gives a substantial value. We will analyze the aforementioned prohibitions according to the current European Union and national legislation, relying on the European Union Jurisprudence that has elucidated this issue over the years. With this, we will try to explain the interpretation of different expressions such as substantial value, essential characteristics or technical result.
In a free market system such as the one existing in Spain and the European Union, it is important for companies to be able to distinguish their products, for which they have the exclusive right of the trademark. The trademark can be constituted by three-dimensional shapes, which we will deal with in this work. These three-dimensional shape trademarks will be those consisting of the shape that provides a technical result, and those consisting of the shape that gives a substantial value. We will analyze the aforementioned prohibitions according to the current European Union and national legislation, relying on the European Union Jurisprudence that has elucidated this issue over the years. With this, we will try to explain the interpretation of different expressions such as substantial value, essential characteristics or technical result.
Direction
MAROÑO GARGALLO, MARIA DEL MAR (Tutorships)
MAROÑO GARGALLO, MARIA DEL MAR (Tutorships)
Court
MAROÑO GARGALLO, MARIA DEL MAR (Student’s tutor)
MAROÑO GARGALLO, MARIA DEL MAR (Student’s tutor)
Criminal mediation in the LECrim Preliminary Draft of 2020
Authorship
M.C.D.
Bachelor's Degree in Law
M.C.D.
Bachelor's Degree in Law
Defense date
06.27.2024 11:00
06.27.2024 11:00
Summary
Criminal mediation is one of the alternative methods of conflict resolution included in the restorative justice. Despite the lack of a law in our legal system, there are several positions for the necessity of its inclusion. This is because the current traditional criminal justice system in our country appears to be insufficient to meet the needs of victims and convicts. In our Procedural Law, this idea of restorative justice has been mentioned on several occasions, as occurs in the proposals to reform the Criminal Procedure Law of 2011 and 2013. However, it is not until the LECrim Preliminary Draft of 2020 that the legislator expresses himself about its real inclusion in our Law. In this work we are going to focus on the development of criminal mediation to subsequently, analyze its situation in the new 2020 Preliminary Draft in which the legislator intends to include it as an alternative to our ordinary criminal procedure. The intention is to direct the process to the reeducation and resocialization of the perpetrator and to the reparation of the victim.
Criminal mediation is one of the alternative methods of conflict resolution included in the restorative justice. Despite the lack of a law in our legal system, there are several positions for the necessity of its inclusion. This is because the current traditional criminal justice system in our country appears to be insufficient to meet the needs of victims and convicts. In our Procedural Law, this idea of restorative justice has been mentioned on several occasions, as occurs in the proposals to reform the Criminal Procedure Law of 2011 and 2013. However, it is not until the LECrim Preliminary Draft of 2020 that the legislator expresses himself about its real inclusion in our Law. In this work we are going to focus on the development of criminal mediation to subsequently, analyze its situation in the new 2020 Preliminary Draft in which the legislator intends to include it as an alternative to our ordinary criminal procedure. The intention is to direct the process to the reeducation and resocialization of the perpetrator and to the reparation of the victim.
Direction
Varela Gomez, Bernardino (Tutorships)
Varela Gomez, Bernardino (Tutorships)
Court
Varela Gomez, Bernardino (Student’s tutor)
Varela Gomez, Bernardino (Student’s tutor)
Undergraduate dissertation
Authorship
X.E.E.
Bachelor's Degree in Law
X.E.E.
Bachelor's Degree in Law
Defense date
07.18.2024 10:30
07.18.2024 10:30
Summary
El presente trabajo estudia las distintas fuentes el derecho romano que generan una obligación. Primero, se aborda el concepto de “obligatio”, la relación entre un acreedor que puede exigir y un deudor que debe cumplir. Para que el acreedor pueda exigir, necesita una acción personal y ganar el juicio para que el deudor sea condenado. Tras definir las características de las obligaciones, se analizan sus fuentes, revisando diversas clasificaciones históricas del Derecho Romano. La primera clasificación, de la Jurisprudencia clásica, se enfoca en la acción personal del acreedor contra el deudor. Esta clasificación fue modificada significativamente por Gayo, que realizaría dos clasificaciones: una en sus Instituciones y otra en la Res Cottidianae. Finalmente, se estudia la clasificación de las Instituciones de Justiniano, basada en las de Gayo pero con ciertas novedades. El trabajo concluye con aclaraciones derivadas del estudio de estas clasificaciones, junto con una bibliografía y textos relacionados.
El presente trabajo estudia las distintas fuentes el derecho romano que generan una obligación. Primero, se aborda el concepto de “obligatio”, la relación entre un acreedor que puede exigir y un deudor que debe cumplir. Para que el acreedor pueda exigir, necesita una acción personal y ganar el juicio para que el deudor sea condenado. Tras definir las características de las obligaciones, se analizan sus fuentes, revisando diversas clasificaciones históricas del Derecho Romano. La primera clasificación, de la Jurisprudencia clásica, se enfoca en la acción personal del acreedor contra el deudor. Esta clasificación fue modificada significativamente por Gayo, que realizaría dos clasificaciones: una en sus Instituciones y otra en la Res Cottidianae. Finalmente, se estudia la clasificación de las Instituciones de Justiniano, basada en las de Gayo pero con ciertas novedades. El trabajo concluye con aclaraciones derivadas del estudio de estas clasificaciones, junto con una bibliografía y textos relacionados.
Direction
GONZALEZ BUSTELO, ANA MARIA (Tutorships)
GONZALEZ BUSTELO, ANA MARIA (Tutorships)
Court
GONZALEZ BUSTELO, ANA MARIA (Student’s tutor)
GONZALEZ BUSTELO, ANA MARIA (Student’s tutor)
Environmental crime: a criminal law and socio-economic perspective
Authorship
J.D.S.
Bachelor's Degree in Criminology
J.D.S.
Bachelor's Degree in Criminology
Defense date
06.27.2024 11:00
06.27.2024 11:00
Summary
The aim of this work is to analyse the crimes against the environment included in Chapters III, IV and V of Title XVI and Title XVI bis from Book II of the Organic Law, of 23 November, of the Criminal Code. After a comment on the common provisions and the protected legal interest, the different criminal modalities of offences against the environment and natural resources are dealt with in Chapter III; offences relating to the protection of flora and fauna in Chapter IV; common provisions in Chapter V; and offences against the animals in Title XVI bis. The different elements that make up each of the different criminal behaviours that give it meaning and, subsequently, the marriage between the criminal and the socioeconomic occurs, consecrated in the polluter pays principle and its application; as well as the explanation of a series of both criminal and non-criminal actions carried out by companies that have caused significant damage to the environment and other important elements in the framework of environmental protection.
The aim of this work is to analyse the crimes against the environment included in Chapters III, IV and V of Title XVI and Title XVI bis from Book II of the Organic Law, of 23 November, of the Criminal Code. After a comment on the common provisions and the protected legal interest, the different criminal modalities of offences against the environment and natural resources are dealt with in Chapter III; offences relating to the protection of flora and fauna in Chapter IV; common provisions in Chapter V; and offences against the animals in Title XVI bis. The different elements that make up each of the different criminal behaviours that give it meaning and, subsequently, the marriage between the criminal and the socioeconomic occurs, consecrated in the polluter pays principle and its application; as well as the explanation of a series of both criminal and non-criminal actions carried out by companies that have caused significant damage to the environment and other important elements in the framework of environmental protection.
Direction
REGUEIRO FERREIRA, ROSA MARIA (Tutorships)
REGUEIRO FERREIRA, ROSA MARIA (Tutorships)
Court
REGUEIRO FERREIRA, ROSA MARIA (Student’s tutor)
REGUEIRO FERREIRA, ROSA MARIA (Student’s tutor)
Surreptitious advertising by influencers.
Authorship
S.I.E.
Bachelor's Degree in Law
S.I.E.
Bachelor's Degree in Law
Defense date
07.22.2024 11:30
07.22.2024 11:30
Summary
Advertising is profoundly transforming to adapt to an increasingly digital and connected world. The figure of the influencer has burst onto the scene, challenging conventional models and creating new ways of communicating persuasively. It is a constantly changing scenario that requires brands and influencers to adapt to trends and assume the irresponsible role in this new advertising ecosystem.The advertising industry has undergone a significant change. Social networks such as Instagram, TikTok or YouTube have surpassed television as the main means of disseminating commercial messages. Influencers have emerged as essential figures in this new context. Due to the number of followers they have and the strong connection with their audience, they have ended up becoming benchmarks of opinion and lifestyle. In order to connect with their potential consumers, brands perfect a contract with influencers. In this way, companies achieve a more real and effective connection. Creativity, naturalness and the ability to engage with the audience are characteristics of advertising carried out through influencers. However, this new model of advertising through social networks and, more specifically, through influencers, has some shortcomings such as the lack of detailed regulation, the use of surreptitious or misleading advertising or the lack of transparency that undermines the principle of authenticity that should govern all types of advertising. These aspects are the ones that, at present, present the greatest conflict and therefore, are the object of study in this work.
Advertising is profoundly transforming to adapt to an increasingly digital and connected world. The figure of the influencer has burst onto the scene, challenging conventional models and creating new ways of communicating persuasively. It is a constantly changing scenario that requires brands and influencers to adapt to trends and assume the irresponsible role in this new advertising ecosystem.The advertising industry has undergone a significant change. Social networks such as Instagram, TikTok or YouTube have surpassed television as the main means of disseminating commercial messages. Influencers have emerged as essential figures in this new context. Due to the number of followers they have and the strong connection with their audience, they have ended up becoming benchmarks of opinion and lifestyle. In order to connect with their potential consumers, brands perfect a contract with influencers. In this way, companies achieve a more real and effective connection. Creativity, naturalness and the ability to engage with the audience are characteristics of advertising carried out through influencers. However, this new model of advertising through social networks and, more specifically, through influencers, has some shortcomings such as the lack of detailed regulation, the use of surreptitious or misleading advertising or the lack of transparency that undermines the principle of authenticity that should govern all types of advertising. These aspects are the ones that, at present, present the greatest conflict and therefore, are the object of study in this work.
Direction
FRAMIÑAN SANTAS, FRANCISCO JAVIER (Tutorships)
FRAMIÑAN SANTAS, FRANCISCO JAVIER (Tutorships)
Court
FRAMIÑAN SANTAS, FRANCISCO JAVIER (Student’s tutor)
FRAMIÑAN SANTAS, FRANCISCO JAVIER (Student’s tutor)
The PSOE and Junts pact: an amnesty law
Authorship
A.A.O.
Bachelor's Degree in Law
A.A.O.
Bachelor's Degree in Law
Defense date
07.02.2024 12:00
07.02.2024 12:00
Summary
The purpose of this work is to carry out an analysis of the investiture agreement of the PSOE and Junts and more specifically on whether or not the Amnesty Law recently approved in the Congress of Deputies is constitutional. Consequently, it will be assessed whether it complies with the fundamental principles set out in Title I of the Spanish Constitution of 1978, as well as a brief analysis of what is established in article 62. i) of the Constitution, in which includes the grace measures that are accepted by our Legal System. In addition, the main modifications that the Law underwent from its proposal until its approval on May 30, 2024 will be analyzed, as well as what the Supreme Court establishes on the crime of embezzlement will also be included. Likewise, an investigation will be carried out on the opinion prepared by the Venice Commission, in the same way that what is established by the jurisprudence of the European Union on amnesty and what are the mechanisms that the Union itself adopts to protect the State of Right.
The purpose of this work is to carry out an analysis of the investiture agreement of the PSOE and Junts and more specifically on whether or not the Amnesty Law recently approved in the Congress of Deputies is constitutional. Consequently, it will be assessed whether it complies with the fundamental principles set out in Title I of the Spanish Constitution of 1978, as well as a brief analysis of what is established in article 62. i) of the Constitution, in which includes the grace measures that are accepted by our Legal System. In addition, the main modifications that the Law underwent from its proposal until its approval on May 30, 2024 will be analyzed, as well as what the Supreme Court establishes on the crime of embezzlement will also be included. Likewise, an investigation will be carried out on the opinion prepared by the Venice Commission, in the same way that what is established by the jurisprudence of the European Union on amnesty and what are the mechanisms that the Union itself adopts to protect the State of Right.
Direction
FERNANDEZ RODRIGUEZ, JOSE JULIO (Tutorships)
FERNANDEZ RODRIGUEZ, JOSE JULIO (Tutorships)
Court
FERNANDEZ RODRIGUEZ, JOSE JULIO (Student’s tutor)
FERNANDEZ RODRIGUEZ, JOSE JULIO (Student’s tutor)
The analysis of the figure of the Senate in Federal States
Authorship
M.B.B.
Bachelor's Degree in Law
M.B.B.
Bachelor's Degree in Law
Defense date
07.18.2024 18:20
07.18.2024 18:20
Summary
The origin, evolution and current structure of various senates existing in some of the most prominent federal systems in Europe and America will be analysed in different national contexts thorugh a comparative study. The origin of the Senate dates back to the House of Lords in the United Kingdom, but it was not until the approval of the United States Constitution in 1787 that the federal senate emerged. In the American federal system, the Senate was designed to equitably represent states, regardless of their size or population, thus ensuring a balance of power between the states and the central government. Consequently, the second chamber is now considered essential for the representation and defense of territorial interests. The objective of this work is to examine whether senates can be considered genuine chambers of territorial representation, assessing whether they effectively fulfill their role in defending and representing territorial interests within their respective political systems.
The origin, evolution and current structure of various senates existing in some of the most prominent federal systems in Europe and America will be analysed in different national contexts thorugh a comparative study. The origin of the Senate dates back to the House of Lords in the United Kingdom, but it was not until the approval of the United States Constitution in 1787 that the federal senate emerged. In the American federal system, the Senate was designed to equitably represent states, regardless of their size or population, thus ensuring a balance of power between the states and the central government. Consequently, the second chamber is now considered essential for the representation and defense of territorial interests. The objective of this work is to examine whether senates can be considered genuine chambers of territorial representation, assessing whether they effectively fulfill their role in defending and representing territorial interests within their respective political systems.
Direction
BLANCO VALDES, ROBERTO LUIS (Tutorships)
BLANCO VALDES, ROBERTO LUIS (Tutorships)
Court
BLANCO VALDES, ROBERTO LUIS (Student’s tutor)
BLANCO VALDES, ROBERTO LUIS (Student’s tutor)
Free justice at trial
Authorship
N.F.L.
Bachelor's Degree in Law
N.F.L.
Bachelor's Degree in Law
Defense date
09.11.2024 12:00
09.11.2024 12:00
Summary
The art. 119 CE guarantees the right to free justice, ensuring that all people can access the courts and see their rights defended regardless of their financial resources. The Law 1/1996, of January 10, on free legal assistance, a rule that gives legal configuration to this right, was a novelty at the time. Even so, at present, it has become obsolete and needs to be adapted to current needs. This work will analyze this law as well as some of the main problems faced by free justice in Spain.
The art. 119 CE guarantees the right to free justice, ensuring that all people can access the courts and see their rights defended regardless of their financial resources. The Law 1/1996, of January 10, on free legal assistance, a rule that gives legal configuration to this right, was a novelty at the time. Even so, at present, it has become obsolete and needs to be adapted to current needs. This work will analyze this law as well as some of the main problems faced by free justice in Spain.
Direction
Vilaboy Lois, Lotario (Tutorships)
Vilaboy Lois, Lotario (Tutorships)
Court
Noya Ferreiro, Maria Lourdes (Chairman)
RODRIGUEZ ALVAREZ, ANA (Secretary)
CATALINA BENAVENTE, MARIA DE LOS ANGELES (Member)
Noya Ferreiro, Maria Lourdes (Chairman)
RODRIGUEZ ALVAREZ, ANA (Secretary)
CATALINA BENAVENTE, MARIA DE LOS ANGELES (Member)
Article 57.1 CE, succession regime in the Crown, historical development and its relationship with Article 14 CE, fundamental principle of equality
Authorship
C.R.V.
Bachelor's Degree in Law
C.R.V.
Bachelor's Degree in Law
Defense date
02.16.2024 12:00
02.16.2024 12:00
Summary
The debate was already opened within the constituent process that resulted in our current supreme norm, the Spanish Constitution of 1978, and since then jurists, law scholars, legal philosophers and the Constitutional Court itself, among other personalities, have analysed, and with it inevitably felt, the inconsistency that manifests itself between the principle of succession in the Crown, regulated in article 57.1, and the fundamental principle of equality, enunciated in art. 14. In consideration of the foregoing, the content of the following pages will try to offer its reader an approach to the main issues related to the contradiction, with the aim that, at the end, this may build an opinion with some foundation.
The debate was already opened within the constituent process that resulted in our current supreme norm, the Spanish Constitution of 1978, and since then jurists, law scholars, legal philosophers and the Constitutional Court itself, among other personalities, have analysed, and with it inevitably felt, the inconsistency that manifests itself between the principle of succession in the Crown, regulated in article 57.1, and the fundamental principle of equality, enunciated in art. 14. In consideration of the foregoing, the content of the following pages will try to offer its reader an approach to the main issues related to the contradiction, with the aim that, at the end, this may build an opinion with some foundation.
Direction
GUDE FERNANDEZ, ANA MARIA (Tutorships)
GUDE FERNANDEZ, ANA MARIA (Tutorships)
Court
GUDE FERNANDEZ, ANA MARIA (Student’s tutor)
GUDE FERNANDEZ, ANA MARIA (Student’s tutor)
Trade Secrets in Spain
Authorship
A.I.C.
Bachelor's Degree in Law
A.I.C.
Bachelor's Degree in Law
Defense date
09.13.2024 13:00
09.13.2024 13:00
Summary
The purpose of this paper is the study of trade secrets. Throughout the document, its concept, characteristics and the competitive value it represents for companies in a world characterised by globalization and the rapid advance of new technologies will be examined. It also includes a historical review from the birth of the GATT to the enactment of European Directive 2016/943 that will give rise to the current configuration of the regulations in Spain through Law 1/2019 on Trade Secrets. Finally, an analysis of the aforementioned law will be carried out, covering its substantive and procedural aspects.
The purpose of this paper is the study of trade secrets. Throughout the document, its concept, characteristics and the competitive value it represents for companies in a world characterised by globalization and the rapid advance of new technologies will be examined. It also includes a historical review from the birth of the GATT to the enactment of European Directive 2016/943 that will give rise to the current configuration of the regulations in Spain through Law 1/2019 on Trade Secrets. Finally, an analysis of the aforementioned law will be carried out, covering its substantive and procedural aspects.
Direction
FRAMIÑAN SANTAS, FRANCISCO JAVIER (Tutorships)
FRAMIÑAN SANTAS, FRANCISCO JAVIER (Tutorships)
Court
FRAMIÑAN SANTAS, FRANCISCO JAVIER (Student’s tutor)
FRAMIÑAN SANTAS, FRANCISCO JAVIER (Student’s tutor)
Measures to achieve work-family conciliation after Directive (EU) 2019/1158
Authorship
R.H.F.
Bachelor's Degree in Law
R.H.F.
Bachelor's Degree in Law
Defense date
09.11.2024 11:00
09.11.2024 11:00
Summary
The incorporation of women into the labor market has posed a challenge to society that tries to make family care compatible for both sexes, a task that has always been assigned to women, with the exercise of work activity outside the home. The concept of conciliation is directly linked to that of co-responsibility, with equal relevance since one implies compliance with the other. Conciliation and co-responsibility as rights are included in Royal Legislative Decree 2/2015, of October 23, which approves the consolidated text of the Workers' Statute Law. Among other aspects, one of the causes of the delay in motherhood compared to previous generations is documented in difficulties in reconciling family and work life. If we add to this factor the evident aging of the population in our country, it will be necessary to address conciliation as a priority at the community and legislative level. The current regulations in this area are the European Union Directive 2019/1158 of June 20, 2019 on the reconciliation of work, family life and the professional life of parents and caregivers. Another law that addressed conciliation is Organic Law 3/2007, of March 22, for the effective equality of women and men, specifically in its Chapter II, of Title IV. Nowadays, the regulatory measures in Spanish law that are applied to facilitate the reconciliation of family and work life develop aspects regarding the reduction of working hours, adaptation of the job, maternity and paternity leave, leave to care for children, among others. , promoting co-responsibility between women and men, to avoid gender roles and stereotypes that are being eradicated from our society.
The incorporation of women into the labor market has posed a challenge to society that tries to make family care compatible for both sexes, a task that has always been assigned to women, with the exercise of work activity outside the home. The concept of conciliation is directly linked to that of co-responsibility, with equal relevance since one implies compliance with the other. Conciliation and co-responsibility as rights are included in Royal Legislative Decree 2/2015, of October 23, which approves the consolidated text of the Workers' Statute Law. Among other aspects, one of the causes of the delay in motherhood compared to previous generations is documented in difficulties in reconciling family and work life. If we add to this factor the evident aging of the population in our country, it will be necessary to address conciliation as a priority at the community and legislative level. The current regulations in this area are the European Union Directive 2019/1158 of June 20, 2019 on the reconciliation of work, family life and the professional life of parents and caregivers. Another law that addressed conciliation is Organic Law 3/2007, of March 22, for the effective equality of women and men, specifically in its Chapter II, of Title IV. Nowadays, the regulatory measures in Spanish law that are applied to facilitate the reconciliation of family and work life develop aspects regarding the reduction of working hours, adaptation of the job, maternity and paternity leave, leave to care for children, among others. , promoting co-responsibility between women and men, to avoid gender roles and stereotypes that are being eradicated from our society.
Direction
MANEIRO VAZQUEZ, YOLANDA (Tutorships)
MANEIRO VAZQUEZ, YOLANDA (Tutorships)
Court
MANEIRO VAZQUEZ, YOLANDA (Student’s tutor)
MANEIRO VAZQUEZ, YOLANDA (Student’s tutor)
Legal analysis of golden passports and golden visas under European Union law
Authorship
M.A.V.R.
Bachelor's Degree in Law
M.A.V.R.
Bachelor's Degree in Law
Defense date
02.16.2024 09:30
02.16.2024 09:30
Summary
Residence and citizenship by investment schemes are modern models of naturalization. They have moved away from the traditional formulas (descendants of the individual, birth on the territory of the country or length of stay in a given place) to a new criterion: economic contribution. Thus, through this innovation, the Member States aim to stimulate their economies, create jobs, increase tax revenue, and generate a greater competition in the market. However, the European Union has not perceived its implementation as positive for its objectives. The Commission and the European Parliament have jointly spoken out against these schemes on the grounds of the risks they entail. These include tax evasion, money laundering, corruption, increased presence of criminal groups and assistance in the financing of terrorism. They have also defined these naturalization channels as procedures that promote inequality, favoring only those with large fortunes. In order to explore the subject in greater depth, this paper will analyze whether these programs comply with the common principles and values on which the European Union is based; it will also evaluate their impact in the political, social, and economic spheres, as well as the proposals put forward by its institutions in order to obtain an objective study about their benefits and detriments.
Residence and citizenship by investment schemes are modern models of naturalization. They have moved away from the traditional formulas (descendants of the individual, birth on the territory of the country or length of stay in a given place) to a new criterion: economic contribution. Thus, through this innovation, the Member States aim to stimulate their economies, create jobs, increase tax revenue, and generate a greater competition in the market. However, the European Union has not perceived its implementation as positive for its objectives. The Commission and the European Parliament have jointly spoken out against these schemes on the grounds of the risks they entail. These include tax evasion, money laundering, corruption, increased presence of criminal groups and assistance in the financing of terrorism. They have also defined these naturalization channels as procedures that promote inequality, favoring only those with large fortunes. In order to explore the subject in greater depth, this paper will analyze whether these programs comply with the common principles and values on which the European Union is based; it will also evaluate their impact in the political, social, and economic spheres, as well as the proposals put forward by its institutions in order to obtain an objective study about their benefits and detriments.
Direction
TEIJO GARCIA, CARLOS (Tutorships)
TEIJO GARCIA, CARLOS (Tutorships)
Court
TEIJO GARCIA, CARLOS (Student’s tutor)
TEIJO GARCIA, CARLOS (Student’s tutor)
Maras of El Salvador: Study of forced migration as a consequence of violence and its impact on the mental health of the migrant
Authorship
A.L.G.
Bachelor of Criminology
A.L.G.
Bachelor of Criminology
Defense date
07.22.2024 11:00
07.22.2024 11:00
Summary
This paper focuses on analyzing how the violence experienced by people who migrate in a forced manner between the countries of northern Central America, Mexico and the United States of America is intertwined with mental health. For this, on the one hand, we will analyze the relationship between forced migration and organized crime through the phenomenon of gangs in El Salvador. On the other hand, we will study the extent to which migration processes can have consequences for the mental health of migrants. Although the migration process is often initiated by decisions related to economic reasons, the search for studies, or new job opportunities, always involves significant changes in people’s lives, which can lead to experiencing a migratory duel. This process is characterized by the challenges and vulnerabilities faced by migrants. From 2004, the Spanish psychiatrist Joseba Achotegui Loizate discovers what is known as the Ulysses Syndrome or Emigrant Syndrome with chronic and multiple stress, made up of a group of stressors who live people who migrate, especially in extreme conditions.
This paper focuses on analyzing how the violence experienced by people who migrate in a forced manner between the countries of northern Central America, Mexico and the United States of America is intertwined with mental health. For this, on the one hand, we will analyze the relationship between forced migration and organized crime through the phenomenon of gangs in El Salvador. On the other hand, we will study the extent to which migration processes can have consequences for the mental health of migrants. Although the migration process is often initiated by decisions related to economic reasons, the search for studies, or new job opportunities, always involves significant changes in people’s lives, which can lead to experiencing a migratory duel. This process is characterized by the challenges and vulnerabilities faced by migrants. From 2004, the Spanish psychiatrist Joseba Achotegui Loizate discovers what is known as the Ulysses Syndrome or Emigrant Syndrome with chronic and multiple stress, made up of a group of stressors who live people who migrate, especially in extreme conditions.
Direction
BRAÑAS GONZALEZ, ANTIA (Tutorships)
BRAÑAS GONZALEZ, ANTIA (Tutorships)
Court
BRAÑAS GONZALEZ, ANTIA (Student’s tutor)
BRAÑAS GONZALEZ, ANTIA (Student’s tutor)
The Habeas Corpus institution in spanish historical law. The law of flight as an attack on the right of Habeas Corpus.
Authorship
B.L.G.
Bachelor's Degree in Law
B.L.G.
Bachelor's Degree in Law
Defense date
02.16.2024 13:00
02.16.2024 13:00
Summary
In this project, our exploration centres on the historical evolution of the Habeas Corpus institution, tracing its roots from Roman law to its contemporary regulation within the Spanish legal framework. Emphasising the medieval legal context, we deconstruct the nuances of Spanish terms such as Manifestación de personas and Justicia de Aragón, delving into their regulation across diverse jurisdictions. Our examination extends to the Habeas Corpus institution in Anglo-Saxon law, encompassing its adaptations in various charters. Additionally, we scrutinise the history of Spanish constitutionalism, evaluating how different constitutional iterations have either advanced or hindered the development of this institution. Finally, we probe into the legal concept law of flight, examining its societal and legal implications, and assessing its impact as an impediment to the foundational principles of the Habeas Corpus.
In this project, our exploration centres on the historical evolution of the Habeas Corpus institution, tracing its roots from Roman law to its contemporary regulation within the Spanish legal framework. Emphasising the medieval legal context, we deconstruct the nuances of Spanish terms such as Manifestación de personas and Justicia de Aragón, delving into their regulation across diverse jurisdictions. Our examination extends to the Habeas Corpus institution in Anglo-Saxon law, encompassing its adaptations in various charters. Additionally, we scrutinise the history of Spanish constitutionalism, evaluating how different constitutional iterations have either advanced or hindered the development of this institution. Finally, we probe into the legal concept law of flight, examining its societal and legal implications, and assessing its impact as an impediment to the foundational principles of the Habeas Corpus.
Direction
BOUZADA GIL, MARIA TERESA (Tutorships)
BOUZADA GIL, MARIA TERESA (Tutorships)
Court
BOUZADA GIL, MARIA TERESA (Student’s tutor)
BOUZADA GIL, MARIA TERESA (Student’s tutor)
Offline and online sexual victimization in the adolescent stage
Authorship
L.V.N.
Bachelor's Degree in Criminology
L.V.N.
Bachelor's Degree in Criminology
Defense date
06.27.2024 11:00
06.27.2024 11:00
Summary
Sexual harassment has become a serious social and public health problem, especially when it occurs in childhood and/or adolescence. Within this framework, the present study aims to examine offline and online sexual harassment victimization in a sample with an adolescent population. For this purpose, a sample of 470 adolescents, 182 females (38.7%) and 288 males (61.3%), with an age range between 13 and 17 years (M = 15.29, SD = 0.97), completed the measurement instruments. The results showed a rate of 25.1% for offline sexual victimization and 26.2% for online sexual victimization. Additionally, gender differences were found, with girls scoring higher. In contrast, no differences were found according to age. Bearing in mind the limitations of our study, future lines of research in the framework of prevention of violence in childhood and adolescence are proposed.
Sexual harassment has become a serious social and public health problem, especially when it occurs in childhood and/or adolescence. Within this framework, the present study aims to examine offline and online sexual harassment victimization in a sample with an adolescent population. For this purpose, a sample of 470 adolescents, 182 females (38.7%) and 288 males (61.3%), with an age range between 13 and 17 years (M = 15.29, SD = 0.97), completed the measurement instruments. The results showed a rate of 25.1% for offline sexual victimization and 26.2% for online sexual victimization. Additionally, gender differences were found, with girls scoring higher. In contrast, no differences were found according to age. Bearing in mind the limitations of our study, future lines of research in the framework of prevention of violence in childhood and adolescence are proposed.
Direction
VILARIÑO VAZQUEZ, MANUEL (Tutorships)
VILARIÑO VAZQUEZ, MANUEL (Tutorships)
Court
VILARIÑO VAZQUEZ, MANUEL (Student’s tutor)
VILARIÑO VAZQUEZ, MANUEL (Student’s tutor)
International environmental protection towards eco-global justice: the crime of ecocide
Authorship
N.M.D.S.
Bachelor of Criminology
N.M.D.S.
Bachelor of Criminology
Defense date
07.23.2024 10:30
07.23.2024 10:30
Summary
The analysis carried out in this dissertation is based on the theoretical postulates on which Criminology and green victimology on environmental damage are based. Both critical currents provide a new ecocentric approach to the concept of environmental damage, victim, its global nature and the longitudinal factor of the impact of damage in the short, medium and long term. The descriptive journey and analysis of the new criminological and victimological currents leads us to propose new possibilities of justice and reparation for victims of serious environmental damage caused to an ecosystem or a protected habitat, with allusion to restorative justice and, for the most serious and irreversible or long-term damage, the need to criminalise the crime of ecocide under the jurisdiction of the International Criminal Court.
The analysis carried out in this dissertation is based on the theoretical postulates on which Criminology and green victimology on environmental damage are based. Both critical currents provide a new ecocentric approach to the concept of environmental damage, victim, its global nature and the longitudinal factor of the impact of damage in the short, medium and long term. The descriptive journey and analysis of the new criminological and victimological currents leads us to propose new possibilities of justice and reparation for victims of serious environmental damage caused to an ecosystem or a protected habitat, with allusion to restorative justice and, for the most serious and irreversible or long-term damage, the need to criminalise the crime of ecocide under the jurisdiction of the International Criminal Court.
Direction
VALEIJE ALVAREZ, MARIA INMACULADA (Tutorships)
VALEIJE ALVAREZ, MARIA INMACULADA (Tutorships)
Court
VAZQUEZ-PORTOMEÑE SEIJAS, FERNANDO ANTONIO (Chairman)
PEREZ RIVAS, NATALIA (Secretary)
Alonso Salgado, Cristina (Member)
VAZQUEZ-PORTOMEÑE SEIJAS, FERNANDO ANTONIO (Chairman)
PEREZ RIVAS, NATALIA (Secretary)
Alonso Salgado, Cristina (Member)
Empirical-descriptive analysis of the drivers of crime in the case of the autonomous communities of Spain.
Authorship
C.G.R.
Bachelor of Criminology
C.G.R.
Bachelor of Criminology
Defense date
07.18.2024 10:00
07.18.2024 10:00
Summary
Crime is a complex social phenomenon present in all communities, to a greater or lesser extent, and is the result of specific characteristics of each society. In this paper we study various socioeconomic variables to assess their relationship with the level of crime in the Spanish Autonomous Communities (ACs). Specifically, we analyse factors such as poverty risk, per capita income, education dropout and tourism, in order to determine whether there is any significant and/or demonstrative correlation with crime rates in these regions. The methodology employed includes the use of official statistical data and quantitative and qualitative analysis techniques to identify patterns and trends that can shed light on the determinants of crime. The results of the analysis reveal that there is a demonstrable correlation between the crime variable and the socio-economic variables studied. This correlation is strongest in those communities where the state of crime is high.
Crime is a complex social phenomenon present in all communities, to a greater or lesser extent, and is the result of specific characteristics of each society. In this paper we study various socioeconomic variables to assess their relationship with the level of crime in the Spanish Autonomous Communities (ACs). Specifically, we analyse factors such as poverty risk, per capita income, education dropout and tourism, in order to determine whether there is any significant and/or demonstrative correlation with crime rates in these regions. The methodology employed includes the use of official statistical data and quantitative and qualitative analysis techniques to identify patterns and trends that can shed light on the determinants of crime. The results of the analysis reveal that there is a demonstrable correlation between the crime variable and the socio-economic variables studied. This correlation is strongest in those communities where the state of crime is high.
Direction
SEIJO VILLAMIZAR, JAVIER (Tutorships)
SEIJO VILLAMIZAR, JAVIER (Tutorships)
Court
SEIJO VILLAMIZAR, JAVIER (Student’s tutor)
SEIJO VILLAMIZAR, JAVIER (Student’s tutor)
Evolutionary theory and sex differences in aggression: a narrative review
Authorship
A.L.R.
Bachelor of Criminology
A.L.R.
Bachelor of Criminology
Defense date
09.11.2024 13:30
09.11.2024 13:30
Summary
This narrative review study examines the intersection of sex differences in aggression along with evolutionary theory. It delves into a literature review on how evolutionary factors influence these differences. Starting with Charles Darwin's theory of evolution, it explores the concepts of sexual selection and parental investment, particularly highlighting how these have shaped aggressive behaviors in men and women. In this regard, the study underscores the influence of culture in the study of aggression and how this concept contributes to creating stigmas around female aggression as a pathology. The objectives are to understand how evolutionary theory addresses sex differences in aggression, identify the main biological differences between men and women, and evaluate the cultural influence on the perception of aggression. The method used is a narrative review, focusing on scientific articles referencing Anne Campbell's article Staying alive: Evolution, culture, and women's intrasexual aggression. The results conclude that there is widespread recognition of how men are more aggressive than women, relating this behavior to evolutionary explanations studied through the lens of Charles Darwin's sexual selection. However,it highlights the need for further research that analyzes social/cultural factors alongside biological factors to move towards a more egalitarian and equitable society.
This narrative review study examines the intersection of sex differences in aggression along with evolutionary theory. It delves into a literature review on how evolutionary factors influence these differences. Starting with Charles Darwin's theory of evolution, it explores the concepts of sexual selection and parental investment, particularly highlighting how these have shaped aggressive behaviors in men and women. In this regard, the study underscores the influence of culture in the study of aggression and how this concept contributes to creating stigmas around female aggression as a pathology. The objectives are to understand how evolutionary theory addresses sex differences in aggression, identify the main biological differences between men and women, and evaluate the cultural influence on the perception of aggression. The method used is a narrative review, focusing on scientific articles referencing Anne Campbell's article Staying alive: Evolution, culture, and women's intrasexual aggression. The results conclude that there is widespread recognition of how men are more aggressive than women, relating this behavior to evolutionary explanations studied through the lens of Charles Darwin's sexual selection. However,it highlights the need for further research that analyzes social/cultural factors alongside biological factors to move towards a more egalitarian and equitable society.
Direction
ESMORIS ARRANZ, FRANCISCO JOSE (Tutorships)
ESMORIS ARRANZ, FRANCISCO JOSE (Tutorships)
Court
ESMORIS ARRANZ, FRANCISCO JOSE (Student’s tutor)
ESMORIS ARRANZ, FRANCISCO JOSE (Student’s tutor)
Emotional and behavioral implications of pornography consumption in adolescents.
Authorship
S.A.P.
Bachelor of Criminology
S.A.P.
Bachelor of Criminology
Defense date
07.23.2024 10:00
07.23.2024 10:00
Summary
The study analyzes the online pornography consumption among teenagers and its possible emotional and behavioral repercussions. Via a systematic review of the published literature between 2109 and 2024, the consumer profile and the emotional and behavioral repercussions of pornography consumption are examined, globally and by gender. Factors associated with consumption are identified, such as age, gender and sensation seeking. Pornography use is related to emotional and behavioral problems, such as body dissatisfaction, low self-steem and risky sexual behaviors. The results highlight adolescent males as the main consumers of pornography, and this consumption is associated with several negative implications, both emotional and behavioral. Protective factors for pornography have been found, such as well-functioning family relationships and religion.
The study analyzes the online pornography consumption among teenagers and its possible emotional and behavioral repercussions. Via a systematic review of the published literature between 2109 and 2024, the consumer profile and the emotional and behavioral repercussions of pornography consumption are examined, globally and by gender. Factors associated with consumption are identified, such as age, gender and sensation seeking. Pornography use is related to emotional and behavioral problems, such as body dissatisfaction, low self-steem and risky sexual behaviors. The results highlight adolescent males as the main consumers of pornography, and this consumption is associated with several negative implications, both emotional and behavioral. Protective factors for pornography have been found, such as well-functioning family relationships and religion.
Direction
RIAL BOUBETA, ANTONIO (Tutorships)
RIAL BOUBETA, ANTONIO (Tutorships)
Court
RIAL BOUBETA, ANTONIO (Student’s tutor)
RIAL BOUBETA, ANTONIO (Student’s tutor)
The Path to a Dignified Death: Euthanasia: A Reflection on the Fundamental Right to Die.
Authorship
N.N.G.
Bachelor's Degree in Law
N.N.G.
Bachelor's Degree in Law
Defense date
06.28.2024 12:00
06.28.2024 12:00
Summary
This paper aims to defend the existence of a fundamental right to die. In other words, this work seeks to argue for the legal admissibility of euthanasia. The debate centres on whether the decision to end one's life should have societal support and whether it fits within our legal framework. First, the dessertation will address the practice of euthanasia from its beginnings, starting in the Greco-Roman period and progressively reaching the present day. It will also differentiate euthanasia from other practices, such as medically assisted suicide, and analyze the various types that exist in relation to it. Following this general overview of euthanasia, we will defend the existence of a fundamental right to die, basing this assertion on the fact that the right to personal autonomy includes the freedom for each individual to choose when and how to end their life. Furthermore, we will discuss its legal regime, from the Spanish Constitution and the Penal Code to the Law Regulating Patient Autonomy and the Organic Law on the Regulation of Euthanasia. Finally, we will refer to the wishes and wills of patients, emphasizing the options available to them: living will, informed consent, advance directives, prior instructions, etcetera. We will also consider healthcare professionals and their right to conscientious objection, making a brief reference to this as well.
This paper aims to defend the existence of a fundamental right to die. In other words, this work seeks to argue for the legal admissibility of euthanasia. The debate centres on whether the decision to end one's life should have societal support and whether it fits within our legal framework. First, the dessertation will address the practice of euthanasia from its beginnings, starting in the Greco-Roman period and progressively reaching the present day. It will also differentiate euthanasia from other practices, such as medically assisted suicide, and analyze the various types that exist in relation to it. Following this general overview of euthanasia, we will defend the existence of a fundamental right to die, basing this assertion on the fact that the right to personal autonomy includes the freedom for each individual to choose when and how to end their life. Furthermore, we will discuss its legal regime, from the Spanish Constitution and the Penal Code to the Law Regulating Patient Autonomy and the Organic Law on the Regulation of Euthanasia. Finally, we will refer to the wishes and wills of patients, emphasizing the options available to them: living will, informed consent, advance directives, prior instructions, etcetera. We will also consider healthcare professionals and their right to conscientious objection, making a brief reference to this as well.
Direction
RODRIGUEZ BOENTE, SONIA ESPERANZA (Tutorships)
RODRIGUEZ BOENTE, SONIA ESPERANZA (Tutorships)
Court
RODRIGUEZ BOENTE, SONIA ESPERANZA (Student’s tutor)
RODRIGUEZ BOENTE, SONIA ESPERANZA (Student’s tutor)
“Eclesiastical Matters” and the Ministry of Grace and Justice in the 19th Century.
Authorship
J.P.P.
Bachelor's Degree in Law
J.P.P.
Bachelor's Degree in Law
Defense date
07.23.2024 11:00
07.23.2024 11:00
Summary
SUMMARY: The Spanish 19th century, characterized by the chronic instability of political power, It meant a radical transformation regarding the relations between the State and the Church. In a relatively short period the long-standing alliance between the Throne and the Altar, going from the intervention of royal power over the Spanish Church to plunder and looting of successive liberal governments. This new conception galvanized during the War of Independence, (1808-1814). During the war, both the Cortes of Cádiz and José I favored the regulation of the ecclesiastical matters in an institutionalized way, including them within an action of constitutionalist government. It stands out that in the French case it materialized in the Ministry of Ecclesiastical Affairs. After the ominous parenthesis of Ferdinand VII and with the Beginning of the reign of Elizabeth II, the control and protection of the Church was exercised by the governments liberals on duty, subjecting it to their convenience according to the needs of the moment. The clergy Spanish adapted to the new rhythms marked by liberalism, superimposing the unstable period between the death of Ferdinand VII and the Restoration. In what Concerning the Ministry of Grace and Justice, he was in charge of directing many aspects of the ecclesiastical action through the so-called ecclesiastical affairs, a name referring to the set of agencies dependent on the Ministry that controlled the administration ordinary of the Church. For everything indicated, it can be said that the 19th century marked the modification of regalism personal of the monarch, as well as the control of ecclesiastical autonomy. Liberalism broke out with measures such as confiscations or the separation between Church and State that They meant the economic and political subjugation of the clergy to the State. Protection was passed from the Throne to the guardianship of the Ministry.
SUMMARY: The Spanish 19th century, characterized by the chronic instability of political power, It meant a radical transformation regarding the relations between the State and the Church. In a relatively short period the long-standing alliance between the Throne and the Altar, going from the intervention of royal power over the Spanish Church to plunder and looting of successive liberal governments. This new conception galvanized during the War of Independence, (1808-1814). During the war, both the Cortes of Cádiz and José I favored the regulation of the ecclesiastical matters in an institutionalized way, including them within an action of constitutionalist government. It stands out that in the French case it materialized in the Ministry of Ecclesiastical Affairs. After the ominous parenthesis of Ferdinand VII and with the Beginning of the reign of Elizabeth II, the control and protection of the Church was exercised by the governments liberals on duty, subjecting it to their convenience according to the needs of the moment. The clergy Spanish adapted to the new rhythms marked by liberalism, superimposing the unstable period between the death of Ferdinand VII and the Restoration. In what Concerning the Ministry of Grace and Justice, he was in charge of directing many aspects of the ecclesiastical action through the so-called ecclesiastical affairs, a name referring to the set of agencies dependent on the Ministry that controlled the administration ordinary of the Church. For everything indicated, it can be said that the 19th century marked the modification of regalism personal of the monarch, as well as the control of ecclesiastical autonomy. Liberalism broke out with measures such as confiscations or the separation between Church and State that They meant the economic and political subjugation of the clergy to the State. Protection was passed from the Throne to the guardianship of the Ministry.
Direction
ORTEGO GIL, PEDRO (Tutorships)
ORTEGO GIL, PEDRO (Tutorships)
Court
SEGURA ORTEGA, MANUEL (Chairman)
BOUZADA GIL, MARIA TERESA (Secretary)
RODRIGUEZ BOENTE, SONIA ESPERANZA (Member)
SEGURA ORTEGA, MANUEL (Chairman)
BOUZADA GIL, MARIA TERESA (Secretary)
RODRIGUEZ BOENTE, SONIA ESPERANZA (Member)
The recumbent inheritance: a current perspective and a reference to usucapion
Authorship
S.C.T.
Bachelor's Degree in Law
S.C.T.
Bachelor's Degree in Law
Defense date
06.27.2024 13:00
06.27.2024 13:00
Summary
The purpose of the Final Degree Project is to address, in the context of the Spanish legal system, the figure of the recumbent inheritance. The aim is to define this, as it is an omnipresent element in any succession that lacks a specific and extensive regulatory development. Given the circumstances, the legal figure in question will be delimited by jurisprudence and doctrine, which, in addition, has received increasing treatment in recent years by the “Tribunal Supremo” and the “Dirección General de Registros y del Notariado” (current “Dirección General de Seguridad Jurídica Fe Pública”) for the sake of legal certainty. Likewise, from a legal point of view, the study of the convergence of the recumbent inheritance with the figure of usucapion is of special interest. Specifically, about the admissibility of the inheritance in question being benefited or harmed by the usucapio.
The purpose of the Final Degree Project is to address, in the context of the Spanish legal system, the figure of the recumbent inheritance. The aim is to define this, as it is an omnipresent element in any succession that lacks a specific and extensive regulatory development. Given the circumstances, the legal figure in question will be delimited by jurisprudence and doctrine, which, in addition, has received increasing treatment in recent years by the “Tribunal Supremo” and the “Dirección General de Registros y del Notariado” (current “Dirección General de Seguridad Jurídica Fe Pública”) for the sake of legal certainty. Likewise, from a legal point of view, the study of the convergence of the recumbent inheritance with the figure of usucapion is of special interest. Specifically, about the admissibility of the inheritance in question being benefited or harmed by the usucapio.
Direction
NIETO ALONSO, ANTONIA (Tutorships)
NIETO ALONSO, ANTONIA (Tutorships)
Court
NIETO ALONSO, ANTONIA (Student’s tutor)
NIETO ALONSO, ANTONIA (Student’s tutor)
The rights of the detainee facing detention
Authorship
D.G.M.
Bachelor of Criminology
D.G.M.
Bachelor of Criminology
Defense date
07.02.2024 13:00
07.02.2024 13:00
Summary
In this work, detention will be addressed as a precautionary measure of a personal nature that entails the temporary deprivation of ambulatory freedom, the subjects who are legitimized to carry it out, the conditions and budgets that have to be incurred, as well as the assumptions in which may become illegal; exceeding the maximum period established by law, violation of other rights during detention, failure to comply with any of the necessary budgets... The set of rights that are recognized to every person when acquiring the status of detainee will also be the object of study in this work. Of the set of rights of the detainee, the right to habeas corpus will be addressed in greater detail, which is established as a preferential and summary procedure for defending the rights of the detainee, its purpose is the rapid bringing to justice of a subject who allegedly has been illegally detained so that the judge can resolve quickly by means of an author, ending the procedure.
In this work, detention will be addressed as a precautionary measure of a personal nature that entails the temporary deprivation of ambulatory freedom, the subjects who are legitimized to carry it out, the conditions and budgets that have to be incurred, as well as the assumptions in which may become illegal; exceeding the maximum period established by law, violation of other rights during detention, failure to comply with any of the necessary budgets... The set of rights that are recognized to every person when acquiring the status of detainee will also be the object of study in this work. Of the set of rights of the detainee, the right to habeas corpus will be addressed in greater detail, which is established as a preferential and summary procedure for defending the rights of the detainee, its purpose is the rapid bringing to justice of a subject who allegedly has been illegally detained so that the judge can resolve quickly by means of an author, ending the procedure.
Direction
GUDE FERNANDEZ, ANA MARIA (Tutorships)
GUDE FERNANDEZ, ANA MARIA (Tutorships)
Court
GUDE FERNANDEZ, ANA MARIA (Student’s tutor)
GUDE FERNANDEZ, ANA MARIA (Student’s tutor)
The Fentanyl Phenomenon in Spain
Authorship
N.D.C.
Bachelor of Criminology
N.D.C.
Bachelor of Criminology
Defense date
07.18.2024 18:00
07.18.2024 18:00
Summary
The opioid crisis in the United States has generated concern worldwide, especially with the reported incidents of fentanyl that have left more than 70,000 deaths in the North American country in 2021. In Spain, some concern has also arisen about the crisis being transferred to the country; measures have even been proposed in the Spanish Parliament to avoid this risk. A systematic review of opioids in different databases and other bibliographic sources was carried out to better understand the toxicological characteristics of fentanyl and its current epidemiological situation in Spain. The results highlight the potency of fentanyl in relation to other opioids such as morphine. and the use and abuse of this drug. These factors also give rise to the specific explanation of the crisis in the United States and how this affects the social level in Spain. Based on the information reviewed, we conclude that, due to factors such as the difference in fentanyl consumption between Spain and the United States or the control mechanisms available to both Spain and the European Union, it is unlikely that in our country we will reach an opioid crisis like that of the United States.
The opioid crisis in the United States has generated concern worldwide, especially with the reported incidents of fentanyl that have left more than 70,000 deaths in the North American country in 2021. In Spain, some concern has also arisen about the crisis being transferred to the country; measures have even been proposed in the Spanish Parliament to avoid this risk. A systematic review of opioids in different databases and other bibliographic sources was carried out to better understand the toxicological characteristics of fentanyl and its current epidemiological situation in Spain. The results highlight the potency of fentanyl in relation to other opioids such as morphine. and the use and abuse of this drug. These factors also give rise to the specific explanation of the crisis in the United States and how this affects the social level in Spain. Based on the information reviewed, we conclude that, due to factors such as the difference in fentanyl consumption between Spain and the United States or the control mechanisms available to both Spain and the European Union, it is unlikely that in our country we will reach an opioid crisis like that of the United States.
Direction
SÁNCHEZ SELLERO, INÉS (Tutorships)
SÁNCHEZ SELLERO, INÉS (Tutorships)
Court
SÁNCHEZ SELLERO, INÉS (Student’s tutor)
SÁNCHEZ SELLERO, INÉS (Student’s tutor)
On the reform of the offences against sexual freedom: a comparison with their previous regulation.
Authorship
S.O.L.
Bachelor's Degree in Law
S.O.L.
Bachelor's Degree in Law
Defense date
02.16.2024 13:30
02.16.2024 13:30
Summary
Sexual crimes, and specifically the crime of sexual aggression and abuse, have undergone various modifications over the last two years, mainly as a result of the wellknown ‘Wolf-Pack’ case, which was a decisive turning point on the regulation of crimes against sexual freedom.This paper is doing an analysis of the different regulations that have accompanied us since 2010 in terms of sexual assault and abuse, examining the different reforms that have taken place until reaching the current regulation in the Penal Code. The object of the study will be the Organic Law 5/2010of June 22, which includes the traditional distinction between sexual aggression and abuse, together with the Organic Law 10/2022, of September 6, on the Comprehensive Guarantee of Sexual Freedom, commonly known as the ‘only yes means yes’ Law; and finally the Organic Law 4/2023, of April 27, which puts an end to the problem of retroactivity caused by the previous regulation.
Sexual crimes, and specifically the crime of sexual aggression and abuse, have undergone various modifications over the last two years, mainly as a result of the wellknown ‘Wolf-Pack’ case, which was a decisive turning point on the regulation of crimes against sexual freedom.This paper is doing an analysis of the different regulations that have accompanied us since 2010 in terms of sexual assault and abuse, examining the different reforms that have taken place until reaching the current regulation in the Penal Code. The object of the study will be the Organic Law 5/2010of June 22, which includes the traditional distinction between sexual aggression and abuse, together with the Organic Law 10/2022, of September 6, on the Comprehensive Guarantee of Sexual Freedom, commonly known as the ‘only yes means yes’ Law; and finally the Organic Law 4/2023, of April 27, which puts an end to the problem of retroactivity caused by the previous regulation.
Direction
PEREZ RIVAS, NATALIA (Tutorships)
PEREZ RIVAS, NATALIA (Tutorships)
Court
PEREZ RIVAS, NATALIA (Student’s tutor)
PEREZ RIVAS, NATALIA (Student’s tutor)
The investigation phase in the criminal proccess of minors; Subject, the file and the principle of opportunity: Dissalmissal and Dismissall for the prosecutor´s officce
Authorship
A.E.Q.T.
Bachelor's Degree in Criminology
A.E.Q.T.
Bachelor's Degree in Criminology
Defense date
09.11.2024 12:00
09.11.2024 12:00
Summary
The criminal process of minors is unknown to the majority of society, I have tried to study the laws that regulate it, along with the different doctrinal interpretations of specialists on the subject, to try to get closer to the process, I have also studied as one of the main protagonists in this process such as the Public Prosecutor's Office, its relationship with the principle of Opportunity, through its seminars, conferences, etc. and the annual reports of the State Attorney General's Office, as has been their sharing of their experiences, always keeping in mind their purpose, the supreme interest of the minor
The criminal process of minors is unknown to the majority of society, I have tried to study the laws that regulate it, along with the different doctrinal interpretations of specialists on the subject, to try to get closer to the process, I have also studied as one of the main protagonists in this process such as the Public Prosecutor's Office, its relationship with the principle of Opportunity, through its seminars, conferences, etc. and the annual reports of the State Attorney General's Office, as has been their sharing of their experiences, always keeping in mind their purpose, the supreme interest of the minor
Direction
Varela Gomez, Bernardino (Tutorships)
Varela Gomez, Bernardino (Tutorships)
Court
Varela Gomez, Bernardino (Student’s tutor)
Varela Gomez, Bernardino (Student’s tutor)
Clause Minimis non curat praetor
Authorship
E.L.M.
Bachelor's Degree in Law
E.L.M.
Bachelor's Degree in Law
Defense date
09.12.2024 11:00
09.12.2024 11:00
Summary
This work contains the development of one of the admission clauses for the claims that individuals can present to the European Court of Human Rights in order to defend their fundamental rights and freedoms. Since the beginning of this court, different protocols have been incorporated that modified the previous systems, all of them trying to improve the measures provided by this court so that the individuals themselves are not deprived of their rights by the Member States, through the active legitimacy that they have obtained can defend the rights recognized by the Convention. As a consequence of the collapse that the court almost suffered due to the possibility that is open to individuals to file lawsuits, in order to file these lawsuits it is necessary to meet a series of requirements that we will develop throughout the work, among them we can talk about the exhaustion of internal resources, compliance with established deadlines... and the requirement under investigation of this work, significant damage. When the court rejects a claim from an individual because it lacks sufficient importance, the court will follow different criteria, thus enjoying a certain margin of discretion. With the different protocols that have been modifying the system, it has been outlined what must be addressed to talk about important harm, such as the economic criterion and how it influences the person who is harmed by it. Even so, there are exceptions to this significant damage, the well-known safeguard clauses, which will allow the claim to be analyzed even if there is no serious damage in the case to be analyzed. Within this work, mention will also be made of the first cases that gave rise to the creation of jurisprudence regarding this new clause along with the first two cases that concern Spain.
This work contains the development of one of the admission clauses for the claims that individuals can present to the European Court of Human Rights in order to defend their fundamental rights and freedoms. Since the beginning of this court, different protocols have been incorporated that modified the previous systems, all of them trying to improve the measures provided by this court so that the individuals themselves are not deprived of their rights by the Member States, through the active legitimacy that they have obtained can defend the rights recognized by the Convention. As a consequence of the collapse that the court almost suffered due to the possibility that is open to individuals to file lawsuits, in order to file these lawsuits it is necessary to meet a series of requirements that we will develop throughout the work, among them we can talk about the exhaustion of internal resources, compliance with established deadlines... and the requirement under investigation of this work, significant damage. When the court rejects a claim from an individual because it lacks sufficient importance, the court will follow different criteria, thus enjoying a certain margin of discretion. With the different protocols that have been modifying the system, it has been outlined what must be addressed to talk about important harm, such as the economic criterion and how it influences the person who is harmed by it. Even so, there are exceptions to this significant damage, the well-known safeguard clauses, which will allow the claim to be analyzed even if there is no serious damage in the case to be analyzed. Within this work, mention will also be made of the first cases that gave rise to the creation of jurisprudence regarding this new clause along with the first two cases that concern Spain.
Direction
ARENAS MEZA, MIGUEL ENRIQUE (Tutorships)
ARENAS MEZA, MIGUEL ENRIQUE (Tutorships)
Court
ARENAS MEZA, MIGUEL ENRIQUE (Student’s tutor)
ARENAS MEZA, MIGUEL ENRIQUE (Student’s tutor)
Transfer of houses for tourist use: special reference to their incardination in the condominium regime
Authorship
M.C.P.
Bachelor's Degree in Law
M.C.P.
Bachelor's Degree in Law
Defense date
09.11.2024 10:00
09.11.2024 10:00
Summary
The purpose of this Final Degree Project is to address the problem of the transfer of housing for tourist use, with special emphasis on its relationship with the condominium regime. The civil aspects of the figure are explored, commenting on their coexistence with administrative regulations, with specific mention of the regulations of Galicia. The concept of leasing for tourist use is defined and compared with other similar figures. The analysis focuses on the restrictions that communities of owners can impose on the tourist use of homes, the carrying out of works and the damage caused by users. It delves into the jurisprudence and doctrine that support these restrictions, analyzing the legal and practical implications for individual owners and the community. Likewise, the contractual responsibilities and legal actions that can be taken by owners affected by annoying or harmful activities derived from the transfer of housing for tourist use are discussed. Furthermore, the regulatory evolution and its judicial interpretation are examined, highlighting the need for prohibitions to be express, justified and duly registered to ensure their validity and effectiveness against third parties.
The purpose of this Final Degree Project is to address the problem of the transfer of housing for tourist use, with special emphasis on its relationship with the condominium regime. The civil aspects of the figure are explored, commenting on their coexistence with administrative regulations, with specific mention of the regulations of Galicia. The concept of leasing for tourist use is defined and compared with other similar figures. The analysis focuses on the restrictions that communities of owners can impose on the tourist use of homes, the carrying out of works and the damage caused by users. It delves into the jurisprudence and doctrine that support these restrictions, analyzing the legal and practical implications for individual owners and the community. Likewise, the contractual responsibilities and legal actions that can be taken by owners affected by annoying or harmful activities derived from the transfer of housing for tourist use are discussed. Furthermore, the regulatory evolution and its judicial interpretation are examined, highlighting the need for prohibitions to be express, justified and duly registered to ensure their validity and effectiveness against third parties.
Direction
DIAZ MARTINEZ, ANA (Tutorships)
DIAZ MARTINEZ, ANA (Tutorships)
Court
DIAZ MARTINEZ, ANA (Student’s tutor)
DIAZ MARTINEZ, ANA (Student’s tutor)
Study of social change
Authorship
A.F.G.
Bachelor of Criminology
A.F.G.
Bachelor of Criminology
Defense date
09.12.2024 11:00
09.12.2024 11:00
Summary
This essay examines five texts on the evolution of ideologies and their impact on national identity and political structures, from sociological, historical, and philosophical perspectives. The first text interprets ideologies that emerged in response to capitalism: liberalism, nationalism, socialism, and feminism, and the evolution of gender relations. The second analyzes the psychological metamorphosis of political leaders and Bonapartism, showing how power can lead to despotism. The third addresses the labor movement, criticizing hierarchical structures and proposing the referendum and the renunciation postulate to prevent the centralization of power. The fourth text discusses the formation of the state through joint action and political organization. The fifth explores the relationship between history, philosophy, and national identity, criticizing Europeanism and defending national uniqueness. Together, these texts reflect on the interaction between ideologies, politics, and identity.
This essay examines five texts on the evolution of ideologies and their impact on national identity and political structures, from sociological, historical, and philosophical perspectives. The first text interprets ideologies that emerged in response to capitalism: liberalism, nationalism, socialism, and feminism, and the evolution of gender relations. The second analyzes the psychological metamorphosis of political leaders and Bonapartism, showing how power can lead to despotism. The third addresses the labor movement, criticizing hierarchical structures and proposing the referendum and the renunciation postulate to prevent the centralization of power. The fourth text discusses the formation of the state through joint action and political organization. The fifth explores the relationship between history, philosophy, and national identity, criticizing Europeanism and defending national uniqueness. Together, these texts reflect on the interaction between ideologies, politics, and identity.
Direction
ALLONES PEREZ, CARLOS ANTONIO J (Tutorships)
ALLONES PEREZ, CARLOS ANTONIO J (Tutorships)
Court
ALLONES PEREZ, CARLOS ANTONIO J (Student’s tutor)
ALLONES PEREZ, CARLOS ANTONIO J (Student’s tutor)
The legacy of food and the legacy of provisions
Authorship
P.R.D.
Bachelor's Degree in Law
P.R.D.
Bachelor's Degree in Law
Defense date
07.18.2024 12:00
07.18.2024 12:00
Summary
When making an approach to testamentary succession and focusing particularly on one of the most relevant dispositions mortis causa in favor of a third party, such as legacies, we realize that the compilers have collected in different titles the legacy of provisions and the legacy of food, both of the damnatorial type. In this paper we have proposed to study whether this fact responds to a fortuitous issue or if they are really autonomous institutions. To this end, we have examined the object, the recipients and the legal nature of the obligation of these legacies, questioning their purpose: are they really food provisions intended to provide for the subsistence of the legatee or, on the contrary, do they respond to another reality? In addition, mainly, we try to determine whether they are legacies with a single purpose and block provision or, instead, they are periodic benefit legacies.
When making an approach to testamentary succession and focusing particularly on one of the most relevant dispositions mortis causa in favor of a third party, such as legacies, we realize that the compilers have collected in different titles the legacy of provisions and the legacy of food, both of the damnatorial type. In this paper we have proposed to study whether this fact responds to a fortuitous issue or if they are really autonomous institutions. To this end, we have examined the object, the recipients and the legal nature of the obligation of these legacies, questioning their purpose: are they really food provisions intended to provide for the subsistence of the legatee or, on the contrary, do they respond to another reality? In addition, mainly, we try to determine whether they are legacies with a single purpose and block provision or, instead, they are periodic benefit legacies.
Direction
SIXTO DA SILVA, MARIA ESPERANZA (Tutorships)
SIXTO DA SILVA, MARIA ESPERANZA (Tutorships)
Court
SIXTO DA SILVA, MARIA ESPERANZA (Student’s tutor)
SIXTO DA SILVA, MARIA ESPERANZA (Student’s tutor)
The gender perspective in the labour process. Special attention to discrimination.
Authorship
R.P.S.
Double bachelor degree in Laws and Labour Relations and Human Resources
R.P.S.
Double bachelor degree in Laws and Labour Relations and Human Resources
Defense date
07.17.2024 10:00
07.17.2024 10:00
Summary
This Final Degree Project (TFG) addresses, through a legal analysis, the prosecution with a gender perspective and its treatment within the framework of the labour process. In order to appropriately contextualise the aforementioned object of research, first of all questions will be addressed regarding the scope and extension of the concept of gender perspective, as well as its normative expression and jurisprudential development in the labour court order. Once these issues have been dealt with, the study will focus on the procedural treatment of the guarantee of equality in the labour court order and the judicial action with a gender perspective, with special emphasis on the different mechanisms and specialities granted by the Law in the field of the burden of prof area. As a result, it will be possible to analyse the real impact of the gender perspective in labour proceedings, drawing a series of conclusions and highlighting the challenges and implications to which it is exposed.
This Final Degree Project (TFG) addresses, through a legal analysis, the prosecution with a gender perspective and its treatment within the framework of the labour process. In order to appropriately contextualise the aforementioned object of research, first of all questions will be addressed regarding the scope and extension of the concept of gender perspective, as well as its normative expression and jurisprudential development in the labour court order. Once these issues have been dealt with, the study will focus on the procedural treatment of the guarantee of equality in the labour court order and the judicial action with a gender perspective, with special emphasis on the different mechanisms and specialities granted by the Law in the field of the burden of prof area. As a result, it will be possible to analyse the real impact of the gender perspective in labour proceedings, drawing a series of conclusions and highlighting the challenges and implications to which it is exposed.
Direction
MANEIRO VAZQUEZ, YOLANDA (Tutorships)
MANEIRO VAZQUEZ, YOLANDA (Tutorships)
Court
MANEIRO VAZQUEZ, YOLANDA (Student’s tutor)
MANEIRO VAZQUEZ, YOLANDA (Student’s tutor)
The situation in Palestine: a review of the conflict before the International Criminal Court
Authorship
R.P.S.
Double bachelor degree in Laws and Labour Relations and Human Resources
R.P.S.
Double bachelor degree in Laws and Labour Relations and Human Resources
Defense date
07.18.2024 10:00
07.18.2024 10:00
Summary
This paper deals with the investigation before the International Criminal Court of the serious violations of international law committed in the Palestinian-Israeli conflict. In order to contextualise the object of the research, questions relating to the chronological evolution and historical context of the conflict, as well as the different implications and consequences of decades of protracted tensions and destruction, will first be addressed. Subsequently, the study will focus on the legal status of Palestine on the international scene, its statehood and the analysis of the prospects for jurisdiction, admissibility and complementarity of the International Criminal Court regarding crimes within its jurisdiction perpetrated in the territory. Finally, questions related to the legal qualification of acts constituting crimes of genocide, crimes against humanity and war crimes under the jurisdiction of the Court will be addressed, and the possibility of prosecuting them before the Court to demand criminal responsibilities will be analysed.
This paper deals with the investigation before the International Criminal Court of the serious violations of international law committed in the Palestinian-Israeli conflict. In order to contextualise the object of the research, questions relating to the chronological evolution and historical context of the conflict, as well as the different implications and consequences of decades of protracted tensions and destruction, will first be addressed. Subsequently, the study will focus on the legal status of Palestine on the international scene, its statehood and the analysis of the prospects for jurisdiction, admissibility and complementarity of the International Criminal Court regarding crimes within its jurisdiction perpetrated in the territory. Finally, questions related to the legal qualification of acts constituting crimes of genocide, crimes against humanity and war crimes under the jurisdiction of the Court will be addressed, and the possibility of prosecuting them before the Court to demand criminal responsibilities will be analysed.
Direction
MONTERO FERRER, CARMEN (Tutorships)
MONTERO FERRER, CARMEN (Tutorships)
Court
MONTERO FERRER, CARMEN (Student’s tutor)
MONTERO FERRER, CARMEN (Student’s tutor)
The undercover agent
Authorship
L.G.F.
Bachelor of Criminology
L.G.F.
Bachelor of Criminology
Defense date
07.23.2024 13:30
07.23.2024 13:30
Summary
The figure of the undercover agent emerges as a new special technique of police investigation in the field of organized crime. It is configured as an effective tool in solving crimes and fighting illegal activities carried out by multiple criminal groups, as well as preventing them. In order to guarantee these ends and under the growing threat of transnational crimes, which, as a result of an increasingly digitalized world, are expanding faster and with fewer geographical barriers, it was provided with a legal framework for action in our country, contained in Article 282 bis of the Criminal Procedure Law. The undercover agent adopts a false identity and acts as a legitimate member of the target group of the investigation, collecting information and evidence that can be used later in a trial. This study has been carried out with the aim of providing a deep understanding of the figure of the undercover agent, dealing with areas such as its concept and regulation, limits of action of the agents, responsibilities derived from their actions, criminal typology where the use of this police technique has been necessary and decisive, and ending with de differentiation, broadly speaking, between other similar police figures and a special mention to the figure of the agent provocateur.
The figure of the undercover agent emerges as a new special technique of police investigation in the field of organized crime. It is configured as an effective tool in solving crimes and fighting illegal activities carried out by multiple criminal groups, as well as preventing them. In order to guarantee these ends and under the growing threat of transnational crimes, which, as a result of an increasingly digitalized world, are expanding faster and with fewer geographical barriers, it was provided with a legal framework for action in our country, contained in Article 282 bis of the Criminal Procedure Law. The undercover agent adopts a false identity and acts as a legitimate member of the target group of the investigation, collecting information and evidence that can be used later in a trial. This study has been carried out with the aim of providing a deep understanding of the figure of the undercover agent, dealing with areas such as its concept and regulation, limits of action of the agents, responsibilities derived from their actions, criminal typology where the use of this police technique has been necessary and decisive, and ending with de differentiation, broadly speaking, between other similar police figures and a special mention to the figure of the agent provocateur.
Direction
Alonso Salgado, Cristina (Tutorships)
Alonso Salgado, Cristina (Tutorships)
Court
Alonso Salgado, Cristina (Student’s tutor)
Alonso Salgado, Cristina (Student’s tutor)
Public corruption. Analysis of influence peddling.
Authorship
C.G.L.
Bachelor's Degree in Law
C.G.L.
Bachelor's Degree in Law
Defense date
07.18.2024 10:00
07.18.2024 10:00
Summary
This study focuses on the crime of influence peddling, as defined in articles 428 to 431 of the Spanish Criminal Code. An exhaustive analysis of each of these offences will be carried out, focusing on their application in the sphere of the Spanish Public Administration and their regulation within the European Union. The legal-penitentiary analysis will address various aspects, including the protected legal right, the typical conduct, culpability, authorship, the penalties imposed on those responsible and the system of insolvency. The study will be carried out with the aim of shedding light on the nature and implications of the offence of trading in influence, as well as to offer a deeper understanding of its operation in the Spanish and European legal framework. It is hoped that this analysis will provide a solid basis for the formulation of meaningful conclusions on the subject. In summary, the paper will focus on the detailed analysis of the offence of trading in influence, exploring its application in the Spanish public administration, its regulation in the European Union and various related legal-criminal aspects. The conclusions obtained will serve to enrich the debate and promote a greater understanding of this important issue in the legal sphere.
This study focuses on the crime of influence peddling, as defined in articles 428 to 431 of the Spanish Criminal Code. An exhaustive analysis of each of these offences will be carried out, focusing on their application in the sphere of the Spanish Public Administration and their regulation within the European Union. The legal-penitentiary analysis will address various aspects, including the protected legal right, the typical conduct, culpability, authorship, the penalties imposed on those responsible and the system of insolvency. The study will be carried out with the aim of shedding light on the nature and implications of the offence of trading in influence, as well as to offer a deeper understanding of its operation in the Spanish and European legal framework. It is hoped that this analysis will provide a solid basis for the formulation of meaningful conclusions on the subject. In summary, the paper will focus on the detailed analysis of the offence of trading in influence, exploring its application in the Spanish public administration, its regulation in the European Union and various related legal-criminal aspects. The conclusions obtained will serve to enrich the debate and promote a greater understanding of this important issue in the legal sphere.
Direction
VAZQUEZ-PORTOMEÑE SEIJAS, FERNANDO ANTONIO (Tutorships)
VAZQUEZ-PORTOMEÑE SEIJAS, FERNANDO ANTONIO (Tutorships)
Court
VAZQUEZ-PORTOMEÑE SEIJAS, FERNANDO ANTONIO (Student’s tutor)
VAZQUEZ-PORTOMEÑE SEIJAS, FERNANDO ANTONIO (Student’s tutor)
Bullying in college stage
Authorship
S.S.P.
Bachelor of Criminology
S.S.P.
Bachelor of Criminology
Defense date
06.27.2024 12:00
06.27.2024 12:00
Summary
School bullying is defined as a form of aggressive behavior experienced in schools or universities. It is important to understand that as a social phenomenon it transcends the barriers of the school and affects other types of population, with the same devastating effects that it can have on schoolchildren. Likewise, in this stage as in school, it is considered a serious problem that can cause negative consequences in the development of young people. For this reason, the present research studies the victimization caused by both bullying and its variant that uses ICTs, cyberbullying. It will be carried out with a sample of the population in the college stage, and this issue will be examined from the perspective of both the victim and the victimizer. The final objective is to approach a little studied phenomenon and thus be able to guide in the near future actions to address this problem, both preventively and intervention. A sample of 148 college students (78.4% female and 21.6% male) completed the measurement instruments. On the one hand, significant results were found in relation to the frequency of mild cyberbullying victimization (51.4%), whereby more than half of the sample received mild bullying behaviors.Meanwhile, in relation to traditional bullying there is a (23.6%) of mild victimization, which denotes that during the college stage, bullying behaviors in which technological means are used for their provocation are more frequent. On the other hand, a significant relationship is found between mild cyberbullying behaviors and mild traditional bullying, thus proving the interdependence between both forms of bullying, and not separating one from the other. The limitations of this study are taken into account for possible future lines of research.
School bullying is defined as a form of aggressive behavior experienced in schools or universities. It is important to understand that as a social phenomenon it transcends the barriers of the school and affects other types of population, with the same devastating effects that it can have on schoolchildren. Likewise, in this stage as in school, it is considered a serious problem that can cause negative consequences in the development of young people. For this reason, the present research studies the victimization caused by both bullying and its variant that uses ICTs, cyberbullying. It will be carried out with a sample of the population in the college stage, and this issue will be examined from the perspective of both the victim and the victimizer. The final objective is to approach a little studied phenomenon and thus be able to guide in the near future actions to address this problem, both preventively and intervention. A sample of 148 college students (78.4% female and 21.6% male) completed the measurement instruments. On the one hand, significant results were found in relation to the frequency of mild cyberbullying victimization (51.4%), whereby more than half of the sample received mild bullying behaviors.Meanwhile, in relation to traditional bullying there is a (23.6%) of mild victimization, which denotes that during the college stage, bullying behaviors in which technological means are used for their provocation are more frequent. On the other hand, a significant relationship is found between mild cyberbullying behaviors and mild traditional bullying, thus proving the interdependence between both forms of bullying, and not separating one from the other. The limitations of this study are taken into account for possible future lines of research.
Direction
VILARIÑO VAZQUEZ, MANUEL (Tutorships)
VILARIÑO VAZQUEZ, MANUEL (Tutorships)
Court
VILARIÑO VAZQUEZ, MANUEL (Student’s tutor)
VILARIÑO VAZQUEZ, MANUEL (Student’s tutor)
Shell companies under the Proposal for a directive amending Directive 2011/16/EU
Authorship
J.Y.V.
Bachelor's Degree in Law
J.Y.V.
Bachelor's Degree in Law
Defense date
07.19.2024 13:30
07.19.2024 13:30
Summary
This paper provides a comprehensive analysis of shell companies and their fiscal impact within the framework of Directive 2011/16/EU. The paper begins with a conceptual delineation, detailing the characteristics, legal personality, and purposes of shell companies, such as tax evasion and tax avoidance, as well as their various types. Measures against shell companies are addressed, including special and general clauses and the technique of piercing the corporate veil. The analysis delves into Directive 2011/16/EU, reviewing its background, amendments, and information exchange mechanisms. Subsequently, the proposal to amend Directive 2011/16/EU (ATAD 3) is presented, explaining its context, scope, and the companies required to report. The obligation to provide information, the presumption of being a shell company, and the filters through which it is constructed, as well as its fiscal consequences, are analyzed.
This paper provides a comprehensive analysis of shell companies and their fiscal impact within the framework of Directive 2011/16/EU. The paper begins with a conceptual delineation, detailing the characteristics, legal personality, and purposes of shell companies, such as tax evasion and tax avoidance, as well as their various types. Measures against shell companies are addressed, including special and general clauses and the technique of piercing the corporate veil. The analysis delves into Directive 2011/16/EU, reviewing its background, amendments, and information exchange mechanisms. Subsequently, the proposal to amend Directive 2011/16/EU (ATAD 3) is presented, explaining its context, scope, and the companies required to report. The obligation to provide information, the presumption of being a shell company, and the filters through which it is constructed, as well as its fiscal consequences, are analyzed.
Direction
GARCIA NOVOA, CESAR (Tutorships)
GARCIA NOVOA, CESAR (Tutorships)
Court
GARCIA NOVOA, CESAR (Student’s tutor)
GARCIA NOVOA, CESAR (Student’s tutor)
Access to the judicial career
Authorship
B.D.S.M.
Bachelor's Degree in Law
B.D.S.M.
Bachelor's Degree in Law
Defense date
07.18.2024 10:00
07.18.2024 10:00
Summary
The objective of this work is to analyze the various access routes to the judicial career in Spain according to what is established in the Organic Law of the Judiciary (LOPJ). Some challenges and possible biases in the selection process will be examined, criticisms towards the current model and a brief comparative analysis with foreign systems will be carried out. Additionally, some modification proposals raised to date will be reviewed and evaluated.
The objective of this work is to analyze the various access routes to the judicial career in Spain according to what is established in the Organic Law of the Judiciary (LOPJ). Some challenges and possible biases in the selection process will be examined, criticisms towards the current model and a brief comparative analysis with foreign systems will be carried out. Additionally, some modification proposals raised to date will be reviewed and evaluated.
Direction
CATALINA BENAVENTE, MARIA DE LOS ANGELES (Tutorships)
CATALINA BENAVENTE, MARIA DE LOS ANGELES (Tutorships)
Court
CATALINA BENAVENTE, MARIA DE LOS ANGELES (Student’s tutor)
CATALINA BENAVENTE, MARIA DE LOS ANGELES (Student’s tutor)
The Legal Framework of Remote Work
Authorship
A.C.R.
Bachelor's Degree in Law
A.C.R.
Bachelor's Degree in Law
Defense date
09.13.2023 12:00
09.13.2023 12:00
Summary
Remote work, as a phenomenon linked to technological innovations, plays a crucial role in labor relations, especially after the COVID-19 pandemic triggered an emergency situation that led to the confinement of all citizens. Throughout this paper, we will analyze the content of Law 10/2021 of July 9, on remote work. We will examine the characteristics and minimum content of the remote work agreement, conduct a thorough study of the rights of employees working outside the company’s premises, and address the limitations on employers’ powers to manage and control telework. Additionally, we will explore how companies should meet their obligations regarding occupational risk prevention when employees work from home. The aim of this analysis is to focus on the most important aspects of the new legal framework for remote work, highlighting both the advantages and challenges posed by this new way of organizing work activities.
Remote work, as a phenomenon linked to technological innovations, plays a crucial role in labor relations, especially after the COVID-19 pandemic triggered an emergency situation that led to the confinement of all citizens. Throughout this paper, we will analyze the content of Law 10/2021 of July 9, on remote work. We will examine the characteristics and minimum content of the remote work agreement, conduct a thorough study of the rights of employees working outside the company’s premises, and address the limitations on employers’ powers to manage and control telework. Additionally, we will explore how companies should meet their obligations regarding occupational risk prevention when employees work from home. The aim of this analysis is to focus on the most important aspects of the new legal framework for remote work, highlighting both the advantages and challenges posed by this new way of organizing work activities.
Direction
MELLA MENDEZ, LOURDES (Tutorships)
MELLA MENDEZ, LOURDES (Tutorships)
Court
MELLA MENDEZ, LOURDES (Student’s tutor)
MELLA MENDEZ, LOURDES (Student’s tutor)
Tax crime as a precursor to the crime of money laundering
Authorship
R.V.A.
Bachelor's Degree in Law
R.V.A.
Bachelor's Degree in Law
Defense date
07.22.2024 12:00
07.22.2024 12:00
Summary
This paper examines the bankruptcy relationship that arises between the tax crime as a prior crime to the crime of money laundering. In order to understand the purpose of the work, the 3 characteristics of each crime are widely developed, in order to understand the bankruptcy relationship that may subsequently arise. Firstly, the crime of money laundering will be the object of study with its different particularities, which will be relevant when competing with the tax crime. Next, the same will be done with tax crime, when it comes to knowing how to interpret its different specialties. Finally, we will deal with the bankruptcy relationship of both crimes, dealing with the different doctrinal positions in favor of real bankruptcy or those in favor of apparent competition of rules. Furthermore, we are dealing with an important reform produced in 2010 with the appearance of LO 10/2010, of April 28, on the prevention of money laundering and financing of terrorism, and LO 5/2010, of June 22, as it is modified or The Penal Code has recently introduced new features that will specifically affect the treatment of these two crimes.
This paper examines the bankruptcy relationship that arises between the tax crime as a prior crime to the crime of money laundering. In order to understand the purpose of the work, the 3 characteristics of each crime are widely developed, in order to understand the bankruptcy relationship that may subsequently arise. Firstly, the crime of money laundering will be the object of study with its different particularities, which will be relevant when competing with the tax crime. Next, the same will be done with tax crime, when it comes to knowing how to interpret its different specialties. Finally, we will deal with the bankruptcy relationship of both crimes, dealing with the different doctrinal positions in favor of real bankruptcy or those in favor of apparent competition of rules. Furthermore, we are dealing with an important reform produced in 2010 with the appearance of LO 10/2010, of April 28, on the prevention of money laundering and financing of terrorism, and LO 5/2010, of June 22, as it is modified or The Penal Code has recently introduced new features that will specifically affect the treatment of these two crimes.
Direction
IGLESIAS CASAIS, JOSE MANUEL (Tutorships)
IGLESIAS CASAIS, JOSE MANUEL (Tutorships)
Court
IGLESIAS CASAIS, JOSE MANUEL (Student’s tutor)
IGLESIAS CASAIS, JOSE MANUEL (Student’s tutor)
Economic analysis of the current Housing Law
Authorship
C.C.S.
Bachelor's Degree in Law
C.C.S.
Bachelor's Degree in Law
Defense date
09.11.2024 10:30
09.11.2024 10:30
Summary
This paper attempts to address the current problem regarding the housing market in Spain, related to the shortage of supply and excess demand, through the figure of the Economic Analysis of Law, providing context and meaning to this concept, to subsequently apply all its meaning and methodology to the current Housing Law. We will begin by consolidating the theoretical framework of the DEA, to then highlight the main legal figures in its field, and thus, once the housing situation in recent years in our country has been explained, proceed to both the positive economic and regulatory analysis of the current Housing Law, to determine both its efficiency and effectiveness, and, finally, to check whether there are optimal alternative solutions for resolving the conflict.
This paper attempts to address the current problem regarding the housing market in Spain, related to the shortage of supply and excess demand, through the figure of the Economic Analysis of Law, providing context and meaning to this concept, to subsequently apply all its meaning and methodology to the current Housing Law. We will begin by consolidating the theoretical framework of the DEA, to then highlight the main legal figures in its field, and thus, once the housing situation in recent years in our country has been explained, proceed to both the positive economic and regulatory analysis of the current Housing Law, to determine both its efficiency and effectiveness, and, finally, to check whether there are optimal alternative solutions for resolving the conflict.
Direction
SANJIAO OTERO, FRANCISCO J. (Tutorships)
SANJIAO OTERO, FRANCISCO J. (Tutorships)
Court
SANJIAO OTERO, FRANCISCO J. (Student’s tutor)
SANJIAO OTERO, FRANCISCO J. (Student’s tutor)
The wage garnishment and its peculiarities
Authorship
U.P.G.
Bachelor's Degree in Law
U.P.G.
Bachelor's Degree in Law
Defense date
09.12.2024 12:00
09.12.2024 12:00
Summary
Due to the lack of payment by contributors, debts arise in order to be levied by the Administration. This procedure is subjetc to limitatios that are not always clearly defined only in the laws, so we try to clarify them in this essay by doing a study of the most relevante jurisprudence in this area
Due to the lack of payment by contributors, debts arise in order to be levied by the Administration. This procedure is subjetc to limitatios that are not always clearly defined only in the laws, so we try to clarify them in this essay by doing a study of the most relevante jurisprudence in this area
Direction
IGLESIAS CASAIS, JOSE MANUEL (Tutorships)
IGLESIAS CASAIS, JOSE MANUEL (Tutorships)
Court
IGLESIAS CASAIS, JOSE MANUEL (Student’s tutor)
IGLESIAS CASAIS, JOSE MANUEL (Student’s tutor)
State immunity from jurisdiction in the face of serious human rights violations
Authorship
C.L.D.
Bachelor's Degree in Law
C.L.D.
Bachelor's Degree in Law
Defense date
09.11.2024 12:30
09.11.2024 12:30
Summary
When a State commits acts that constitute serious violations of human rights, it is protected by the principle of State jurisdictional immunity, to the detriment of the protection of human rights. Underlying this problem there is a dialectical relationship between the State’s immunity from jurisdiction and the victims’ right to reparation. Namely, a tension between two key principles for the international order, state sovereignty and the protection of human rights as jus cogens norms. The codification process of the regime of state immunities was crystallized un the UN Convention on Jurisdictional Immunities of States and their Property and in the national immunity acts, but it has not included an implicit solution to the tension. The ICJ, the ECtHR and national courts have followed a general jurisprudence line in the interest of jurisdictional immunity and pro homine pronouncements have been discordant and limited. Likewise, jurists who advocate for a human rights exception to immunity have first examined its framing in the exception to immunity for personal injury and damage to property, torts exception. After this, they have supported argumentative resources in the form of theories, mainly the theory of the normative hierarchy; and arguments to form the position in favor of the protection of human rights in the face of serious violations committed by the State seeking its immunity. This end-of-degree project studies the international law applicable to this situation from a multilevel approach, theoretical and practical analysis and from the perspective of the jurisprudence and legal doctrine.
When a State commits acts that constitute serious violations of human rights, it is protected by the principle of State jurisdictional immunity, to the detriment of the protection of human rights. Underlying this problem there is a dialectical relationship between the State’s immunity from jurisdiction and the victims’ right to reparation. Namely, a tension between two key principles for the international order, state sovereignty and the protection of human rights as jus cogens norms. The codification process of the regime of state immunities was crystallized un the UN Convention on Jurisdictional Immunities of States and their Property and in the national immunity acts, but it has not included an implicit solution to the tension. The ICJ, the ECtHR and national courts have followed a general jurisprudence line in the interest of jurisdictional immunity and pro homine pronouncements have been discordant and limited. Likewise, jurists who advocate for a human rights exception to immunity have first examined its framing in the exception to immunity for personal injury and damage to property, torts exception. After this, they have supported argumentative resources in the form of theories, mainly the theory of the normative hierarchy; and arguments to form the position in favor of the protection of human rights in the face of serious violations committed by the State seeking its immunity. This end-of-degree project studies the international law applicable to this situation from a multilevel approach, theoretical and practical analysis and from the perspective of the jurisprudence and legal doctrine.
Direction
JORGE URBINA, JULIO (Tutorships)
JORGE URBINA, JULIO (Tutorships)
Court
JORGE URBINA, JULIO (Student’s tutor)
JORGE URBINA, JULIO (Student’s tutor)
Medical-legal autopsy in suspicious death
Authorship
A.G.G.
Bachelor of Criminology
A.G.G.
Bachelor of Criminology
Defense date
07.18.2024 12:00
07.18.2024 12:00
Summary
The medico-legal autopsy is the one that is carried out in the field of violent and suspicious deaths, i.e., that may appear to be of unnatural origin, so this type of investigation is carried out in order to discover the causes and the moment in which the death took place. Therefore, a suspicious death can take place when there was no medical assistance, when it ocurred in the course of a process of atypical evolution or when a sudden or unexpected death took place. . The Institutes of Legal Medicina are in charge of responding to this type of death. Let us note that the most common thing is that these deaths are due to a natural cause, being the main one caused by cardiovascular diseases, followed by respiratory and digestive diseases. Women who suffer violence can be victims of homicidal, suicidal or accidental etiology. The homicidal one is the leass habitual and for her they undertaje mechanisms as they are sharp weapons and contusions. Suicide is more common in men and the most common mechanisms used are assault and percipitation. Finally, we can observe the accidents that are the most common, where traffic accidents stand out, followed by falls.
The medico-legal autopsy is the one that is carried out in the field of violent and suspicious deaths, i.e., that may appear to be of unnatural origin, so this type of investigation is carried out in order to discover the causes and the moment in which the death took place. Therefore, a suspicious death can take place when there was no medical assistance, when it ocurred in the course of a process of atypical evolution or when a sudden or unexpected death took place. . The Institutes of Legal Medicina are in charge of responding to this type of death. Let us note that the most common thing is that these deaths are due to a natural cause, being the main one caused by cardiovascular diseases, followed by respiratory and digestive diseases. Women who suffer violence can be victims of homicidal, suicidal or accidental etiology. The homicidal one is the leass habitual and for her they undertaje mechanisms as they are sharp weapons and contusions. Suicide is more common in men and the most common mechanisms used are assault and percipitation. Finally, we can observe the accidents that are the most common, where traffic accidents stand out, followed by falls.
Direction
MUÑOZ BARUS, JOSE IGNACIO (Tutorships)
MUÑOZ BARUS, JOSE IGNACIO (Tutorships)
Court
MUÑOZ BARUS, JOSE IGNACIO (Student’s tutor)
MUÑOZ BARUS, JOSE IGNACIO (Student’s tutor)
Changes in the jurisprudence regarding labor contracting after the publication of Royal Decree-Law 32/2021
Authorship
A.C.R.
Bachelor's Degree in Law
A.C.R.
Bachelor's Degree in Law
Defense date
02.16.2024 13:00
02.16.2024 13:00
Summary
The objective of this essay is analyze the main changes that have happened in the field of labor law as a result of the labor reform carried out by Royal Decree-Law 32/2021. Specifically, the reform affects the interim contracts of public administrations, the contract for a specific work/service, the fixed-discontinuous contract and the temporary contract.
The objective of this essay is analyze the main changes that have happened in the field of labor law as a result of the labor reform carried out by Royal Decree-Law 32/2021. Specifically, the reform affects the interim contracts of public administrations, the contract for a specific work/service, the fixed-discontinuous contract and the temporary contract.
Direction
FERREIRO REGUEIRO, MARIA CONSUELO (Tutorships)
FERREIRO REGUEIRO, MARIA CONSUELO (Tutorships)
Court
FERREIRO REGUEIRO, MARIA CONSUELO (Student’s tutor)
FERREIRO REGUEIRO, MARIA CONSUELO (Student’s tutor)
The military criminal process
Authorship
A.A.C.
Bachelor's Degree in Law
A.A.C.
Bachelor's Degree in Law
Defense date
07.18.2024 12:00
07.18.2024 12:00
Summary
The objective of this study is to determine the configuration that the constituent and the legislator have established in the current regulation, in order to elucidate the differences between this jurisdiction and the ordinary one. To begin this analysis, the configuration of the military jurisdiction is addressed based on the Spanish Constitution and the Organic Law on Competence and Organization of the Military Jurisdiction. This study starts with the principle of jurisdictional unity enshrined in article 117 of the Constitution, and then introduces the organic configuration of the Judges with military criminal jurisdictional authority. Subsequently, the characteristic elements related to the participants in the military criminal process will be developed. To accomplish this task, in addition to jurisprudence, the content provided by the Military Procedural Law will be examined in contrast with the normative development of the Criminal Procedure Law. Finally, by way of conclusion, the ideas that can be drawn from this work will be presented, attempting to resolve those issues that the sections introduced by this text may raise.
The objective of this study is to determine the configuration that the constituent and the legislator have established in the current regulation, in order to elucidate the differences between this jurisdiction and the ordinary one. To begin this analysis, the configuration of the military jurisdiction is addressed based on the Spanish Constitution and the Organic Law on Competence and Organization of the Military Jurisdiction. This study starts with the principle of jurisdictional unity enshrined in article 117 of the Constitution, and then introduces the organic configuration of the Judges with military criminal jurisdictional authority. Subsequently, the characteristic elements related to the participants in the military criminal process will be developed. To accomplish this task, in addition to jurisprudence, the content provided by the Military Procedural Law will be examined in contrast with the normative development of the Criminal Procedure Law. Finally, by way of conclusion, the ideas that can be drawn from this work will be presented, attempting to resolve those issues that the sections introduced by this text may raise.
Direction
Varela Gomez, Bernardino (Tutorships)
Varela Gomez, Bernardino (Tutorships)
Court
Varela Gomez, Bernardino (Student’s tutor)
Varela Gomez, Bernardino (Student’s tutor)
Shareholder's right to information in capital mercantile companies
Authorship
M.F.C.
Bachelor's Degree in Law
M.F.C.
Bachelor's Degree in Law
Defense date
07.22.2024 12:30
07.22.2024 12:30
Summary
The right to informacion is one of the basic rights recognized to the shareholder by the Capital Company Law (article 93). This right is closely related with the celebration of the General Meeting, and has a spcecifc regulation for the anonymus companies and limited companies. The law also specifically recognizes a right to accounting information, and regulates the possibility of challenging corporate agreements as a consequence of the violation of the right to information. In this work we analyze the different modalities of exercise of the right, and the obligations that, in each case, the shareholders and the administrators in charge of responding to the request have. We also examine the scope and content of the right, and the possibility of denying access to information by the administrators. And finally, we refer to the consequences of its infringement, in particular, the possible challenge of social agreements. All of this without losing sight of the underlying question of the nature of the right to informaction, and carrying out a critical analysis of the current regulation.
The right to informacion is one of the basic rights recognized to the shareholder by the Capital Company Law (article 93). This right is closely related with the celebration of the General Meeting, and has a spcecifc regulation for the anonymus companies and limited companies. The law also specifically recognizes a right to accounting information, and regulates the possibility of challenging corporate agreements as a consequence of the violation of the right to information. In this work we analyze the different modalities of exercise of the right, and the obligations that, in each case, the shareholders and the administrators in charge of responding to the request have. We also examine the scope and content of the right, and the possibility of denying access to information by the administrators. And finally, we refer to the consequences of its infringement, in particular, the possible challenge of social agreements. All of this without losing sight of the underlying question of the nature of the right to informaction, and carrying out a critical analysis of the current regulation.
Direction
GARCIA VIDAL, ANGEL (Tutorships)
GARCIA VIDAL, ANGEL (Tutorships)
Court
Fernández-Albor Baltar, Ángel (Chairman)
FRAMIÑAN SANTAS, FRANCISCO JAVIER (Secretary)
MAROÑO GARGALLO, MARIA DEL MAR (Member)
Fernández-Albor Baltar, Ángel (Chairman)
FRAMIÑAN SANTAS, FRANCISCO JAVIER (Secretary)
MAROÑO GARGALLO, MARIA DEL MAR (Member)
Amnesty in Spain: Legal Analysis from the Perspective of Organic Law 1/2024, of June 10, on amnesty for institutional, political and social normalization in Catalonia.
Authorship
L.V.C.
Bachelor's Degree in Law
L.V.C.
Bachelor's Degree in Law
Defense date
07.02.2024 12:30
07.02.2024 12:30
Summary
The objective of this work focuses on the legal analysis of the concept of amnesty in Spain, particularly through the recent Organic Law 1/2024, for institutional, political, and social normalization in Catalonia. The figure of amnesty is examined from various perspectives, considering its theoretical aspects, such as its definition, characteristics, and constitutional framework, as well as doctrinal and jurisprudential debates regarding its constitutionality. The study begins with a historical review of the Amnesty Law of 1977, which was key during the Spanish Transition to facilitate national reconciliation. This law served as a significant precedent and is contrasted with the current situation, marked by conflicts arising from the Catalan independence movement. The legal controversy surrounding amnesty is addressed, highlighting the opposing views of renowned jurists. While some, like Javier Pérez-Royo, defend the constitutionality of amnesty based on the supremacy of the legislative power and the need for social reconciliation, others, like Manuel Aragón or Roberto Blanco Valdés, argue that such a measure violates fundamental principles such as equality before the law, judicial independence, and the separation of powers. Additionally, the similarities and differences between different types of clemency, amnesty, and pardon are explored, clarifying that amnesty implies the forgetting of crimes, while a pardon only forgives the penalty without erasing the crime. Furthermore, the analysis of the criticisms and controversies surrounding the 2024 Amnesty Law is addressed, including its social and political impact. In conclusion, this work aims to provide a comprehensive view of amnesty, highlighting its legal implications and its role as a conflict resolution mechanism. The objective is to offer an informed basis for readers to form their own opinion on this controversial topic.
The objective of this work focuses on the legal analysis of the concept of amnesty in Spain, particularly through the recent Organic Law 1/2024, for institutional, political, and social normalization in Catalonia. The figure of amnesty is examined from various perspectives, considering its theoretical aspects, such as its definition, characteristics, and constitutional framework, as well as doctrinal and jurisprudential debates regarding its constitutionality. The study begins with a historical review of the Amnesty Law of 1977, which was key during the Spanish Transition to facilitate national reconciliation. This law served as a significant precedent and is contrasted with the current situation, marked by conflicts arising from the Catalan independence movement. The legal controversy surrounding amnesty is addressed, highlighting the opposing views of renowned jurists. While some, like Javier Pérez-Royo, defend the constitutionality of amnesty based on the supremacy of the legislative power and the need for social reconciliation, others, like Manuel Aragón or Roberto Blanco Valdés, argue that such a measure violates fundamental principles such as equality before the law, judicial independence, and the separation of powers. Additionally, the similarities and differences between different types of clemency, amnesty, and pardon are explored, clarifying that amnesty implies the forgetting of crimes, while a pardon only forgives the penalty without erasing the crime. Furthermore, the analysis of the criticisms and controversies surrounding the 2024 Amnesty Law is addressed, including its social and political impact. In conclusion, this work aims to provide a comprehensive view of amnesty, highlighting its legal implications and its role as a conflict resolution mechanism. The objective is to offer an informed basis for readers to form their own opinion on this controversial topic.
Direction
FERNANDEZ RODRIGUEZ, JOSE JULIO (Tutorships)
FERNANDEZ RODRIGUEZ, JOSE JULIO (Tutorships)
Court
FERNANDEZ RODRIGUEZ, JOSE JULIO (Student’s tutor)
FERNANDEZ RODRIGUEZ, JOSE JULIO (Student’s tutor)
Financial law as a tool for the fight against poverty? An study from the perspective of the 2030 Agenda
Authorship
I.L.C.L.
Bachelor's Degree in Law
I.L.C.L.
Bachelor's Degree in Law
Defense date
07.22.2024 12:00
07.22.2024 12:00
Summary
The 2030 Agenda for Sustainable Development, adopted by the Member States of the United Nations in 2015, outlines the roadmap to follow to achieve a sustainable and equitable future. Comprised of 17 Sustainable Development Goals, this project will focus on addressing Goal 1 in its target 1.1: by 2030, eradicate extreme poverty for all people everywhere. This topic has become particularly relevant nowadays due to the global challenges in the last few years. Under these circumstances, the States must have a strong fiscal framework which facilitates the mobilization of resources and the financing of programmes aimed at achieving the well-being of society. Therefore, this analysis is preceded by the study of the regulatory frameworks in which the SDGs are developed and the policies implemented both nationally and internationally to achieve SDG 1, which offer specific strategies in tax matters. In the same way, some of the measures implemented, differentiating between direct taxes (PIT) and indirect taxes (VAT), are tackled both nationally and in the Autonomous Community of Galicia. Moreover, the Minimum Living Income, one of the key measures in public expenditure policies, is examined in special detail. From another point of view, one of the main challenges that endanger the commitment and capacity of governments to achieve the goals set in the 2030 Agenda is tax evasion and financial flows to non-cooperative jurisdictions. Therefore, it is essential to strengthen international cooperation and fiscal policies to ensure greater transparency and responsibility, this idea is the last reflection of the study conducted.
The 2030 Agenda for Sustainable Development, adopted by the Member States of the United Nations in 2015, outlines the roadmap to follow to achieve a sustainable and equitable future. Comprised of 17 Sustainable Development Goals, this project will focus on addressing Goal 1 in its target 1.1: by 2030, eradicate extreme poverty for all people everywhere. This topic has become particularly relevant nowadays due to the global challenges in the last few years. Under these circumstances, the States must have a strong fiscal framework which facilitates the mobilization of resources and the financing of programmes aimed at achieving the well-being of society. Therefore, this analysis is preceded by the study of the regulatory frameworks in which the SDGs are developed and the policies implemented both nationally and internationally to achieve SDG 1, which offer specific strategies in tax matters. In the same way, some of the measures implemented, differentiating between direct taxes (PIT) and indirect taxes (VAT), are tackled both nationally and in the Autonomous Community of Galicia. Moreover, the Minimum Living Income, one of the key measures in public expenditure policies, is examined in special detail. From another point of view, one of the main challenges that endanger the commitment and capacity of governments to achieve the goals set in the 2030 Agenda is tax evasion and financial flows to non-cooperative jurisdictions. Therefore, it is essential to strengthen international cooperation and fiscal policies to ensure greater transparency and responsibility, this idea is the last reflection of the study conducted.
Direction
Villaverde Gómez, María Begoña (Tutorships)
Villaverde Gómez, María Begoña (Tutorships)
Court
Villaverde Gómez, María Begoña (Student’s tutor)
Villaverde Gómez, María Begoña (Student’s tutor)
Urgent compulsory expropriation
Authorship
M.V.D.V.
Bachelor's Degree in Law
M.V.D.V.
Bachelor's Degree in Law
Defense date
06.27.2024 10:00
06.27.2024 10:00
Summary
Forced expropriation is a coercive deprivation of private property. It is a legal mechanism by which the public administration acquires property or rights from a private individual to satisfy needs of public utility or social interest. The expropriated party must receive fair compensation for the loss of his or her property. Urgent compulsory expropriation is currently regulated by Article 52 of the Law on Forced Expropriation of 16 December 1954. It is a tool of an ‘exceptional’ nature, to which administrations resort in situations in which the speedy acquisition of property or rights is essential for the public or social interest. Expropriations can also be conducted through the ordinary compulsory purchase procedure or through special procedures. The phases of the emergency procedure are altered with respect to the ordinary procedure. This means that the occupation of the property is conducted before the payment of compensation. If the actual payment of compensation takes longer than six months, it is stipulated that interest for past due payment must be paid.
Forced expropriation is a coercive deprivation of private property. It is a legal mechanism by which the public administration acquires property or rights from a private individual to satisfy needs of public utility or social interest. The expropriated party must receive fair compensation for the loss of his or her property. Urgent compulsory expropriation is currently regulated by Article 52 of the Law on Forced Expropriation of 16 December 1954. It is a tool of an ‘exceptional’ nature, to which administrations resort in situations in which the speedy acquisition of property or rights is essential for the public or social interest. Expropriations can also be conducted through the ordinary compulsory purchase procedure or through special procedures. The phases of the emergency procedure are altered with respect to the ordinary procedure. This means that the occupation of the property is conducted before the payment of compensation. If the actual payment of compensation takes longer than six months, it is stipulated that interest for past due payment must be paid.
Direction
VILLANUEVA TURNES, ALEJANDRO (Tutorships)
VILLANUEVA TURNES, ALEJANDRO (Tutorships)
Court
VILLANUEVA TURNES, ALEJANDRO (Student’s tutor)
VILLANUEVA TURNES, ALEJANDRO (Student’s tutor)
Analysis of the right to digital disconnection in the field of teleworking
Authorship
E.C.R.
Bachelor's Degree in Law
E.C.R.
Bachelor's Degree in Law
Defense date
06.27.2024 18:30
06.27.2024 18:30
Summary
With the rise of new technologies, new forms of work have emerged, such as telecommuting and, within this, teleworking, which have led to the need to strengthen workers’ rights. This has given rise to the right to digital disconnection, which is recognised and defined in various provisions of our legal system, but whose regulation is left to collective bargaining. Therefore, doubts arise as to the content of this right, since, as it is left to collective bargaining agreements, its content will vary depending on its scope of application, with the result that, as we shall see hereunder, many of them do not regulate this right at all. Therefore, the aim of this project will be to try to provide a possible solution to this problem in its regulation, proposing a definition that can be applied regardless of the company or sector.
With the rise of new technologies, new forms of work have emerged, such as telecommuting and, within this, teleworking, which have led to the need to strengthen workers’ rights. This has given rise to the right to digital disconnection, which is recognised and defined in various provisions of our legal system, but whose regulation is left to collective bargaining. Therefore, doubts arise as to the content of this right, since, as it is left to collective bargaining agreements, its content will vary depending on its scope of application, with the result that, as we shall see hereunder, many of them do not regulate this right at all. Therefore, the aim of this project will be to try to provide a possible solution to this problem in its regulation, proposing a definition that can be applied regardless of the company or sector.
Direction
VILLALBA SANCHEZ, ALICIA (Tutorships)
VILLALBA SANCHEZ, ALICIA (Tutorships)
Court
VILLALBA SANCHEZ, ALICIA (Student’s tutor)
VILLALBA SANCHEZ, ALICIA (Student’s tutor)
Undergraduate Dissertation
Authorship
C.C.R.
Bachelor of Criminology
C.C.R.
Bachelor of Criminology
Defense date
02.16.2024 10:00
02.16.2024 10:00
Summary
El ácido desoxirribonucleico (ADN) es una composición orgánica, la cual contiene información genética para el funcionamiento de los organismos vivos. El ADN puede encontrarse en todas partes, esto es debido a que nos desprendemos continuamente de él, por ello, es interesante entender por qué el ADN que puede encontrarse en la escena de un crimen puede no estar relacionado con el mismo, una explicación de esto podría ser la trasferencia secundaria. La trasferencia secundaria de ADN es la trasmisión de material genético a otra persona o superficie por haber estado en contacto con esta, algo que también puede producirse a través de fluidos corporales o células cutáneas. Por ello, es importante entender qué circunstancias y condicionantes pueden explicar que se detecte el perfil genético de una persona en la escena de un crimen, para evaluar el grado de implicación del sujeto en los hechos tipificados como delito. El presente trabajo se trata de una revisión bibliográfica que pretende realizar un análisis comparativo de distintos artículos relacionados con trasferencias secundarias de ADN para estudiar qué factores afectan a dicha transferencia como son: el material, es decir, qué superficies serían mejores recipientes de material genético, características de los donantes (sexo y edad), la forma de contacto, ya que esta puede ser determinante en la cantidad de material genético que se transfiera.
El ácido desoxirribonucleico (ADN) es una composición orgánica, la cual contiene información genética para el funcionamiento de los organismos vivos. El ADN puede encontrarse en todas partes, esto es debido a que nos desprendemos continuamente de él, por ello, es interesante entender por qué el ADN que puede encontrarse en la escena de un crimen puede no estar relacionado con el mismo, una explicación de esto podría ser la trasferencia secundaria. La trasferencia secundaria de ADN es la trasmisión de material genético a otra persona o superficie por haber estado en contacto con esta, algo que también puede producirse a través de fluidos corporales o células cutáneas. Por ello, es importante entender qué circunstancias y condicionantes pueden explicar que se detecte el perfil genético de una persona en la escena de un crimen, para evaluar el grado de implicación del sujeto en los hechos tipificados como delito. El presente trabajo se trata de una revisión bibliográfica que pretende realizar un análisis comparativo de distintos artículos relacionados con trasferencias secundarias de ADN para estudiar qué factores afectan a dicha transferencia como son: el material, es decir, qué superficies serían mejores recipientes de material genético, características de los donantes (sexo y edad), la forma de contacto, ya que esta puede ser determinante en la cantidad de material genético que se transfiera.
Direction
LAREU HUIDOBRO, MARIA VICTORIA (Tutorships)
MOSQUERA MIGUEL, ANA (Co-tutorships)
LAREU HUIDOBRO, MARIA VICTORIA (Tutorships)
MOSQUERA MIGUEL, ANA (Co-tutorships)
Court
LAREU HUIDOBRO, MARIA VICTORIA (Student’s tutor)
MOSQUERA MIGUEL, ANA (Student’s tutor)
LAREU HUIDOBRO, MARIA VICTORIA (Student’s tutor)
MOSQUERA MIGUEL, ANA (Student’s tutor)
Patrimonial liability of healthcare administration
Authorship
A.V.D.
Bachelor's Degree in Law
A.V.D.
Bachelor's Degree in Law
Defense date
02.16.2024 11:00
02.16.2024 11:00
Summary
The present work aims, firstly, at the overall configuration of the patrimonial liability of Spain's public administration. To achieve this, we will proceed to outline its main characteristics, its legal framework, the necessary conditions for its concurrence, the jurisprudential doctrine on the subject (examining how it has evolved in different aspects), the criteria applied for calculating compensation, and the development of the procedure for claiming liability. Following this general framework, we will apply this to the healthcare sector, where, as we will see, claims of patrimonial liability are quite frequent. For this purpose, we will analyze the specificities found in healthcare, such as the application of the so-called lex artis, the doctrine of the loss of opportunity, or the importance of the patient's informed consent. To conclude this project, we will present the conclusions drawn from the study of the patrimonial liability of the administration in general and of the healthcare administration.
The present work aims, firstly, at the overall configuration of the patrimonial liability of Spain's public administration. To achieve this, we will proceed to outline its main characteristics, its legal framework, the necessary conditions for its concurrence, the jurisprudential doctrine on the subject (examining how it has evolved in different aspects), the criteria applied for calculating compensation, and the development of the procedure for claiming liability. Following this general framework, we will apply this to the healthcare sector, where, as we will see, claims of patrimonial liability are quite frequent. For this purpose, we will analyze the specificities found in healthcare, such as the application of the so-called lex artis, the doctrine of the loss of opportunity, or the importance of the patient's informed consent. To conclude this project, we will present the conclusions drawn from the study of the patrimonial liability of the administration in general and of the healthcare administration.
Direction
VILLANUEVA TURNES, ALEJANDRO (Tutorships)
VILLANUEVA TURNES, ALEJANDRO (Tutorships)
Court
VILLANUEVA TURNES, ALEJANDRO (Student’s tutor)
VILLANUEVA TURNES, ALEJANDRO (Student’s tutor)
Cryptocurrency money laundering
Authorship
S.M.C.
Bachelor's Degree in Criminology
S.M.C.
Bachelor's Degree in Criminology
Defense date
06.28.2024 10:00
06.28.2024 10:00
Summary
Any discovery introduced by humans can be very beneficial to society. As in everything, but especially in the world of the Internet, progress is going at breakneck speed, so fast that it is not possible for governments to legislate at the same pace. Information and communication technologies, electronic money, cryptocurrencies, and blockchain technology seem, a priori, to be only facilitating agents of daily work, but little by little opportunities for illicit activities are emerging that represent an economic benefit for some and an urgent need for regulatory development for others, in order to reduce risks and maintain confidence in the financial system. And, although the purpose of the Crypto world is decentralization, the absence of a central authority that manages and administers virtual currencies does not prevent governments, administrations and authorities from designing consensus mechanisms, common rules in the European space that prevent the transfer of crime to cyberspace, through crimes such as money laundering, in particular, but also the financing of terrorist activities, tax fraud, trafficking in illicit materials,...
Any discovery introduced by humans can be very beneficial to society. As in everything, but especially in the world of the Internet, progress is going at breakneck speed, so fast that it is not possible for governments to legislate at the same pace. Information and communication technologies, electronic money, cryptocurrencies, and blockchain technology seem, a priori, to be only facilitating agents of daily work, but little by little opportunities for illicit activities are emerging that represent an economic benefit for some and an urgent need for regulatory development for others, in order to reduce risks and maintain confidence in the financial system. And, although the purpose of the Crypto world is decentralization, the absence of a central authority that manages and administers virtual currencies does not prevent governments, administrations and authorities from designing consensus mechanisms, common rules in the European space that prevent the transfer of crime to cyberspace, through crimes such as money laundering, in particular, but also the financing of terrorist activities, tax fraud, trafficking in illicit materials,...
Direction
VAZQUEZ-PORTOMEÑE SEIJAS, FERNANDO ANTONIO (Tutorships)
VAZQUEZ-PORTOMEÑE SEIJAS, FERNANDO ANTONIO (Tutorships)
Court
VAZQUEZ-PORTOMEÑE SEIJAS, FERNANDO ANTONIO (Student’s tutor)
VAZQUEZ-PORTOMEÑE SEIJAS, FERNANDO ANTONIO (Student’s tutor)
Inheritance agreements in the Galician Civil Law Act
Authorship
M.N.S.C.
Bachelor's Degree in Law
M.N.S.C.
Bachelor's Degree in Law
Defense date
06.27.2024 12:30
06.27.2024 12:30
Summary
Both the improvement pact and the separation pact make up the bulk of the contractual succession in the Galician Autonomous Community; despite its express regulation in the Galician Civil Law Act 2/2006, there are numerous issues subject to doctrinal and jurisprudential debate that should not be overlooked.We are dealing with a form of inheritance by which a person disposes, during his lifetime, of property and rights with the intention of transmitting them in favor of his descendants. Notwithstanding its customary origin, contractual succession in Galicia has, at present, an important weight due to the fiscal prerogatives involved in its celebration; hence the number of inheritances during life in Galicia has not ceased to increase in recent years.Although it is a peculiarity of the Galician territory, it is not exclusive to it.
Both the improvement pact and the separation pact make up the bulk of the contractual succession in the Galician Autonomous Community; despite its express regulation in the Galician Civil Law Act 2/2006, there are numerous issues subject to doctrinal and jurisprudential debate that should not be overlooked.We are dealing with a form of inheritance by which a person disposes, during his lifetime, of property and rights with the intention of transmitting them in favor of his descendants. Notwithstanding its customary origin, contractual succession in Galicia has, at present, an important weight due to the fiscal prerogatives involved in its celebration; hence the number of inheritances during life in Galicia has not ceased to increase in recent years.Although it is a peculiarity of the Galician territory, it is not exclusive to it.
Direction
ESPIN ALBA, ISABEL (Tutorships)
ESPIN ALBA, ISABEL (Tutorships)
Court
ESPIN ALBA, ISABEL (Student’s tutor)
ESPIN ALBA, ISABEL (Student’s tutor)
The need for tax reform in Spain
Authorship
P.P.S.
Bachelor's Degree in Law
P.P.S.
Bachelor's Degree in Law
Defense date
06.28.2024 17:45
06.28.2024 17:45
Summary
This paper addresses the need for tax reform in Spain, considering both the national and regional context and the comparison with other European countries. The question of the need for such a reform in our country responds to the current challenges, from the existing economic imbalances to various global factors such as the Russian-Ukrainian war and the still persistent consequences of COVID-19. These elements require a thorough review of the tax system to ensure its efficiency, fairness and sustainability. However, in addition to addressing the question of why a tax reform is necessary in Spain, special mention should be made of the aims and objectives pursued with the aforementioned reform, the main purpose of which is to increase tax competitiveness, as well as to improve the collection efficiency and redistributive capacity of the State. In this way, the inclusion of new taxes and the foreseeable improvement of the 3 basic taxes on which the Spanish tax system is based, Personal Income Tax, VAT and Corporate Income Tax, are also brought to analysis. With regard to VAT, the purpose of the reform is to reduce the generalized increase in the CPI and the search for a fiscal policy that focuses on the welfare of citizens; and with regard to the most important direct taxes (personal income tax and corporate income tax), the aim is to increase tax competitiveness, including reductions in tax rates to reduce the existing high tax burden.
This paper addresses the need for tax reform in Spain, considering both the national and regional context and the comparison with other European countries. The question of the need for such a reform in our country responds to the current challenges, from the existing economic imbalances to various global factors such as the Russian-Ukrainian war and the still persistent consequences of COVID-19. These elements require a thorough review of the tax system to ensure its efficiency, fairness and sustainability. However, in addition to addressing the question of why a tax reform is necessary in Spain, special mention should be made of the aims and objectives pursued with the aforementioned reform, the main purpose of which is to increase tax competitiveness, as well as to improve the collection efficiency and redistributive capacity of the State. In this way, the inclusion of new taxes and the foreseeable improvement of the 3 basic taxes on which the Spanish tax system is based, Personal Income Tax, VAT and Corporate Income Tax, are also brought to analysis. With regard to VAT, the purpose of the reform is to reduce the generalized increase in the CPI and the search for a fiscal policy that focuses on the welfare of citizens; and with regard to the most important direct taxes (personal income tax and corporate income tax), the aim is to increase tax competitiveness, including reductions in tax rates to reduce the existing high tax burden.
Direction
FERREIRO SEOANE, FRANCISCO JESUS (Tutorships)
FERREIRO SEOANE, FRANCISCO JESUS (Tutorships)
Court
FERREIRO SEOANE, FRANCISCO JESUS (Student’s tutor)
FERREIRO SEOANE, FRANCISCO JESUS (Student’s tutor)
The undercover police agent
Authorship
C.L.C.
Bachelor's Degree in Law
C.L.C.
Bachelor's Degree in Law
Defense date
02.16.2024 10:45
02.16.2024 10:45
Summary
Over the years and new advances in logistics and technology, every day is more complicated combat organized crime. The undercover agent is a tool introduced into our legal system, whose purpose is combat criminal organizations. The objective of this labour is to know this figure in depth, analyze its regulation, as well as its requirements and limits, among other things.
Over the years and new advances in logistics and technology, every day is more complicated combat organized crime. The undercover agent is a tool introduced into our legal system, whose purpose is combat criminal organizations. The objective of this labour is to know this figure in depth, analyze its regulation, as well as its requirements and limits, among other things.
Direction
RODRIGUEZ ALVAREZ, ANA (Tutorships)
RODRIGUEZ ALVAREZ, ANA (Tutorships)
Court
RODRIGUEZ ALVAREZ, ANA (Student’s tutor)
RODRIGUEZ ALVAREZ, ANA (Student’s tutor)
Frontier Workers: Concept and the power to tax their earned income
Authorship
J.P.O.
Bachelor's Degree in Law
J.P.O.
Bachelor's Degree in Law
Defense date
09.11.2024 17:00
09.11.2024 17:00
Summary
The purpose of this paper is to study the figure of cross-border workers in the current context of globalisation. To this end, an exhaustive analysis will be carried out of the concept of cross-border worker, from a legal and, in particular, tax perspective, as well as of the concept of tax residence. Furthermore, this concept will be examined in the agreements to avoid double taxation signed by Spain with Portugal, France, Andorra, Gibraltar and Morocco in order to determine the main characteristics of the taxation of the income obtained by these workers.
The purpose of this paper is to study the figure of cross-border workers in the current context of globalisation. To this end, an exhaustive analysis will be carried out of the concept of cross-border worker, from a legal and, in particular, tax perspective, as well as of the concept of tax residence. Furthermore, this concept will be examined in the agreements to avoid double taxation signed by Spain with Portugal, France, Andorra, Gibraltar and Morocco in order to determine the main characteristics of the taxation of the income obtained by these workers.
Direction
RUIBAL PEREIRA, LUZ MARIA (Tutorships)
RUIBAL PEREIRA, LUZ MARIA (Tutorships)
Court
RUIBAL PEREIRA, LUZ MARIA (Student’s tutor)
RUIBAL PEREIRA, LUZ MARIA (Student’s tutor)
The Civil Guard
Authorship
S.L.C.
Bachelor of Criminology
S.L.C.
Bachelor of Criminology
Defense date
06.27.2024 10:30
06.27.2024 10:30
Summary
This work will talk about Civil Guard Corps. It will address the history of the corps from its origins to the present to the present day. It will be analyzed the most representative laws and regulations that regulate the corps, as well as its current organizational structure, the different categories of the corps that can be accessed depending on the skills required in each of them, its generic and specific functions and the different services that make up the corps, that is, its specialties. Finally, will be pointed out the collaboration of the Civil Guard with international organizations, exposing some of the organizations where the corps is currently present.
This work will talk about Civil Guard Corps. It will address the history of the corps from its origins to the present to the present day. It will be analyzed the most representative laws and regulations that regulate the corps, as well as its current organizational structure, the different categories of the corps that can be accessed depending on the skills required in each of them, its generic and specific functions and the different services that make up the corps, that is, its specialties. Finally, will be pointed out the collaboration of the Civil Guard with international organizations, exposing some of the organizations where the corps is currently present.
Direction
VILLANUEVA TURNES, ALEJANDRO (Tutorships)
VILLANUEVA TURNES, ALEJANDRO (Tutorships)
Court
VILLANUEVA TURNES, ALEJANDRO (Student’s tutor)
VILLANUEVA TURNES, ALEJANDRO (Student’s tutor)
An Approach to the Gaza Conflict from the Perspective of International Law
Authorship
C.B.F.
Bachelor's Degree in Law
C.B.F.
Bachelor's Degree in Law
Defense date
07.18.2024 12:00
07.18.2024 12:00
Summary
The armed conflict between Palestine and the State of Israel has shaken society around the world. After more than six decades of conflict, it continues to these days, shocking an entire society due to the harshness of the attacks and the great humanitarian crisis that Palestinian refugees are suffering. In order to delve deeper into the subject this project analyzes the entire history of the Gaza conflict from its beginnings to the present, as well as provides the vision of International Law on various aspects, such as the occupation of the Palestinian territories, the attacks of Hamas, or the responsibility, both international and individual of the subjects involved in the crimes committed in the midst of this conflict.
The armed conflict between Palestine and the State of Israel has shaken society around the world. After more than six decades of conflict, it continues to these days, shocking an entire society due to the harshness of the attacks and the great humanitarian crisis that Palestinian refugees are suffering. In order to delve deeper into the subject this project analyzes the entire history of the Gaza conflict from its beginnings to the present, as well as provides the vision of International Law on various aspects, such as the occupation of the Palestinian territories, the attacks of Hamas, or the responsibility, both international and individual of the subjects involved in the crimes committed in the midst of this conflict.
Direction
PONTE IGLESIAS, MARIA TERESA (Tutorships)
PONTE IGLESIAS, MARIA TERESA (Tutorships)
Court
PONTE IGLESIAS, MARIA TERESA (Student’s tutor)
PONTE IGLESIAS, MARIA TERESA (Student’s tutor)
Double instance in the Contentious-Administrative Jurisdictional Order
Authorship
A.F.C.
Bachelor of Criminology
A.F.C.
Bachelor of Criminology
Defense date
07.01.2024 12:00
07.01.2024 12:00
Summary
Administrative Penalties Law, often wrongly considered the little brother of Criminal Law, plays a fundamental role in the judicial and administrative system in our country. Despite its apparent lesser importance in comparison with Criminal Law, due to its characteristic flexibility of the procedural principles, its influence and weight are undeniable. Having a significant impact on the Spanish legal system, we find numerous cases that have been transcendental and have set the standard in Spanish doctrine and jurisprudence, both in administrative and judicial proceedings. In this regard we will address, in the following paper, a case that has generated some controversy regarding the right to a second hearing for administrative offenses of a criminal nature, the Strasbourg Court Judgment No. 50514/13, Saquetti Iglesias v. Spain, which condemns Spain for failing to comply with Article 2 of Protocol No. 7 of the European Convention on Human Rights. This case has raised the dilemma between opting for a jurisprudential solution, using the appeal in cassation as a tool to satisfy the recommendations of the Protocol to the ECHR, or a legislative one, leading to the appearance of a draft organic law to regulate the right of defense, which aims to introduce the double instance in the contentious-administrative jurisdiction. In summary, this study aims to be a valuable contribution to try to collaborate in the understanding of this field of law, and urges reflection and participation in dialogue and debate on the subject, in order to enrich the collective understanding and expose a subject of which, perhaps, there is not so much generalized knowledge.
Administrative Penalties Law, often wrongly considered the little brother of Criminal Law, plays a fundamental role in the judicial and administrative system in our country. Despite its apparent lesser importance in comparison with Criminal Law, due to its characteristic flexibility of the procedural principles, its influence and weight are undeniable. Having a significant impact on the Spanish legal system, we find numerous cases that have been transcendental and have set the standard in Spanish doctrine and jurisprudence, both in administrative and judicial proceedings. In this regard we will address, in the following paper, a case that has generated some controversy regarding the right to a second hearing for administrative offenses of a criminal nature, the Strasbourg Court Judgment No. 50514/13, Saquetti Iglesias v. Spain, which condemns Spain for failing to comply with Article 2 of Protocol No. 7 of the European Convention on Human Rights. This case has raised the dilemma between opting for a jurisprudential solution, using the appeal in cassation as a tool to satisfy the recommendations of the Protocol to the ECHR, or a legislative one, leading to the appearance of a draft organic law to regulate the right of defense, which aims to introduce the double instance in the contentious-administrative jurisdiction. In summary, this study aims to be a valuable contribution to try to collaborate in the understanding of this field of law, and urges reflection and participation in dialogue and debate on the subject, in order to enrich the collective understanding and expose a subject of which, perhaps, there is not so much generalized knowledge.
Direction
Miguez Macho, Luis (Tutorships)
Miguez Macho, Luis (Tutorships)
Court
Miguez Macho, Luis (Student’s tutor)
Miguez Macho, Luis (Student’s tutor)
Merger control of technology companies in digital markets
Authorship
P.P.M.
Bachelor's Degree in Law
P.P.M.
Bachelor's Degree in Law
Defense date
07.22.2024 11:30
07.22.2024 11:30
Summary
This Bachelor's Thesis examines the merger control of digital companies within the framework of the European Union, focusing on network effects, multilateral markets, and digital platforms. It analyzes how digital companies, through strategic acquisitions and leveraging network effects, can consolidate market positions that challenge and undermine competition. In particular, it addresses issues such as 'killer acquisitions,' the lack of adequate notifications, the difficulty in defining relevant markets affected by mergers, or the complexity of finding an appropriate parameter to measure harm. The study includes the analysis of emblematic cases such as the acquisitions of Instagram and WhatsApp by Meta (Facebook), and the purchase of Activision by Microsoft. These 2 cases illustrate the challenges that regulatory authorities face in protecting competition and innovation, highlighting the need for an adaptive and robust regulatory framework. Relevant regulations are also reviewed, including Article 22 of the Merger Regulation (EUMR), the Digital Markets Act (DMA), and the Digital Services Act (DSA). These laws represent significant advances in the regulation of digital markets, but also pose challenges in terms of their effective application and adaptation to rapid technological transformations. In conclusion, the importance of balancing regulation with the promotion of innovation and consumer protection is emphasized. It is essential that regulations continuously evolve to address the dynamic changes in the digital market. Although significant progress has been made, further work is needed to ensure a competitive, innovative, and equitable digital environment.
This Bachelor's Thesis examines the merger control of digital companies within the framework of the European Union, focusing on network effects, multilateral markets, and digital platforms. It analyzes how digital companies, through strategic acquisitions and leveraging network effects, can consolidate market positions that challenge and undermine competition. In particular, it addresses issues such as 'killer acquisitions,' the lack of adequate notifications, the difficulty in defining relevant markets affected by mergers, or the complexity of finding an appropriate parameter to measure harm. The study includes the analysis of emblematic cases such as the acquisitions of Instagram and WhatsApp by Meta (Facebook), and the purchase of Activision by Microsoft. These 2 cases illustrate the challenges that regulatory authorities face in protecting competition and innovation, highlighting the need for an adaptive and robust regulatory framework. Relevant regulations are also reviewed, including Article 22 of the Merger Regulation (EUMR), the Digital Markets Act (DMA), and the Digital Services Act (DSA). These laws represent significant advances in the regulation of digital markets, but also pose challenges in terms of their effective application and adaptation to rapid technological transformations. In conclusion, the importance of balancing regulation with the promotion of innovation and consumer protection is emphasized. It is essential that regulations continuously evolve to address the dynamic changes in the digital market. Although significant progress has been made, further work is needed to ensure a competitive, innovative, and equitable digital environment.
Direction
HERNANDEZ RODRIGUEZ, FRANCISCO (Tutorships)
HERNANDEZ RODRIGUEZ, FRANCISCO (Tutorships)
Court
HERNANDEZ RODRIGUEZ, FRANCISCO (Student’s tutor)
HERNANDEZ RODRIGUEZ, FRANCISCO (Student’s tutor)
Administrative simplification and barriers to accessing e-government for older people.
Authorship
M.V.O.
Bachelor's Degree in Law
M.V.O.
Bachelor's Degree in Law
Defense date
06.27.2024 12:30
06.27.2024 12:30
Summary
This paper analyses the general diagnosis of the current situation of e-government from the perspective of the vulnerable collective of elderly people. First of all, the concept of e-government is approached; once its scope has been defined and determined, the main National and European Community regulatory norms are detailed. Next, the Spanish case of ageing and its relation to administrative vulnerability is considered. Finally, a comparative study of autonomous community legislation on the procedure for recognising a situation of dependency and access to services is carried out. The aim is to identify the problematic issues and examine possible responses to reverse the digital divide and promote e-inclusion.
This paper analyses the general diagnosis of the current situation of e-government from the perspective of the vulnerable collective of elderly people. First of all, the concept of e-government is approached; once its scope has been defined and determined, the main National and European Community regulatory norms are detailed. Next, the Spanish case of ageing and its relation to administrative vulnerability is considered. Finally, a comparative study of autonomous community legislation on the procedure for recognising a situation of dependency and access to services is carried out. The aim is to identify the problematic issues and examine possible responses to reverse the digital divide and promote e-inclusion.
Direction
Nogueira López, María da Alba (Tutorships)
Nogueira López, María da Alba (Tutorships)
Court
PONTE IGLESIAS, MARIA TERESA (Chairman)
SANJURJO RIVO, VICENTE ANTONIO (Secretary)
Miguez Macho, Luis (Member)
PONTE IGLESIAS, MARIA TERESA (Chairman)
SANJURJO RIVO, VICENTE ANTONIO (Secretary)
Miguez Macho, Luis (Member)
Relationship between the age of entry into the child protection system and its psychosocial consequences in adolescence and adulthood. Bibliographic review
Authorship
C.R.D.
Bachelor of Criminology
C.R.D.
Bachelor of Criminology
Defense date
09.13.2024 10:00
09.13.2024 10:00
Summary
Rationale: Research on the relationship between age of entry into the child welfare system and later psychosocial outcomes is crucial to understanding how early experiences may influence long-term development. Understanding this association can provide valuable information to improve interventions and policies aimed at foster children, helping to promote their emotional and social well-being throughout their lives. Methods: A systematic review of the scientific literature was carried out using the PsycIinfo and Web of Science databases, without date restrictions and in Spanish and English. In addition, the search was complemented with a manual consultation of Google Scholar. Inclusion and exclusion criteria were applied. Those studies that provided statistical analyses on the relationship between age of entry into the foster care system and psychosocial outcomes in adolescence and adulthood were included in the final analysis. PRISMA recommendations were followed. Results: Six articles were selected. There were 5 duplicates. Most agree that early entry into the system acts as a protective factor. However, there are also those who suggest that early entry is not always an absolute protective factor. Conclusions: Studies do not reach definitive conclusions due to the lack of a solid scientific basis. In addition, data collection on the long-term outcomes of children in care is limited. Previous research has been restricted, making it difficult to generalize findings. The lack of specific studies on this topic also complicates overall understanding, making it difficult to formulate solid conclusions.
Rationale: Research on the relationship between age of entry into the child welfare system and later psychosocial outcomes is crucial to understanding how early experiences may influence long-term development. Understanding this association can provide valuable information to improve interventions and policies aimed at foster children, helping to promote their emotional and social well-being throughout their lives. Methods: A systematic review of the scientific literature was carried out using the PsycIinfo and Web of Science databases, without date restrictions and in Spanish and English. In addition, the search was complemented with a manual consultation of Google Scholar. Inclusion and exclusion criteria were applied. Those studies that provided statistical analyses on the relationship between age of entry into the foster care system and psychosocial outcomes in adolescence and adulthood were included in the final analysis. PRISMA recommendations were followed. Results: Six articles were selected. There were 5 duplicates. Most agree that early entry into the system acts as a protective factor. However, there are also those who suggest that early entry is not always an absolute protective factor. Conclusions: Studies do not reach definitive conclusions due to the lack of a solid scientific basis. In addition, data collection on the long-term outcomes of children in care is limited. Previous research has been restricted, making it difficult to generalize findings. The lack of specific studies on this topic also complicates overall understanding, making it difficult to formulate solid conclusions.
Direction
MANEIRO BOO, LORENA (Tutorships)
MANEIRO BOO, LORENA (Tutorships)
Court
MANEIRO BOO, LORENA (Student’s tutor)
MANEIRO BOO, LORENA (Student’s tutor)
The protection of persons with disabilities in law of succession
Authorship
L.G.V.
Bachelor's Degree in Law
L.G.V.
Bachelor's Degree in Law
Defense date
09.11.2024 18:00
09.11.2024 18:00
Summary
In reaction to the United Nations Convention on the Rights of Persons with Disabilities held in 2006, a new necessity of adapting our legal system is born: the necessity of turning it into a new protective and promotive scheme which supports the rights of persons with disabilities. This project sheds light on the current legal protection of the person with disabilities focusing on three approaches: the international point of view, the generic point of view from the Spanish legislation and, lastly, the point of view of the law of succession. More specifically, observing which are the protection methods that this branch of law establishes in favor of this community. In order to consider the current framework, attention is paid to the legal reforms that have been carried out in this area, with special reference to the Spanish Law 41/2003, of November 18, on the protection of the assets of persons with disabilities and also the Law 8/2021, of June 2, which reforms civil and procedural legislation to support persons with disabilities in the exercise of their legal capacity. Lastly, to accomplish a correct analysis of the matter, the concept of disability is also studied, this one being subject to evolution throughout history.
In reaction to the United Nations Convention on the Rights of Persons with Disabilities held in 2006, a new necessity of adapting our legal system is born: the necessity of turning it into a new protective and promotive scheme which supports the rights of persons with disabilities. This project sheds light on the current legal protection of the person with disabilities focusing on three approaches: the international point of view, the generic point of view from the Spanish legislation and, lastly, the point of view of the law of succession. More specifically, observing which are the protection methods that this branch of law establishes in favor of this community. In order to consider the current framework, attention is paid to the legal reforms that have been carried out in this area, with special reference to the Spanish Law 41/2003, of November 18, on the protection of the assets of persons with disabilities and also the Law 8/2021, of June 2, which reforms civil and procedural legislation to support persons with disabilities in the exercise of their legal capacity. Lastly, to accomplish a correct analysis of the matter, the concept of disability is also studied, this one being subject to evolution throughout history.
Direction
IGLESIAS REDONDO, JULIO IGNACIO (Tutorships)
IGLESIAS REDONDO, JULIO IGNACIO (Tutorships)
Court
IGLESIAS REDONDO, JULIO IGNACIO (Student’s tutor)
IGLESIAS REDONDO, JULIO IGNACIO (Student’s tutor)
The tax regime of IICs in the Spanish tax system
Authorship
H.D.B.
Bachelor's Degree in Law
H.D.B.
Bachelor's Degree in Law
Defense date
07.02.2024 11:00
07.02.2024 11:00
Summary
Collective investment is a fundamental sector of the financial economy to direct savings to productive sectors. The advantages of its legal regime are attractive for those who want greater benefit from their capital, especially for healthier assets. At the same time, they ensure the growth and development of the entire economy. Their special legal regime is not limited to commercial regulations, but they enjoy specific taxation that encourages their activity. However, the special tax treatment of these entities is in the spotlight from different political, academic and social sectors. The accusations of privileged treatment compared to other taxpayers open a reflection on the taxation of these financial instruments and the principles of tax justice that inspire our tax system. The purpose of this work is to analyze the tax treatment of collective investment institutions in Spain, focusing on its specificities in the main tax figures that make up the Spanish tax system. Namely, the special tax regime enjoyed by these institutions in the Corporate Tax will be studied.
Collective investment is a fundamental sector of the financial economy to direct savings to productive sectors. The advantages of its legal regime are attractive for those who want greater benefit from their capital, especially for healthier assets. At the same time, they ensure the growth and development of the entire economy. Their special legal regime is not limited to commercial regulations, but they enjoy specific taxation that encourages their activity. However, the special tax treatment of these entities is in the spotlight from different political, academic and social sectors. The accusations of privileged treatment compared to other taxpayers open a reflection on the taxation of these financial instruments and the principles of tax justice that inspire our tax system. The purpose of this work is to analyze the tax treatment of collective investment institutions in Spain, focusing on its specificities in the main tax figures that make up the Spanish tax system. Namely, the special tax regime enjoyed by these institutions in the Corporate Tax will be studied.
Direction
IGLESIAS CASAIS, JOSE MANUEL (Tutorships)
IGLESIAS CASAIS, JOSE MANUEL (Tutorships)
Court
IGLESIAS CASAIS, JOSE MANUEL (Student’s tutor)
IGLESIAS CASAIS, JOSE MANUEL (Student’s tutor)
The legal treatment of trasgender identities in Spain
Authorship
A.V.R.
Bachelor's Degree in Law
A.V.R.
Bachelor's Degree in Law
Defense date
07.19.2024 10:30
07.19.2024 10:30
Summary
The evolution of personal law has gradually proliferated in the recognition of individual and subjective rights, placing the person and the autonomy of will at the epicenter of normative creation. One of the regulations responding to the phenomenon of subjectivization is the so-called Trans Law, which has marked a significant advancement in the rights of LGTBI individuals in Spain, with particular emphasis on the transsexual community. Similarly, this implementation has introduced the principle of gender self-determination into the Spanish legal system and the access of minors to change the sex designation on the registry, a possibility that the Constitutional Court's doctrine had previously embraced before its regulation. However, this introduction has raised some concerns regarding the acceptance of law fraud and the use of the law for purposes not intended by it, casting doubt on the precision of the Spanish legislator in regulating a matter that reaches principles of public order such as the best interests of the minor and legal certainty. Consequently, it is necessary to delineate the mechanisms available to legal operators to mitigate effects that the legislator has anticipated but not resolved. Furthermore, it is pertinent to examine whether the legal category of sex has lost relevance to the extent of potentially dispensing with it, or if, on the contrary, it is necessary to safeguard equality and social stability.
The evolution of personal law has gradually proliferated in the recognition of individual and subjective rights, placing the person and the autonomy of will at the epicenter of normative creation. One of the regulations responding to the phenomenon of subjectivization is the so-called Trans Law, which has marked a significant advancement in the rights of LGTBI individuals in Spain, with particular emphasis on the transsexual community. Similarly, this implementation has introduced the principle of gender self-determination into the Spanish legal system and the access of minors to change the sex designation on the registry, a possibility that the Constitutional Court's doctrine had previously embraced before its regulation. However, this introduction has raised some concerns regarding the acceptance of law fraud and the use of the law for purposes not intended by it, casting doubt on the precision of the Spanish legislator in regulating a matter that reaches principles of public order such as the best interests of the minor and legal certainty. Consequently, it is necessary to delineate the mechanisms available to legal operators to mitigate effects that the legislator has anticipated but not resolved. Furthermore, it is pertinent to examine whether the legal category of sex has lost relevance to the extent of potentially dispensing with it, or if, on the contrary, it is necessary to safeguard equality and social stability.
Direction
NIETO ALONSO, ANTONIA (Tutorships)
NIETO ALONSO, ANTONIA (Tutorships)
Court
NIETO ALONSO, ANTONIA (Student’s tutor)
NIETO ALONSO, ANTONIA (Student’s tutor)
Spanish democratic transition and democratic memory. A process in conclusion?
Authorship
M.E.C.
Bachelor's Degree in Law
M.E.C.
Bachelor's Degree in Law
Defense date
06.27.2024 10:30
06.27.2024 10:30
Summary
With the end of the Franco dictatorship, a period called Transition began in Spain to lead the process towards the establishment of democracy, leaving behind the dictatorship so that the Spanish people could begin a new democratic stage. But after more than 40 years of democracy, social demands and the need for Spain to adapt to international law in terms of historical memory resulted in the enactment in 2007 of the Law of Historical Memory, which was considered innovative but insufficient and, therefore, in 2022 the Law of Democratic Memory was passed, which was a big step in the fulfillment of transitional justice, both laws being analyzed in the work. This analysis is completed with the repercussion that these laws of democratic memory have and if they are necessary in Spanish society or if, on the other hand, historical memory and these norms have a function of political use. In addition, a comparison is made of the different constituent processes in Germany, Portugal, Italy and Spain after the fall of their authoritarian governments and their conversion into democratic countries.
With the end of the Franco dictatorship, a period called Transition began in Spain to lead the process towards the establishment of democracy, leaving behind the dictatorship so that the Spanish people could begin a new democratic stage. But after more than 40 years of democracy, social demands and the need for Spain to adapt to international law in terms of historical memory resulted in the enactment in 2007 of the Law of Historical Memory, which was considered innovative but insufficient and, therefore, in 2022 the Law of Democratic Memory was passed, which was a big step in the fulfillment of transitional justice, both laws being analyzed in the work. This analysis is completed with the repercussion that these laws of democratic memory have and if they are necessary in Spanish society or if, on the other hand, historical memory and these norms have a function of political use. In addition, a comparison is made of the different constituent processes in Germany, Portugal, Italy and Spain after the fall of their authoritarian governments and their conversion into democratic countries.
Direction
LOPEZ PORTAS, MARIA BEGOÑA (Tutorships)
LOPEZ PORTAS, MARIA BEGOÑA (Tutorships)
Court
LOPEZ PORTAS, MARIA BEGOÑA (Student’s tutor)
LOPEZ PORTAS, MARIA BEGOÑA (Student’s tutor)
Emotional Stroop task in eating disorders
Authorship
V.Y.A.
Bachelor's Degree in Criminology
V.Y.A.
Bachelor's Degree in Criminology
Defense date
09.11.2024 11:00
09.11.2024 11:00
Summary
Eating disorders are serious mental illnesses related to altered behavior regarding eating habits. They are growing exponentially in our current society, taking into account not only biological or personality factors, but also social factors and passively imposed beauty standards that get into the minds of many women (the most affected population), teenagers and young people. Currently it also affects women in adulthood, either because it is a disorder that reappears after several years, or because it is the first manifestation of the mental illness. The emotional Stroop task has been used for a long time to detect the attentional interference that occurs in these subjects, using words with emotional relevance compared to neutral ones. There is a latency of different responses when saying the color in which the words appear written. The objective of this task is to review the bibliography that exists on the use of emotional Stroop task in population with eating disorders, giving importance to attentional biases and the clinical relevance that it could have. Attentional biases could mark a before and after in treatments, in their individualization, as well as being useful when it comes to prevent relapses of the disease.
Eating disorders are serious mental illnesses related to altered behavior regarding eating habits. They are growing exponentially in our current society, taking into account not only biological or personality factors, but also social factors and passively imposed beauty standards that get into the minds of many women (the most affected population), teenagers and young people. Currently it also affects women in adulthood, either because it is a disorder that reappears after several years, or because it is the first manifestation of the mental illness. The emotional Stroop task has been used for a long time to detect the attentional interference that occurs in these subjects, using words with emotional relevance compared to neutral ones. There is a latency of different responses when saying the color in which the words appear written. The objective of this task is to review the bibliography that exists on the use of emotional Stroop task in population with eating disorders, giving importance to attentional biases and the clinical relevance that it could have. Attentional biases could mark a before and after in treatments, in their individualization, as well as being useful when it comes to prevent relapses of the disease.
Direction
Álvarez Cruz, Antonio Alfonso (Tutorships)
Álvarez Cruz, Antonio Alfonso (Tutorships)
Court
Álvarez Cruz, Antonio Alfonso (Student’s tutor)
Álvarez Cruz, Antonio Alfonso (Student’s tutor)
Undergraduate Dissertation
Authorship
C.F.A.
Bachelor's Degree in Criminology
C.F.A.
Bachelor's Degree in Criminology
Defense date
09.11.2024 16:30
09.11.2024 16:30
Summary
The following work deals with financial crimes committed on the Internet, addressing their typologies, the methods used to commit them, the profile of the cybercriminal and the criminological theories that we can apply, as well as prevention strategies and the challenges and obstacles inherent to their prosecution. Among the financial crimes of which we talk theres fraud, identity theft, money laundering, ransomware and manipulation of financial markets. These crimes can be committed through increasingly sophisticated hacking, social engineering and malware techniques. The profile of the cybercriminal varies widely and it is difficult to find a specific profile for all criminals. Usually includes individuals with a high level of knowledge technical skills and an inclination to exploit technological vulnerabilities. Some criminological theories that we can apply are the theory of differential association, the social control theory or opportunity theory. Preventing these crimes requires a multifaceted approach, including public education and awareness, implementation of strict and adaptable policies and regulations, and international cooperation. However, the rapid technological evolution, Anonymity on the Internet and the rapid adaptation of criminals are obstacles to the prevention and prosecution of these crimes.
The following work deals with financial crimes committed on the Internet, addressing their typologies, the methods used to commit them, the profile of the cybercriminal and the criminological theories that we can apply, as well as prevention strategies and the challenges and obstacles inherent to their prosecution. Among the financial crimes of which we talk theres fraud, identity theft, money laundering, ransomware and manipulation of financial markets. These crimes can be committed through increasingly sophisticated hacking, social engineering and malware techniques. The profile of the cybercriminal varies widely and it is difficult to find a specific profile for all criminals. Usually includes individuals with a high level of knowledge technical skills and an inclination to exploit technological vulnerabilities. Some criminological theories that we can apply are the theory of differential association, the social control theory or opportunity theory. Preventing these crimes requires a multifaceted approach, including public education and awareness, implementation of strict and adaptable policies and regulations, and international cooperation. However, the rapid technological evolution, Anonymity on the Internet and the rapid adaptation of criminals are obstacles to the prevention and prosecution of these crimes.
Direction
VAZQUEZ-PORTOMEÑE SEIJAS, FERNANDO ANTONIO (Tutorships)
VAZQUEZ-PORTOMEÑE SEIJAS, FERNANDO ANTONIO (Tutorships)
Court
VAZQUEZ-PORTOMEÑE SEIJAS, FERNANDO ANTONIO (Student’s tutor)
VAZQUEZ-PORTOMEÑE SEIJAS, FERNANDO ANTONIO (Student’s tutor)
Let's stop cyberbullying. Intervention proposal for the prevention of cyberbullying in 1st and 2nd year of Compulsory Secondary Education Compulsory
Authorship
A.S.S.
Bachelor of Criminology
A.S.S.
Bachelor of Criminology
Defense date
07.23.2024 12:30
07.23.2024 12:30
Summary
Cyberbullying is a new form of bullying that involves mistreatment between peers through electronic media. In other words, it is the use of information and communication technologies by an individual or group with the intention of repeatedly and hostilely harming, harassing or defaming another person. Based on a review of the literature on this phenomenon, the aim of this dissertation is to develop a cyberbullying prevention programme aimed at students in the 1st and 2nd years of ESO. With this proposed prevention programme, the aim is to reduce the prevalence of cyberbullying in the first two years of ESO through a total of eight sessions of 50 minutes each. In these sessions, the aim is to identify cyberbullying behaviour and reflect on the threats associated with the Internet and the information shared on these platforms, using an active, participatory methodology and group work. In addition, the proposal includes three types of evaluation to measure its effectiveness. It is important to highlight that, in addition to a group intervention at classroom level, it is necessary to act at three other levels: institutional, involving the educational centre in the process; family; and individual. Similarly, it is essential to continue studying the phenomenon of cyberbullying, focusing on the roles of other educational agents with parents and teachers.
Cyberbullying is a new form of bullying that involves mistreatment between peers through electronic media. In other words, it is the use of information and communication technologies by an individual or group with the intention of repeatedly and hostilely harming, harassing or defaming another person. Based on a review of the literature on this phenomenon, the aim of this dissertation is to develop a cyberbullying prevention programme aimed at students in the 1st and 2nd years of ESO. With this proposed prevention programme, the aim is to reduce the prevalence of cyberbullying in the first two years of ESO through a total of eight sessions of 50 minutes each. In these sessions, the aim is to identify cyberbullying behaviour and reflect on the threats associated with the Internet and the information shared on these platforms, using an active, participatory methodology and group work. In addition, the proposal includes three types of evaluation to measure its effectiveness. It is important to highlight that, in addition to a group intervention at classroom level, it is necessary to act at three other levels: institutional, involving the educational centre in the process; family; and individual. Similarly, it is essential to continue studying the phenomenon of cyberbullying, focusing on the roles of other educational agents with parents and teachers.
Direction
Mallo López, Sabela Carme (Tutorships)
Mallo López, Sabela Carme (Tutorships)
Court
Mallo López, Sabela Carme (Student’s tutor)
Mallo López, Sabela Carme (Student’s tutor)
Adverse Childhood Experiences: victimization and harm
Authorship
S.R.R.
Bachelor's Degree in Criminology
S.R.R.
Bachelor's Degree in Criminology
Defense date
02.20.2024 10:00
02.20.2024 10:00
Summary
Legal protection of children and adolescents at international and national levels is one of the main objectives of today's society. Scientific literature has identified different life circumstances that can have an impact on their positive development, labelling these circumstances as Adverse Childhood Experiences (ACE). Some of these circumstances are criminal, such as abuse (physical, emotional and sexual), neglect (physical and emotional), others are of a familial nature, such as exposure to domestic violence; parental separation or death; alcohol and drug problems, mental disorder, suicide or attempted suicide, or incarceration of a parental figure. This paper focuses on examining the incidence of ACE experimentation in young people and analysing it from the perspective of victimisation and harm. A total of 338 male and female university students aged between 19 and 36 years participated. They completed a questionnaire to evaluate adverse childhood experiences. To assess psychoemotional harm, they filled in the SCL-90-R. As a measure of well-being, the Psychological Well-Being Scales/PBS were applied. The results support previous findings in the literature, relating an impact on psychoemotional and psychological well-being related to having experienced ACE. Conclusions are drawn assessing the importance of considering protective and risk factors for the design of preventive programmes to reduce the risk of victimisation.
Legal protection of children and adolescents at international and national levels is one of the main objectives of today's society. Scientific literature has identified different life circumstances that can have an impact on their positive development, labelling these circumstances as Adverse Childhood Experiences (ACE). Some of these circumstances are criminal, such as abuse (physical, emotional and sexual), neglect (physical and emotional), others are of a familial nature, such as exposure to domestic violence; parental separation or death; alcohol and drug problems, mental disorder, suicide or attempted suicide, or incarceration of a parental figure. This paper focuses on examining the incidence of ACE experimentation in young people and analysing it from the perspective of victimisation and harm. A total of 338 male and female university students aged between 19 and 36 years participated. They completed a questionnaire to evaluate adverse childhood experiences. To assess psychoemotional harm, they filled in the SCL-90-R. As a measure of well-being, the Psychological Well-Being Scales/PBS were applied. The results support previous findings in the literature, relating an impact on psychoemotional and psychological well-being related to having experienced ACE. Conclusions are drawn assessing the importance of considering protective and risk factors for the design of preventive programmes to reduce the risk of victimisation.
Direction
VILARIÑO VAZQUEZ, MANUEL (Tutorships)
VILARIÑO VAZQUEZ, MANUEL (Tutorships)
Court
Sobral Fernández, Jorge (Chairman)
VILARIÑO VAZQUEZ, MANUEL (Secretary)
LUBIAN GRAÑA, CARLOS (Member)
Sobral Fernández, Jorge (Chairman)
VILARIÑO VAZQUEZ, MANUEL (Secretary)
LUBIAN GRAÑA, CARLOS (Member)
The Gambling Advertising
Authorship
X.V.B.
Bachelor's Degree in Law
X.V.B.
Bachelor's Degree in Law
Defense date
07.19.2024 09:10
07.19.2024 09:10
Summary
Gambling in our society today has an enormous impact, generating a large number of disorders in individuals ranging from simple mood swings to more serious problems such as anxiety or the generation of serious dependencies such as compulsive gambling. As may be evident, the advertising of this type of games is highly dangerous due to the significant problems it can generate, which we have already mentioned, and because it is highly attractive to different social groups, which is why it is necessary to establish adequate, severe and effective regulation to combat the risks of this activity. This advertising is extremely harmful as it creates unrealistic expectations in the final consumer, creating a feeling of dependence on gambling very similar to that which could be caused by a drug. An important aspect within the advertising action of the sector will be the impact on minors, because it is undeniable that although mechanisms are being sought in this regard, minors are increasingly consumers of these types of games, a group in which The rate of gambling addiction is increasing and at the moment there does not seem to be a solution due to the lack of effectiveness of existing regulation. In this academic work we will address the key aspects of the advertising of this type of games from an analytical, economic, social and, above all, legal perspective, are analyzed the different forms of advertising used by economic operators and the current market situation of this type of services. We will examine the existing regulation at state, regional and European level, the impact of this regulation, its real practicality and the achievement of its proposed objectives.
Gambling in our society today has an enormous impact, generating a large number of disorders in individuals ranging from simple mood swings to more serious problems such as anxiety or the generation of serious dependencies such as compulsive gambling. As may be evident, the advertising of this type of games is highly dangerous due to the significant problems it can generate, which we have already mentioned, and because it is highly attractive to different social groups, which is why it is necessary to establish adequate, severe and effective regulation to combat the risks of this activity. This advertising is extremely harmful as it creates unrealistic expectations in the final consumer, creating a feeling of dependence on gambling very similar to that which could be caused by a drug. An important aspect within the advertising action of the sector will be the impact on minors, because it is undeniable that although mechanisms are being sought in this regard, minors are increasingly consumers of these types of games, a group in which The rate of gambling addiction is increasing and at the moment there does not seem to be a solution due to the lack of effectiveness of existing regulation. In this academic work we will address the key aspects of the advertising of this type of games from an analytical, economic, social and, above all, legal perspective, are analyzed the different forms of advertising used by economic operators and the current market situation of this type of services. We will examine the existing regulation at state, regional and European level, the impact of this regulation, its real practicality and the achievement of its proposed objectives.
Direction
SIXTO GARCIA, JOSE (Tutorships)
SIXTO GARCIA, JOSE (Tutorships)
Court
SIXTO GARCIA, JOSE (Student’s tutor)
SIXTO GARCIA, JOSE (Student’s tutor)
The leniency program in competition law
Authorship
N.F.G.
Bachelor's Degree in Law
N.F.G.
Bachelor's Degree in Law
Defense date
07.23.2024 12:30
07.23.2024 12:30
Summary
The aim of this Final Degree Project is to carry out a legal analysis of the Leniency Program in the Spanish legal system, introduced by Law 15/2007, which is presented as a differentiating factor in the fight against the problem of the detection of secret cartels. The starting point will be the analysis of the competition law that ensures a market free of collusive practices and the problem of the cartel as the most harmful conduct for competition; the Clemency Program will continue to be presented as the main instrument for the fight against it, responsible for the detection of these collusive practices through collaboration with cartelists, offering benefits in the fine penalties for those who collaborate with the competition authorities. This will be followed by an analysis of the Damages Directive and how it is reconciled with the Clemency Program, since the benefits of this extends only to administrative penalties and not to private claims for damages. Finally, several real cases of companies that have used the leniency program will be presented and the functioning of the mechanism will be shown.
The aim of this Final Degree Project is to carry out a legal analysis of the Leniency Program in the Spanish legal system, introduced by Law 15/2007, which is presented as a differentiating factor in the fight against the problem of the detection of secret cartels. The starting point will be the analysis of the competition law that ensures a market free of collusive practices and the problem of the cartel as the most harmful conduct for competition; the Clemency Program will continue to be presented as the main instrument for the fight against it, responsible for the detection of these collusive practices through collaboration with cartelists, offering benefits in the fine penalties for those who collaborate with the competition authorities. This will be followed by an analysis of the Damages Directive and how it is reconciled with the Clemency Program, since the benefits of this extends only to administrative penalties and not to private claims for damages. Finally, several real cases of companies that have used the leniency program will be presented and the functioning of the mechanism will be shown.
Direction
HERNANDEZ RODRIGUEZ, FRANCISCO (Tutorships)
HERNANDEZ RODRIGUEZ, FRANCISCO (Tutorships)
Court
HERNANDEZ RODRIGUEZ, FRANCISCO (Student’s tutor)
HERNANDEZ RODRIGUEZ, FRANCISCO (Student’s tutor)
Legal controversy of surrogacy programmes in Spain
Authorship
X.S.G.
Bachelor's Degree in Law
X.S.G.
Bachelor's Degree in Law
Defense date
07.18.2024 17:00
07.18.2024 17:00
Summary
This research examines the complex topic of surrogacy programmes, an assisted reproduction method that implies an agreement by means of which a woman becomes pregnant with a baby for another person or for another couple. Throughout the document we will address different sides in relation to this issue from terminological, legal and ethical perspectives. First of all, the importance of using an appropriate terminology must be highlighted. The term surrogacy programme is preferred over others like womb for rent or surrogate motherhood due to its neutrality and accuracy. This is essential in order to avoid negative connotations and to depict the nature of the process faithfully, a process where the pregnant woman may not be the biological mother of the baby. This paper also explores the different classifications of surrogacy programmes. We should establish a distinction between partial surrogacy programmes, where the expectant mother provides her ovule, and full surrogacy programmes, where the embryo is supplied by the parental donors. Furthermore, we can also distinguish altruistic surrogacy programmes, with no financial compensation apart from the expenses, and lucrative surrogacy programmes, with an additional compensation. It is important to stress how these surrogacy programmes are connected to several fundamental rights that appear in the Spanish Constitution as well as in other international instruments, so we have examined how these might be affected because of the use of this method. In addition, from a legal perspective, the document analyses the Spanish position in relation to this technique. The present legislation in Spain, according to Law 14/2006, from May 26 th, on Assisted Human Reproduction Techniques, doesn’t allow surrogacy contracts and, in fact, the international cases must be dealt with as adoptions. The aim of this regulation is to protect the rights of all persons involved, especially those of the expectant mother and of the baby, thus avoiding surrogacy programmes becoming a profitable business. To conclude, this work questions how this practice may impact on the autonomy, on the exploitation or on the commercialization of the human body, coming to the conclusion that it is absolutely necessary to have a detailed.
This research examines the complex topic of surrogacy programmes, an assisted reproduction method that implies an agreement by means of which a woman becomes pregnant with a baby for another person or for another couple. Throughout the document we will address different sides in relation to this issue from terminological, legal and ethical perspectives. First of all, the importance of using an appropriate terminology must be highlighted. The term surrogacy programme is preferred over others like womb for rent or surrogate motherhood due to its neutrality and accuracy. This is essential in order to avoid negative connotations and to depict the nature of the process faithfully, a process where the pregnant woman may not be the biological mother of the baby. This paper also explores the different classifications of surrogacy programmes. We should establish a distinction between partial surrogacy programmes, where the expectant mother provides her ovule, and full surrogacy programmes, where the embryo is supplied by the parental donors. Furthermore, we can also distinguish altruistic surrogacy programmes, with no financial compensation apart from the expenses, and lucrative surrogacy programmes, with an additional compensation. It is important to stress how these surrogacy programmes are connected to several fundamental rights that appear in the Spanish Constitution as well as in other international instruments, so we have examined how these might be affected because of the use of this method. In addition, from a legal perspective, the document analyses the Spanish position in relation to this technique. The present legislation in Spain, according to Law 14/2006, from May 26 th, on Assisted Human Reproduction Techniques, doesn’t allow surrogacy contracts and, in fact, the international cases must be dealt with as adoptions. The aim of this regulation is to protect the rights of all persons involved, especially those of the expectant mother and of the baby, thus avoiding surrogacy programmes becoming a profitable business. To conclude, this work questions how this practice may impact on the autonomy, on the exploitation or on the commercialization of the human body, coming to the conclusion that it is absolutely necessary to have a detailed.
Direction
Herrero Oviedo, Margarita Cristina (Tutorships)
Herrero Oviedo, Margarita Cristina (Tutorships)
Court
Herrero Oviedo, Margarita Cristina (Student’s tutor)
Herrero Oviedo, Margarita Cristina (Student’s tutor)
Bureaucratic obstacles to dependency benefits in the autonomous community of Galicia
Authorship
F.J.R.B.
Bachelor's Degree in Law
F.J.R.B.
Bachelor's Degree in Law
Defense date
06.27.2024 10:00
06.27.2024 10:00
Summary
Resolution and payment delays of the dependency benefits, as well as the complexity of the procedure that avoids that potentials beneficiaries are able to initiate it, have a big social impact, so much because it affects the beneficiaries, that do not arrive to initiate it, or do not live to see the ending of the procedure initiated, and also, because after having the benefit being recognised, they do not arrive to perceive it, so most of the help they get comes from relatives' support as the Public Administration fails to decide in due course. In the present work we will study the procedures in our Autonomous Community through the data available from the publications in this regard made by the competent Ministries, the regulation of the procedure, exploring the administrative burdens that impide that potential beneficiaries enjoy the right recognised, to conclude tackling the possible good practice solutions to improve the procedure.
Resolution and payment delays of the dependency benefits, as well as the complexity of the procedure that avoids that potentials beneficiaries are able to initiate it, have a big social impact, so much because it affects the beneficiaries, that do not arrive to initiate it, or do not live to see the ending of the procedure initiated, and also, because after having the benefit being recognised, they do not arrive to perceive it, so most of the help they get comes from relatives' support as the Public Administration fails to decide in due course. In the present work we will study the procedures in our Autonomous Community through the data available from the publications in this regard made by the competent Ministries, the regulation of the procedure, exploring the administrative burdens that impide that potential beneficiaries enjoy the right recognised, to conclude tackling the possible good practice solutions to improve the procedure.
Direction
Nogueira López, María da Alba (Tutorships)
Nogueira López, María da Alba (Tutorships)
Court
Nogueira López, María da Alba (Student’s tutor)
Nogueira López, María da Alba (Student’s tutor)
Undergraduate Dissertation: Criminological and treatment variables and the process of forgiveness in a prison sample
Authorship
Y.R.E.
Bachelor of Criminology
Y.R.E.
Bachelor of Criminology
Defense date
07.02.2024 13:00
07.02.2024 13:00
Summary
Under the paradigm of Therapeutic Justice, interest in the study of forgiveness has gained great relevance, especially in the prison context. In this respect, the literature points out that forgiveness has positive effects in relation to the reparation of harm to the victim in restorative contexts. From this approach, the present study examines the different criminological and treatment variables that refer to the prison population, as well as analysing the process of forgiveness in relation to the reparation of harm to the victim or victims of the crime committed. The sample consisted of 28 men, with an age range between 26 and 73 years (M = 48.41, SD = 12.69), who completed the measurement instruments. The results showed that there are several criminological and treatment variables. Additionally, the results reflected that those subjects with a greater willingness to forgive consider to a greater extent that reparation of the harm to the victim(s) is possible. Bearing in mind the limitations of our study, the results obtained are discussed and propose future lines of research on the process of forgiveness in relation to the reparation of harm to the victim(s) of the crime committed are proposed, since this variable may be of interest for the creation of treatment programmes aimed at the reintegration of convicts.
Under the paradigm of Therapeutic Justice, interest in the study of forgiveness has gained great relevance, especially in the prison context. In this respect, the literature points out that forgiveness has positive effects in relation to the reparation of harm to the victim in restorative contexts. From this approach, the present study examines the different criminological and treatment variables that refer to the prison population, as well as analysing the process of forgiveness in relation to the reparation of harm to the victim or victims of the crime committed. The sample consisted of 28 men, with an age range between 26 and 73 years (M = 48.41, SD = 12.69), who completed the measurement instruments. The results showed that there are several criminological and treatment variables. Additionally, the results reflected that those subjects with a greater willingness to forgive consider to a greater extent that reparation of the harm to the victim(s) is possible. Bearing in mind the limitations of our study, the results obtained are discussed and propose future lines of research on the process of forgiveness in relation to the reparation of harm to the victim(s) of the crime committed are proposed, since this variable may be of interest for the creation of treatment programmes aimed at the reintegration of convicts.
Direction
Arce Fernández, Ramón (Tutorships)
Arce Fernández, Ramón (Tutorships)
Court
Sobral Fernández, Jorge (Chairman)
VILARIÑO VAZQUEZ, MANUEL (Secretary)
Novo Pérez, Mercedes (Member)
Sobral Fernández, Jorge (Chairman)
VILARIÑO VAZQUEZ, MANUEL (Secretary)
Novo Pérez, Mercedes (Member)
Perception of families and police officers about the process of investigating the disappeared person and its possible revictimizing effects. An approach from Therapeutic Justice
Authorship
A.M.R.
Bachelor of Criminology
A.M.R.
Bachelor of Criminology
Defense date
07.18.2024 10:30
07.18.2024 10:30
Summary
The loss of a loved one is often one of the most stressful events in a person's life. However, in the case of disappearances, families, in addition to coping with this absence, have to live with the uncertainty of whether or not their loved one will return and of their condition. Therefore, given the complexity of this phenomenon, it is essential that police officers and other official and non-official institutions pay special attention to families, in order to try to minimize their suffering and avoid the re-victimizing effects that the investigation process can entail. In this work, an observational descriptive design was carried out in which the experiences of the relatives of missing persons during the investigation process were analyzed, as well as the perception that Civil Guard officers have of it. Furthermore, the impact that disappearances can have on the personnel involved in the investigation is considered.
The loss of a loved one is often one of the most stressful events in a person's life. However, in the case of disappearances, families, in addition to coping with this absence, have to live with the uncertainty of whether or not their loved one will return and of their condition. Therefore, given the complexity of this phenomenon, it is essential that police officers and other official and non-official institutions pay special attention to families, in order to try to minimize their suffering and avoid the re-victimizing effects that the investigation process can entail. In this work, an observational descriptive design was carried out in which the experiences of the relatives of missing persons during the investigation process were analyzed, as well as the perception that Civil Guard officers have of it. Furthermore, the impact that disappearances can have on the personnel involved in the investigation is considered.
Direction
VILARIÑO VAZQUEZ, MANUEL (Tutorships)
VILARIÑO VAZQUEZ, MANUEL (Tutorships)
Court
Sobral Fernández, Jorge (Chairman)
VILARIÑO VAZQUEZ, MANUEL (Secretary)
Novo Pérez, Mercedes (Member)
Sobral Fernández, Jorge (Chairman)
VILARIÑO VAZQUEZ, MANUEL (Secretary)
Novo Pérez, Mercedes (Member)
The victim's statement as the only evidence for the prosecution: a gender perspective analysis
Authorship
A.G.C.
Bachelor's Degree in Law
A.G.C.
Bachelor's Degree in Law
Defense date
06.27.2024 13:00
06.27.2024 13:00
Summary
This paper examines the judicial treatment of the victim’s testimony in those cases in which it constitutes the main evidence for the prosecution. Through the analysis of case law and doctrine, this study assesses whether the victim impact statement alone is sufficient to undermine the presumption of innocence of the accused. Additionally, it reflects on the importance of incorporating the gender perspective in criminal proceedings as an instrument for eliminating gender prejudices and stereotypes. All of this with the aim of providing a broad and critical vision that allows for a better understanding of the challenges faced by both the victims and the judges themselves in judicial proceedings.
This paper examines the judicial treatment of the victim’s testimony in those cases in which it constitutes the main evidence for the prosecution. Through the analysis of case law and doctrine, this study assesses whether the victim impact statement alone is sufficient to undermine the presumption of innocence of the accused. Additionally, it reflects on the importance of incorporating the gender perspective in criminal proceedings as an instrument for eliminating gender prejudices and stereotypes. All of this with the aim of providing a broad and critical vision that allows for a better understanding of the challenges faced by both the victims and the judges themselves in judicial proceedings.
Direction
RODRIGUEZ ALVAREZ, ANA (Tutorships)
RODRIGUEZ ALVAREZ, ANA (Tutorships)
Court
RODRIGUEZ ALVAREZ, ANA (Student’s tutor)
RODRIGUEZ ALVAREZ, ANA (Student’s tutor)
The right of withdrawal in distance finantial contracts
Authorship
C.M.A.
Bachelor's Degree in Law
C.M.A.
Bachelor's Degree in Law
Defense date
06.27.2024 10:30
06.27.2024 10:30
Summary
This Thesis is a study of the right of withdrawal that consumers have in distance finantial contracts. This power allows said subjects to withdraw unilaterally, freely and also free of charge from a contract concluded with a supplier within the framework of a consumer based relation. The introduction of this right as we know it today was made by the “Ley 22/2007, de 11 de julio, sobre comercialización a distancia de servicios financieros destinados a los consumidores” which transposes the Directive 2002/65/EC into national legislation. The purpose of the aforementioned directive is to comply with the objectives of the Union as mentioned in articles 95 and 153 of the Treaty on the Functioning of the European Union which are to offer consumers high level of protection due to their disadvantaged position they occupy in consumer relations with suppliers in addition to the the evolution of the internal market. The achievement of this objective requires that certain aspects of distance contracts be harmonized through legal instruments such as the one mentioned above, but seeking always a certain balance between such protection and the respect for the competitiveness of financial service suppliers.
This Thesis is a study of the right of withdrawal that consumers have in distance finantial contracts. This power allows said subjects to withdraw unilaterally, freely and also free of charge from a contract concluded with a supplier within the framework of a consumer based relation. The introduction of this right as we know it today was made by the “Ley 22/2007, de 11 de julio, sobre comercialización a distancia de servicios financieros destinados a los consumidores” which transposes the Directive 2002/65/EC into national legislation. The purpose of the aforementioned directive is to comply with the objectives of the Union as mentioned in articles 95 and 153 of the Treaty on the Functioning of the European Union which are to offer consumers high level of protection due to their disadvantaged position they occupy in consumer relations with suppliers in addition to the the evolution of the internal market. The achievement of this objective requires that certain aspects of distance contracts be harmonized through legal instruments such as the one mentioned above, but seeking always a certain balance between such protection and the respect for the competitiveness of financial service suppliers.
Direction
LETE ACHIRICA, JAVIER (Tutorships)
LETE ACHIRICA, JAVIER (Tutorships)
Court
DIAZ MARTINEZ, ANA (Chairman)
MADRIÑAN VAZQUEZ, MARTA (Secretary)
CARBALLO FIDALGO, MARTA (Member)
DIAZ MARTINEZ, ANA (Chairman)
MADRIÑAN VAZQUEZ, MARTA (Secretary)
CARBALLO FIDALGO, MARTA (Member)
The other side of psychopathy: subclinical psychopathy
Authorship
G.C.S.V.
Bachelor of Criminology
G.C.S.V.
Bachelor of Criminology
Defense date
07.02.2024 14:30
07.02.2024 14:30
Summary
Since its beginnings, the majority of studies on psychopathy have been closely connected to its criminal aspect, since the consequences that these actions lead to, are more remarkable and visible in the society and they generate a social alarm. In spite of this high recognition, the other aspect, the non criminal or subclinic one, should not be neglected. Even if its consequences are not as visible, its effects are obvious within individual relationships. The subclinic aspect goes more unnoticed in society than inside the scientific community due to the media's massificaction about the crimes committed by clinic's psychopaths, even if these are the least common within the wide field of psychopathy, in which predominates the behavior of subclinicl psychopathy. The purpose of this paper is that, through the bibliographic review of different papers written in recent years, it could be possible to understand the concept of psychopathy from a wider view, without making distinctions of its two aspects and understanding its origin and historic evolution with the purpose of stablishing the differences between the criminal aspect and the non criminal aspect. Once the differences are stablished, it will be possible to explain the elements that define a subclinical psychopathy, as well as the mechanisims they use to camouflage inside the society, while analyzing how these conducts, that are not antisocial, can be considered as blamable because of the negative effects that affect those people close to them.
Since its beginnings, the majority of studies on psychopathy have been closely connected to its criminal aspect, since the consequences that these actions lead to, are more remarkable and visible in the society and they generate a social alarm. In spite of this high recognition, the other aspect, the non criminal or subclinic one, should not be neglected. Even if its consequences are not as visible, its effects are obvious within individual relationships. The subclinic aspect goes more unnoticed in society than inside the scientific community due to the media's massificaction about the crimes committed by clinic's psychopaths, even if these are the least common within the wide field of psychopathy, in which predominates the behavior of subclinicl psychopathy. The purpose of this paper is that, through the bibliographic review of different papers written in recent years, it could be possible to understand the concept of psychopathy from a wider view, without making distinctions of its two aspects and understanding its origin and historic evolution with the purpose of stablishing the differences between the criminal aspect and the non criminal aspect. Once the differences are stablished, it will be possible to explain the elements that define a subclinical psychopathy, as well as the mechanisims they use to camouflage inside the society, while analyzing how these conducts, that are not antisocial, can be considered as blamable because of the negative effects that affect those people close to them.
Direction
Sobral Fernández, Jorge (Tutorships)
Sobral Fernández, Jorge (Tutorships)
Court
Sobral Fernández, Jorge (Student’s tutor)
Sobral Fernández, Jorge (Student’s tutor)
The phenomenon of sharenting and the personality rights of minors
Authorship
L.I.P.
Bachelor's Degree in Law
L.I.P.
Bachelor's Degree in Law
Defense date
07.02.2024 12:30
07.02.2024 12:30
Summary
In this paper, the concept of sharenting is analyzed, a recent phenomenon that has emerged with the constant evolution of the Internet and social networks. The primary focus will be on the influence of parents' overexposure of their children on the development of their personality and the main rights that may be compromised in this context. Specifically, the right to honor, the right to privacy, and the right to one's own image will be discussed. Furthermore, special attention will be given to consent and the child's right to be heard in decisions that affect them. Lastly, specific cases and the current means of protection against this issue will be presented.
In this paper, the concept of sharenting is analyzed, a recent phenomenon that has emerged with the constant evolution of the Internet and social networks. The primary focus will be on the influence of parents' overexposure of their children on the development of their personality and the main rights that may be compromised in this context. Specifically, the right to honor, the right to privacy, and the right to one's own image will be discussed. Furthermore, special attention will be given to consent and the child's right to be heard in decisions that affect them. Lastly, specific cases and the current means of protection against this issue will be presented.
Direction
Herrero Oviedo, Margarita Cristina (Tutorships)
Herrero Oviedo, Margarita Cristina (Tutorships)
Court
Herrero Oviedo, Margarita Cristina (Student’s tutor)
Herrero Oviedo, Margarita Cristina (Student’s tutor)
An Analysis of Diplomatic Protection in International Law in the Wake of the Couso Case
Authorship
I.M.F.
Bachelor's Degree in Law
I.M.F.
Bachelor's Degree in Law
Defense date
07.18.2024 11:00
07.18.2024 11:00
Summary
Diplomatic protection is a historical institution of international law that is configured as a means of resolving international conflicts in which a State seeks the defense of one of its nationals whose property and rights were violated in foreign territory because of a violation of international standards by a Third Estate. Throughout the history of this institution, it has been debated whether it is a right inherent in the State or inherent in the national who has suffered the international wrong, although the majority doctrinal thesis advocated the idea that it is a purely state. This recognition as an inherent right of the State results in a discretion in the exercise of the same by its holder, a fact that caused both the international jurisprudence such as that of Spain had to respond to conflicts that arise around this issue. To this end, the jurisprudence will establish the possibility of to demand financial liability from the State in cases where, having a certain obligation to exercise protection had not done so. aIn view of this situation, and in the face of the practically null regulations regarding this institution The work of the courts was essential to develop it. In this sense, the decisions handed down by the courts followed a unitary jurisprudential line until the jurisprudential turn of the Judgment of the National High Court in the Couso case.
Diplomatic protection is a historical institution of international law that is configured as a means of resolving international conflicts in which a State seeks the defense of one of its nationals whose property and rights were violated in foreign territory because of a violation of international standards by a Third Estate. Throughout the history of this institution, it has been debated whether it is a right inherent in the State or inherent in the national who has suffered the international wrong, although the majority doctrinal thesis advocated the idea that it is a purely state. This recognition as an inherent right of the State results in a discretion in the exercise of the same by its holder, a fact that caused both the international jurisprudence such as that of Spain had to respond to conflicts that arise around this issue. To this end, the jurisprudence will establish the possibility of to demand financial liability from the State in cases where, having a certain obligation to exercise protection had not done so. aIn view of this situation, and in the face of the practically null regulations regarding this institution The work of the courts was essential to develop it. In this sense, the decisions handed down by the courts followed a unitary jurisprudential line until the jurisprudential turn of the Judgment of the National High Court in the Couso case.
Direction
TEIJO GARCIA, CARLOS (Tutorships)
TEIJO GARCIA, CARLOS (Tutorships)
Court
TEIJO GARCIA, CARLOS (Student’s tutor)
TEIJO GARCIA, CARLOS (Student’s tutor)
Government procurement. Corruption in public procurement.
Authorship
P.M.G.
Double bachelor degree in Laws and Labour Relations and Human Resources
P.M.G.
Double bachelor degree in Laws and Labour Relations and Human Resources
Defense date
02.16.2024 10:30
02.16.2024 10:30
Summary
The purpose of Law 9/2017, of 8 November, on Public Sector Contracts is to regulate public sector contracting, with the aim of ensuring that it complies with a series of established principles, such as publicity and transparency, among others. One of the novelties introduced by this Law will be the contracting authorities, which will be included in its subjective scope. As for the objective scope, a series of excluded contracts are included, due to the existence of a more specific regulation of the same, although exceptionally this is due to the fact that they are not compatible with the system established in Law 9/2017. Another noteworthy novelty is the introduction of the figure of commissions to own means, forming a self-organising technique; and in relation to this figure, the inter-administrative agreements that constitute a form of self-provision. Corruption is a phenomenon that consists of the illicit use of functions for the benefit of those who manage them. Due to its impact on public procurement, various international and EU instruments have been created to combat and prevent it, including the United Nations Convention against Corruption, the European Anti-Fraud Office and the references included in Directives 2014/23/EU, 2014/24/EU and 2014/25/EU. In Law 9/2017, mentions will also be included to curb this practice. In particular, collusion constitutes a corrupt practice, which consists of coordinating the competitive behaviour of companies, infringing competition law. The introduction of social and environmental policies is materialised through article 1.3 of Law 9/2107, which is also included in the public procurement directives.
The purpose of Law 9/2017, of 8 November, on Public Sector Contracts is to regulate public sector contracting, with the aim of ensuring that it complies with a series of established principles, such as publicity and transparency, among others. One of the novelties introduced by this Law will be the contracting authorities, which will be included in its subjective scope. As for the objective scope, a series of excluded contracts are included, due to the existence of a more specific regulation of the same, although exceptionally this is due to the fact that they are not compatible with the system established in Law 9/2017. Another noteworthy novelty is the introduction of the figure of commissions to own means, forming a self-organising technique; and in relation to this figure, the inter-administrative agreements that constitute a form of self-provision. Corruption is a phenomenon that consists of the illicit use of functions for the benefit of those who manage them. Due to its impact on public procurement, various international and EU instruments have been created to combat and prevent it, including the United Nations Convention against Corruption, the European Anti-Fraud Office and the references included in Directives 2014/23/EU, 2014/24/EU and 2014/25/EU. In Law 9/2017, mentions will also be included to curb this practice. In particular, collusion constitutes a corrupt practice, which consists of coordinating the competitive behaviour of companies, infringing competition law. The introduction of social and environmental policies is materialised through article 1.3 of Law 9/2107, which is also included in the public procurement directives.
Direction
VILLANUEVA TURNES, ALEJANDRO (Tutorships)
VILLANUEVA TURNES, ALEJANDRO (Tutorships)
Court
VILLANUEVA TURNES, ALEJANDRO (Student’s tutor)
VILLANUEVA TURNES, ALEJANDRO (Student’s tutor)
Legal framework for recovery assitance.
Authorship
P.M.G.
Double bachelor degree in Laws and Labour Relations and Human Resources
P.M.G.
Double bachelor degree in Laws and Labour Relations and Human Resources
Defense date
02.16.2024 17:30
02.16.2024 17:30
Summary
This paper deals with international recovery assistance. International recovery assistance refers to the enforceability of claims beyond a state's borders. This requires supranational international rules that grant competence for this purpose. In the international sphere, the role of the Organisation for Economic Co-operation and Development should be highlighted, with special mention of the Organisation's Convention on Mutual Administrative Assistance in Tax Matters, which devotes Section II of Chapter III to recovery assistance. In the international sphere, the RUBIK agreements and the FACTA regulations, aimed at making the procedure automatic, are also worth mentioning. One of the most important mechanisms for recovery assistance is the approval of double taxation treaties between different States. The Organisation for Economic Co-operation and Development has approved a model for the preparation of such treaties, which lays the foundations for such treaties. There is also another United Nations model, essentially analogous to the first, but aimed at developed countries. At the EU level, there is also concern about mutual assistance, and thus, as a result of previous attempts at regulation, Directive 2010/24/EU has emerged. The European Union considers that assistance between Member States is necessary for the recovery of reciprocal and European Union claims. Finally, it should be noted that Spanish legislation, in Law 58/2003, of 17 December, General Tax Law, includes several references to mutual assistance.
This paper deals with international recovery assistance. International recovery assistance refers to the enforceability of claims beyond a state's borders. This requires supranational international rules that grant competence for this purpose. In the international sphere, the role of the Organisation for Economic Co-operation and Development should be highlighted, with special mention of the Organisation's Convention on Mutual Administrative Assistance in Tax Matters, which devotes Section II of Chapter III to recovery assistance. In the international sphere, the RUBIK agreements and the FACTA regulations, aimed at making the procedure automatic, are also worth mentioning. One of the most important mechanisms for recovery assistance is the approval of double taxation treaties between different States. The Organisation for Economic Co-operation and Development has approved a model for the preparation of such treaties, which lays the foundations for such treaties. There is also another United Nations model, essentially analogous to the first, but aimed at developed countries. At the EU level, there is also concern about mutual assistance, and thus, as a result of previous attempts at regulation, Directive 2010/24/EU has emerged. The European Union considers that assistance between Member States is necessary for the recovery of reciprocal and European Union claims. Finally, it should be noted that Spanish legislation, in Law 58/2003, of 17 December, General Tax Law, includes several references to mutual assistance.
Direction
GARCIA NOVOA, CESAR (Tutorships)
GARCIA NOVOA, CESAR (Tutorships)
Court
GARCIA NOVOA, CESAR (Student’s tutor)
GARCIA NOVOA, CESAR (Student’s tutor)
Surrogacy from a legal and ethical perspective.
Authorship
N.R.C.
Bachelor's Degree in Law
N.R.C.
Bachelor's Degree in Law
Defense date
07.22.2024 12:30
07.22.2024 12:30
Summary
Surrogacy is a controversial topic that raises significant ethical and legal dilemmas. From an ethical point of view, surrogacy faces criticism and defences. Proponents argue that it provides a viable solution for couples who are unable to have biological children, including heterosexual couples with fertility problems, gay couples and single people. They focus attention on the principle of autonomy, stating that women should have the right to decide about their own bodies, including the possibility of being surrogate mothers. In jurisdictions where surrogacy is legal, laws vary widely in terms of protecting the rights of the surrogate, intended parents, and child. Aspects such as surrogacy contracts, filiation and citizenship of the child born by this technique are examined. Legal loopholes and a lack of international consensus underscore the need for a more uniform legal framework and greater cooperation between countries to protect all parties involved. In Spain, surrogacy is prohibited by Law 14/2006, which declares contracts of this type of null and void. Despite this, many Spaniards resort to surrogacy abroad, which generates legal complications in the registration of children in the Spanish Civil Registry. This document emphasizes the importance of addressing both moral and legal concerns to develop policies that respect the rights and well-being of all those involved
Surrogacy is a controversial topic that raises significant ethical and legal dilemmas. From an ethical point of view, surrogacy faces criticism and defences. Proponents argue that it provides a viable solution for couples who are unable to have biological children, including heterosexual couples with fertility problems, gay couples and single people. They focus attention on the principle of autonomy, stating that women should have the right to decide about their own bodies, including the possibility of being surrogate mothers. In jurisdictions where surrogacy is legal, laws vary widely in terms of protecting the rights of the surrogate, intended parents, and child. Aspects such as surrogacy contracts, filiation and citizenship of the child born by this technique are examined. Legal loopholes and a lack of international consensus underscore the need for a more uniform legal framework and greater cooperation between countries to protect all parties involved. In Spain, surrogacy is prohibited by Law 14/2006, which declares contracts of this type of null and void. Despite this, many Spaniards resort to surrogacy abroad, which generates legal complications in the registration of children in the Spanish Civil Registry. This document emphasizes the importance of addressing both moral and legal concerns to develop policies that respect the rights and well-being of all those involved
Direction
SEGURA ORTEGA, MANUEL (Tutorships)
SEGURA ORTEGA, MANUEL (Tutorships)
Court
SEGURA ORTEGA, MANUEL (Student’s tutor)
SEGURA ORTEGA, MANUEL (Student’s tutor)
International jurisdiction of defamation.
Authorship
E.V.N.
Bachelor's Degree in Law
E.V.N.
Bachelor's Degree in Law
Defense date
07.19.2024 13:45
07.19.2024 13:45
Summary
International judicial jurisdiction in defamation cases, especially in the context of the Internet, presents unique challenges due to the global and ubiquitous nature of online information. European regulations, particularly the Brussels I bis Regulation, provide a framework for determining which courts have jurisdiction over these cases. The aim of this work is to analyze the origin and evolution of its regulation with reference to Article 7.2 of the Brussels I bis Regulation, and to consider various judicial interpretations, highlighting the Shevill rulings for printed publications and the eDate ruling for the context of online publications.
International judicial jurisdiction in defamation cases, especially in the context of the Internet, presents unique challenges due to the global and ubiquitous nature of online information. European regulations, particularly the Brussels I bis Regulation, provide a framework for determining which courts have jurisdiction over these cases. The aim of this work is to analyze the origin and evolution of its regulation with reference to Article 7.2 of the Brussels I bis Regulation, and to consider various judicial interpretations, highlighting the Shevill rulings for printed publications and the eDate ruling for the context of online publications.
Direction
MASEDA RODRÍGUEZ, JAVIER (Tutorships)
MASEDA RODRÍGUEZ, JAVIER (Tutorships)
Court
MASEDA RODRÍGUEZ, JAVIER (Student’s tutor)
MASEDA RODRÍGUEZ, JAVIER (Student’s tutor)
International Jurisdiction in Council Regulation 4/2009
Authorship
M.V.L.
Bachelor's Degree in Law
M.V.L.
Bachelor's Degree in Law
Defense date
07.19.2024 13:00
07.19.2024 13:00
Summary
This paper aims to analyze European Union Council Regulation 4/2009, which governs international judicial jurisdiction, applicable law, recognition and enforcement of judgments, and cooperation in matters of maintenance obligations. This Regulation replaces the Brussels I Regulation and applies to maintenance proceedings initiated after its entry into force, covering a broad range of family relationships and reimbursement actions by public bodies. The paper will address the concepts of “maintenance” and “maintenance obligation”, as well as the scope of application of the Regulation, its jurisdictional rules based on the habitual residence of the creditor or the defendant, and the choice-of-court agreements, either through prorogation of jurisdiction or submission by appearance.
This paper aims to analyze European Union Council Regulation 4/2009, which governs international judicial jurisdiction, applicable law, recognition and enforcement of judgments, and cooperation in matters of maintenance obligations. This Regulation replaces the Brussels I Regulation and applies to maintenance proceedings initiated after its entry into force, covering a broad range of family relationships and reimbursement actions by public bodies. The paper will address the concepts of “maintenance” and “maintenance obligation”, as well as the scope of application of the Regulation, its jurisdictional rules based on the habitual residence of the creditor or the defendant, and the choice-of-court agreements, either through prorogation of jurisdiction or submission by appearance.
Direction
MASEDA RODRÍGUEZ, JAVIER (Tutorships)
MASEDA RODRÍGUEZ, JAVIER (Tutorships)
Court
MASEDA RODRÍGUEZ, JAVIER (Student’s tutor)
MASEDA RODRÍGUEZ, JAVIER (Student’s tutor)
Property in Roman Law
Authorship
M.D.M.V.S.
Bachelor's Degree in Law
M.D.M.V.S.
Bachelor's Degree in Law
Defense date
02.19.2024 12:00
02.19.2024 12:00
Summary
The objective of this work is to study the concept of property in Roman law, its modalities, forms of acquisition and defense. In it, the import of the classification of things and the forms of acquisition, the mancipatio, the traditio and the usucapio, among others, will be discussed first. The different actions and interdicts, whose purpose is the defense of property , their legal limitations and how to resolve conflicts that may arise about this real right will also be discussed. Finally, reference is made to forced expropriation which, despite not being a figure that was fully developed in classical Roman law, will acquire importance over time.
The objective of this work is to study the concept of property in Roman law, its modalities, forms of acquisition and defense. In it, the import of the classification of things and the forms of acquisition, the mancipatio, the traditio and the usucapio, among others, will be discussed first. The different actions and interdicts, whose purpose is the defense of property , their legal limitations and how to resolve conflicts that may arise about this real right will also be discussed. Finally, reference is made to forced expropriation which, despite not being a figure that was fully developed in classical Roman law, will acquire importance over time.
Direction
SIXTO DA SILVA, MARIA ESPERANZA (Tutorships)
GOMEZ-IGLESIAS CASAL, ANGEL (Co-tutorships)
SIXTO DA SILVA, MARIA ESPERANZA (Tutorships)
GOMEZ-IGLESIAS CASAL, ANGEL (Co-tutorships)
Court
GOMEZ-IGLESIAS CASAL, ANGEL (Student’s tutor)
SIXTO DA SILVA, MARIA ESPERANZA (Student’s tutor)
GOMEZ-IGLESIAS CASAL, ANGEL (Student’s tutor)
SIXTO DA SILVA, MARIA ESPERANZA (Student’s tutor)
Main controversies of the improvement pacts in Galicia
Authorship
S.E.C.
Bachelor's Degree in Law
S.E.C.
Bachelor's Degree in Law
Defense date
06.27.2024 11:00
06.27.2024 11:00
Summary
In the present work of End of Grade an analysis of the main legal problems triggered by the legislation of the improvement pacts in Galicia, which are a form of transmission in life, through a succession pact, of property and rights by the deceased for his heirs. It is widely used in this foral system because it enjoys a series of tax benefits. This type of succession pact is regulated in Law 2/2006 of Civil Law of Galicia, however, the controversial issues are given by a lack of clear regulation of these pacts. In the present work and I intend to explain the problems related to the issues raised by the civil neighbourhood within the pact, by international law, by the fact of establishing an improvement pact within the community of property, the assumptions that render such a pact ineffective, etc... All this has been passed by the opinions of various authors and by the conclusion reached by our jurisprudence and doctrine regarding the resolution of these problems, despite the fact that many of them are still unresolved by our courts.
In the present work of End of Grade an analysis of the main legal problems triggered by the legislation of the improvement pacts in Galicia, which are a form of transmission in life, through a succession pact, of property and rights by the deceased for his heirs. It is widely used in this foral system because it enjoys a series of tax benefits. This type of succession pact is regulated in Law 2/2006 of Civil Law of Galicia, however, the controversial issues are given by a lack of clear regulation of these pacts. In the present work and I intend to explain the problems related to the issues raised by the civil neighbourhood within the pact, by international law, by the fact of establishing an improvement pact within the community of property, the assumptions that render such a pact ineffective, etc... All this has been passed by the opinions of various authors and by the conclusion reached by our jurisprudence and doctrine regarding the resolution of these problems, despite the fact that many of them are still unresolved by our courts.
Direction
MADRIÑAN VAZQUEZ, MARTA (Tutorships)
MADRIÑAN VAZQUEZ, MARTA (Tutorships)
Court
MADRIÑAN VAZQUEZ, MARTA (Student’s tutor)
MADRIÑAN VAZQUEZ, MARTA (Student’s tutor)
cadastral reference value
Authorship
B.D.M.B.
Bachelor's Degree in Law
B.D.M.B.
Bachelor's Degree in Law
Defense date
07.22.2024 11:30
07.22.2024 11:30
Summary
This paper attempts an approach to the new cadastral reference value. Its difference with other values that are also used to appraise property, especially real estate, its characteristics and the problems involved in its application.its characteristics and the problems involved in its application. It its nature, its function in the tax system and its challenge, from the reasons to its consequences. A brief reference is made reference to its use as a taxable base in different taxes and its effect on the valuation, the reason for which it was created. In addition, an attempt is made to give perspective to the procedure by means of which this value is determined. Finally, it also attempts to examine the different norms in which the cadastral reference value appears.
This paper attempts an approach to the new cadastral reference value. Its difference with other values that are also used to appraise property, especially real estate, its characteristics and the problems involved in its application.its characteristics and the problems involved in its application. It its nature, its function in the tax system and its challenge, from the reasons to its consequences. A brief reference is made reference to its use as a taxable base in different taxes and its effect on the valuation, the reason for which it was created. In addition, an attempt is made to give perspective to the procedure by means of which this value is determined. Finally, it also attempts to examine the different norms in which the cadastral reference value appears.
Direction
IGLESIAS CASAIS, JOSE MANUEL (Tutorships)
IGLESIAS CASAIS, JOSE MANUEL (Tutorships)
Court
IGLESIAS CASAIS, JOSE MANUEL (Student’s tutor)
IGLESIAS CASAIS, JOSE MANUEL (Student’s tutor)
The accession of the European Union to the European Convention of Human Rights
Authorship
L.R.V.
Bachelor's Degree in Law
L.R.V.
Bachelor's Degree in Law
Defense date
02.16.2024 12:00
02.16.2024 12:00
Summary
Two international organisations coexist in Europe, the Council of Europe and the European Union, which have been concerned, both jurisprudentially and legislatively, with the protection of fundamental rights and civil liberties, the most notable instrument in this work being the ECHR of the Council of Europe. The EU, aware of the importance of strengthening its commitment to fundamental principles, has sought to join the ECHR, which represents a significant milestone in the development of the protection of fundamental rights at the European level. This process, initiated with the aim of strengthening the safeguarding of these human rights at the EU level, has generated extensive debate and challenges due to the inherent complexity of the structure of the EU as a supranational entity composed of various Member States.
Two international organisations coexist in Europe, the Council of Europe and the European Union, which have been concerned, both jurisprudentially and legislatively, with the protection of fundamental rights and civil liberties, the most notable instrument in this work being the ECHR of the Council of Europe. The EU, aware of the importance of strengthening its commitment to fundamental principles, has sought to join the ECHR, which represents a significant milestone in the development of the protection of fundamental rights at the European level. This process, initiated with the aim of strengthening the safeguarding of these human rights at the EU level, has generated extensive debate and challenges due to the inherent complexity of the structure of the EU as a supranational entity composed of various Member States.
Direction
LIROLA DELGADO, MARIA ISABEL (Tutorships)
LIROLA DELGADO, MARIA ISABEL (Tutorships)
Court
LIROLA DELGADO, MARIA ISABEL (Student’s tutor)
LIROLA DELGADO, MARIA ISABEL (Student’s tutor)
Oral and written expression techniques in legal communication.
Authorship
A.R.V.
Bachelor's Degree in Law
A.R.V.
Bachelor's Degree in Law
Defense date
06.27.2024 09:10
06.27.2024 09:10
Summary
This work focuses on analyzing and improving communication techniques used in the field of law. It ranges from classical rhetoric to contemporary legal communication, highlighting the importance of precision and clarity in legal language. The influence of Greco-Roman rhetoric is explored, fundamental for the formation of modern techniques of persuasion and legal argumentation. Philosophers such as Aristotle and Cicero established principles that remain relevant today, underscoring the need for clear and persuasive language. The Theory of Legal Argumentation (TAJ) is presented as an essential theoretical framework to understand and improve argumentative processes in law. Provides practical tools to resolve legal disputes, integrating normative, conceptual and empirical perspectives to understand the complexity of legal argumentation. In current legal communication, both oral and written, precision, normativity and formality are crucial. It is essential that legal documents are written in a way that is understandable to both jurists and citizens without legal training. Clarity in writing, the appropriate structure of information and the correct use of terminology are fundamental elements to guarantee the effectiveness of legal communication. Furthermore, the work emphasizes the importance of clear and accessible writing in the drafting of legal documents, adapted to different recipients. Brevity, precision, and appropriate use of syntax and terminology are key to ensuring that documents fulfill their function effectively. Finally, it underlines the ability of legal professionals to communicate clearly and persuasively is essential for resolving conflicts, defending rights and building relationships of trust with clients and society in general.
This work focuses on analyzing and improving communication techniques used in the field of law. It ranges from classical rhetoric to contemporary legal communication, highlighting the importance of precision and clarity in legal language. The influence of Greco-Roman rhetoric is explored, fundamental for the formation of modern techniques of persuasion and legal argumentation. Philosophers such as Aristotle and Cicero established principles that remain relevant today, underscoring the need for clear and persuasive language. The Theory of Legal Argumentation (TAJ) is presented as an essential theoretical framework to understand and improve argumentative processes in law. Provides practical tools to resolve legal disputes, integrating normative, conceptual and empirical perspectives to understand the complexity of legal argumentation. In current legal communication, both oral and written, precision, normativity and formality are crucial. It is essential that legal documents are written in a way that is understandable to both jurists and citizens without legal training. Clarity in writing, the appropriate structure of information and the correct use of terminology are fundamental elements to guarantee the effectiveness of legal communication. Furthermore, the work emphasizes the importance of clear and accessible writing in the drafting of legal documents, adapted to different recipients. Brevity, precision, and appropriate use of syntax and terminology are key to ensuring that documents fulfill their function effectively. Finally, it underlines the ability of legal professionals to communicate clearly and persuasively is essential for resolving conflicts, defending rights and building relationships of trust with clients and society in general.
Direction
SIXTO GARCIA, JOSE (Tutorships)
SIXTO GARCIA, JOSE (Tutorships)
Court
SIXTO GARCIA, JOSE (Student’s tutor)
SIXTO GARCIA, JOSE (Student’s tutor)
The fight for justice and freedom in the the early days of the conquest.
Authorship
A.S.F.
Bachelor's Degree in Law
A.S.F.
Bachelor's Degree in Law
Defense date
02.19.2024 12:30
02.19.2024 12:30
Summary
Just nineteen years after the arrival of Cristobal Colon to America, Fray Antón de Montesinos would raise his voice in a demand for justice in the face of the exploitation and mistreatment to which the Indians were being subjected. After this first precedent, intellectuals like Francisco de Vitoria or religious people like Bartolomé de las Casas began to criticize the excesses that were taking place in the conquest and demanding changes regarding the freedom and treatment that the Indians received. In response, the Spanish Crown dictated the Leyes de Burgos and later, the Leyes Nuevas, two very innovative and ambitious legislative bodies in order to achieve freedom and good treatment for the Indians.
Just nineteen years after the arrival of Cristobal Colon to America, Fray Antón de Montesinos would raise his voice in a demand for justice in the face of the exploitation and mistreatment to which the Indians were being subjected. After this first precedent, intellectuals like Francisco de Vitoria or religious people like Bartolomé de las Casas began to criticize the excesses that were taking place in the conquest and demanding changes regarding the freedom and treatment that the Indians received. In response, the Spanish Crown dictated the Leyes de Burgos and later, the Leyes Nuevas, two very innovative and ambitious legislative bodies in order to achieve freedom and good treatment for the Indians.
Direction
BOUZADA GIL, MARIA TERESA (Tutorships)
BOUZADA GIL, MARIA TERESA (Tutorships)
Court
BOUZADA GIL, MARIA TERESA (Student’s tutor)
BOUZADA GIL, MARIA TERESA (Student’s tutor)
The shareholders agreement and startups
Authorship
S.C.E.
Bachelor's Degree in Law
S.C.E.
Bachelor's Degree in Law
Defense date
07.23.2024 10:30
07.23.2024 10:30
Summary
Startups, engines of innovation and economic growth, face unique legal challenges. Shareholders agreements, agreements between founders and investors, are essential tools for their success. This dissertation analyses these key instruments, contributing to a better understanding and application of their clauses. The first chapter sets out the legal framework for startups in Spain, Ley 28/2022 de Fomento del Ecosistema de Empresas Emergentes. The second chapter examines the figure of the founding partner, their characteristics, responsibilities, rights and role in decision-making. The third chapter analyses the motivations, expectations and risks of investment partners, who provide capital in exchange for a share in ownership and future profits. The different types of venture capital investors are explored. The fourth chapter delves into the typical clauses of shareholders' agreements, those relating to the control of the start-up (on the management body or the right of veto), the permanence and remuneration of shareholders (lock-up or stock options clauses) and the exit of shareholders from the company (tag-along or drag-along clauses). Reflecting on the importance of shareholders agreements for the stability and success of start-ups. By better understanding partner agreements and their role in the success of startups, we can move towards a more startup-friendly entrepreneurial ecosystem.
Startups, engines of innovation and economic growth, face unique legal challenges. Shareholders agreements, agreements between founders and investors, are essential tools for their success. This dissertation analyses these key instruments, contributing to a better understanding and application of their clauses. The first chapter sets out the legal framework for startups in Spain, Ley 28/2022 de Fomento del Ecosistema de Empresas Emergentes. The second chapter examines the figure of the founding partner, their characteristics, responsibilities, rights and role in decision-making. The third chapter analyses the motivations, expectations and risks of investment partners, who provide capital in exchange for a share in ownership and future profits. The different types of venture capital investors are explored. The fourth chapter delves into the typical clauses of shareholders' agreements, those relating to the control of the start-up (on the management body or the right of veto), the permanence and remuneration of shareholders (lock-up or stock options clauses) and the exit of shareholders from the company (tag-along or drag-along clauses). Reflecting on the importance of shareholders agreements for the stability and success of start-ups. By better understanding partner agreements and their role in the success of startups, we can move towards a more startup-friendly entrepreneurial ecosystem.
Direction
Fernández-Albor Baltar, Ángel (Tutorships)
Fernández-Albor Baltar, Ángel (Tutorships)
Court
Fernández-Albor Baltar, Ángel (Student’s tutor)
Fernández-Albor Baltar, Ángel (Student’s tutor)
Professional secrecy in tax law
Authorship
A.P.Q.
Bachelor's Degree in Law
A.P.Q.
Bachelor's Degree in Law
Defense date
07.19.2024 13:00
07.19.2024 13:00
Summary
The DAC 6 Directive requires tax intermediaries, and in some cases taxpayers, to inform the administration of cross-border schemes which could have an aggressive tax impact. The transposition of this Directive has been done by introducing two new provisions in the General Tax Law 10/2020. These provisions are detailed in a new Subsection of the General Regulations for the Application of Taxes (RGAT) and in a Ministerial Order approving the corresponding model declarations. This work aims, on the one hand, to explore the tension between professional secrecy and disclosure obligations imposed by tax regulations. Specifically, it analyzes how recent legislation, such as DAC 6 in the European Union and the recommendations of the BEPS Plan of the OECD, impact on the duty of confidentiality of tax intermediaries; and on the other hand analyze these regulations, as well as addressing the more problematic issue of reporting on potentially aggressive schemes by tax advisers in general, and lawyers in particular. This issue concerns the possible breach of the duty of professional secrecy.
The DAC 6 Directive requires tax intermediaries, and in some cases taxpayers, to inform the administration of cross-border schemes which could have an aggressive tax impact. The transposition of this Directive has been done by introducing two new provisions in the General Tax Law 10/2020. These provisions are detailed in a new Subsection of the General Regulations for the Application of Taxes (RGAT) and in a Ministerial Order approving the corresponding model declarations. This work aims, on the one hand, to explore the tension between professional secrecy and disclosure obligations imposed by tax regulations. Specifically, it analyzes how recent legislation, such as DAC 6 in the European Union and the recommendations of the BEPS Plan of the OECD, impact on the duty of confidentiality of tax intermediaries; and on the other hand analyze these regulations, as well as addressing the more problematic issue of reporting on potentially aggressive schemes by tax advisers in general, and lawyers in particular. This issue concerns the possible breach of the duty of professional secrecy.
Direction
GARCIA NOVOA, CESAR (Tutorships)
GARCIA NOVOA, CESAR (Tutorships)
Court
GARCIA NOVOA, CESAR (Student’s tutor)
GARCIA NOVOA, CESAR (Student’s tutor)
Exploitative abuse of a dominant market position
Authorship
X.P.G.
Bachelor's Degree in Law
X.P.G.
Bachelor's Degree in Law
Defense date
07.23.2024 12:00
07.23.2024 12:00
Summary
The situations in which the companies that enjoy greater market power have not been few over time, have occurred through different manifestations and through complex mechanisms that, in each and every one of their expressions, have entailed legal challenges for the authorities in charge of their control. This paper analyses exploitative abuses, which represent a minority of the categories of abuse by economic actors. First of all, the social, historical and economic context is examined, which inevitably leads to the legal need for protection in this context. Next, the concept of -abuse of a dominant position- is examined, including its legal consequences. This is followed by the bulk of the work, namely exploitative abuses, which are examined in depth by observing the development of the law in relation to excessive prices and abusive discrimination of customers. In the end, by way of conclusion, the most noteworthy aspects of all of the above are considered, in order to clarify the sometimes obscure concepts necessary for a real understanding of exploitative abuses of dominant position.
The situations in which the companies that enjoy greater market power have not been few over time, have occurred through different manifestations and through complex mechanisms that, in each and every one of their expressions, have entailed legal challenges for the authorities in charge of their control. This paper analyses exploitative abuses, which represent a minority of the categories of abuse by economic actors. First of all, the social, historical and economic context is examined, which inevitably leads to the legal need for protection in this context. Next, the concept of -abuse of a dominant position- is examined, including its legal consequences. This is followed by the bulk of the work, namely exploitative abuses, which are examined in depth by observing the development of the law in relation to excessive prices and abusive discrimination of customers. In the end, by way of conclusion, the most noteworthy aspects of all of the above are considered, in order to clarify the sometimes obscure concepts necessary for a real understanding of exploitative abuses of dominant position.
Direction
HERNANDEZ RODRIGUEZ, FRANCISCO (Tutorships)
HERNANDEZ RODRIGUEZ, FRANCISCO (Tutorships)
Court
HERNANDEZ RODRIGUEZ, FRANCISCO (Student’s tutor)
HERNANDEZ RODRIGUEZ, FRANCISCO (Student’s tutor)
The media's influence on parallel trials and their impact on the criminal justice system in Spain
Authorship
M.D.P.P.P.
Bachelor of Criminology
M.D.P.P.P.
Bachelor of Criminology
Defense date
07.23.2024 13:00
07.23.2024 13:00
Summary
This end-of-degree project deals with the problem of parallel trials and their influence on the Spanish criminal justice system. Parallel trials, generated by the media, can influence public perception and the opinion of judges, compromising fundamental rights such as the presumption of innocence and the right to honour. It analyses how the media, through its coverage, can generate erroneous and biased perceptions of judicial cases, and presents the Wanninkhof case as a concrete example of this phenomenon in Spain. It also discusses solutions implemented in other legal systems, such as the contempt of court in common law, and proposes legislative reforms to mitigate these negative effects in the Spanish context. The paper concludes that there is a need to balance the right to information with the protection of procedural rights and the integrity of the judicial system, proposing measures to mitigate the negative impact of parallel trials by ensuring that the media can inform without compromising justice.
This end-of-degree project deals with the problem of parallel trials and their influence on the Spanish criminal justice system. Parallel trials, generated by the media, can influence public perception and the opinion of judges, compromising fundamental rights such as the presumption of innocence and the right to honour. It analyses how the media, through its coverage, can generate erroneous and biased perceptions of judicial cases, and presents the Wanninkhof case as a concrete example of this phenomenon in Spain. It also discusses solutions implemented in other legal systems, such as the contempt of court in common law, and proposes legislative reforms to mitigate these negative effects in the Spanish context. The paper concludes that there is a need to balance the right to information with the protection of procedural rights and the integrity of the judicial system, proposing measures to mitigate the negative impact of parallel trials by ensuring that the media can inform without compromising justice.
Direction
Alonso Salgado, Cristina (Tutorships)
Alonso Salgado, Cristina (Tutorships)
Court
Alonso Salgado, Cristina (Student’s tutor)
Alonso Salgado, Cristina (Student’s tutor)
Galicia as a gateway for drug trafficking in Europe since the 80s: analysis and strategies for action.
Authorship
M.T.V.
Bachelor of Criminology
M.T.V.
Bachelor of Criminology
Defense date
06.27.2024 12:00
06.27.2024 12:00
Summary
From the 80s, Galicia became the great European power of drug trafficking. This is due to its privileged location in the northwest of the peninsula, with 1500 kilometers of coastline, allowing it to open a wide market in drug trafficking and favoring its communication with other powers such as Colombia, one of the so-called tax havens. It is in the Rías Baixas where the birth of this Galician golden age takes place, specifically in Cambados, as they began to sail with huge quantities of substances along the Arousa estuary. This triggers a social alarm in the Spanish population and especially in Galicia, where numerous mothers concerned about the health of their children form an association for the prevention and fight against drug trafficking, known as Mothers against drugs, led by Carmen Avendaño. The drug traffickers circulated freely through the Galician estuary until the well-known Baltasar Garzón decided to fight against the impunity of the phenomenon. It is on June 12, 1990, when Operation Nécora breaks out, one of the largest raids in history with a huge police deployment, known as the battle against the narcos. The police work carried out by the Security Forces and Corps in the Galician community is important to fight against it, from the local police to the State Security Forces and Corps, including since 1991 the National Police Unit attached to the Autonomous Community of Galicia. For this reason, the objective of this Final Degree Project is to emphasize the importance of drug trafficking in Galicia, as well as to make a tour of what happened, making a proposal of the strategies of action and including an annex with a series of interviews carried out with inhabitants of Cambados and a lawsuit from the trial of Laureano Oubiña.
From the 80s, Galicia became the great European power of drug trafficking. This is due to its privileged location in the northwest of the peninsula, with 1500 kilometers of coastline, allowing it to open a wide market in drug trafficking and favoring its communication with other powers such as Colombia, one of the so-called tax havens. It is in the Rías Baixas where the birth of this Galician golden age takes place, specifically in Cambados, as they began to sail with huge quantities of substances along the Arousa estuary. This triggers a social alarm in the Spanish population and especially in Galicia, where numerous mothers concerned about the health of their children form an association for the prevention and fight against drug trafficking, known as Mothers against drugs, led by Carmen Avendaño. The drug traffickers circulated freely through the Galician estuary until the well-known Baltasar Garzón decided to fight against the impunity of the phenomenon. It is on June 12, 1990, when Operation Nécora breaks out, one of the largest raids in history with a huge police deployment, known as the battle against the narcos. The police work carried out by the Security Forces and Corps in the Galician community is important to fight against it, from the local police to the State Security Forces and Corps, including since 1991 the National Police Unit attached to the Autonomous Community of Galicia. For this reason, the objective of this Final Degree Project is to emphasize the importance of drug trafficking in Galicia, as well as to make a tour of what happened, making a proposal of the strategies of action and including an annex with a series of interviews carried out with inhabitants of Cambados and a lawsuit from the trial of Laureano Oubiña.
Direction
BENITEZ BALEATO, JESUS MANUEL (Tutorships)
BENITEZ BALEATO, JESUS MANUEL (Tutorships)
Court
BENITEZ BALEATO, JESUS MANUEL (Student’s tutor)
BENITEZ BALEATO, JESUS MANUEL (Student’s tutor)
The gender role influence in juvenile delinquency
Authorship
E.C.B.
Bachelor of Criminology
E.C.B.
Bachelor of Criminology
Defense date
06.27.2024 13:00
06.27.2024 13:00
Summary
This work aims to answer the question of the influence of the gender role in juvenile delinquency following a qualitative methodology consistent with a bibliographic review on this topic. For this, we start from two approaches the main criminological theories offer about the etiology, dynamics and motivation of antisocial behavior in youth and, more specifically, about the conditioning factors of gender socialization, including or maladaptive behavior.
This work aims to answer the question of the influence of the gender role in juvenile delinquency following a qualitative methodology consistent with a bibliographic review on this topic. For this, we start from two approaches the main criminological theories offer about the etiology, dynamics and motivation of antisocial behavior in youth and, more specifically, about the conditioning factors of gender socialization, including or maladaptive behavior.
Direction
LABORA GONZALEZ, JUAN JOSE (Tutorships)
LABORA GONZALEZ, JUAN JOSE (Tutorships)
Court
López Rodríguez, Alfonso Antonio (Chairman)
CASTRO MARTINEZ, PALOMA (Secretary)
BENITEZ BALEATO, JESUS MANUEL (Member)
López Rodríguez, Alfonso Antonio (Chairman)
CASTRO MARTINEZ, PALOMA (Secretary)
BENITEZ BALEATO, JESUS MANUEL (Member)
Are the Jehovah's Witnesses a sect?
Authorship
D.J.A.S.
Bachelor's Degree in Law
D.J.A.S.
Bachelor's Degree in Law
Defense date
07.22.2024 12:45
07.22.2024 12:45
Summary
Sects and new religious movements have been a subject of controversy throughout history and continue to be so in contemporary society. The aim of this project is to study their evolution, the legal boundaries they encounter in our legal system, the crimes their members may commit, and the procedure for their registration in the Registry of Religious Entities. This will be approached from a legal perspective, conducting a jurisprudential analysis from the provincial level to the European Court of Human Rights, with special reference to the religious community of Jehovah’s Witnesses.
Sects and new religious movements have been a subject of controversy throughout history and continue to be so in contemporary society. The aim of this project is to study their evolution, the legal boundaries they encounter in our legal system, the crimes their members may commit, and the procedure for their registration in the Registry of Religious Entities. This will be approached from a legal perspective, conducting a jurisprudential analysis from the provincial level to the European Court of Human Rights, with special reference to the religious community of Jehovah’s Witnesses.
Direction
CARBALLO FIDALGO, MARTA (Tutorships)
CARBALLO FIDALGO, MARTA (Tutorships)
Court
CARBALLO FIDALGO, MARTA (Student’s tutor)
CARBALLO FIDALGO, MARTA (Student’s tutor)
Artificial Intelligence: gender differences towards attitudes and perception of fear and risk.
Authorship
A.R.G.
Bachelor of Criminology
A.R.G.
Bachelor of Criminology
Defense date
07.02.2024 12:15
07.02.2024 12:15
Summary
Artificial Intelligence is a tool that has grown exponentially in recent years, reaching many spheres of daily life and causing an impact at different levels. Its use and application do not escape the gender biases that occur in other fields. The literature shows the existence of a difference between men and women in aspects such as use, access and education in Artificial Intelligence. With this pretext, the objective of this research is to examine attitudes towards Artificial Intelligence, as well as the perception of both fear and risk of being victimized by it, looking for differences between men and women in this regard. To do so, there was a sample of 190 individuals, 130 women (68.4%) and 90 men (31.6%), whose age range is between 18 and 23 years (M = 20.03, DT = 1.39) with a university (81.1%) and secondary (18.9%) level of education. The results showed a more positive predisposition on the part of men towards AI, and a higher perception of risk and fear in the case of women. Furthermore, a negative correlation was found between attitudes and risk and fear of AI, with one being higher while the other is lower. With this in mind, the limitations of this study were analyzed, discussing the results obtained and proposing future lines of research for the reduction of such differences.
Artificial Intelligence is a tool that has grown exponentially in recent years, reaching many spheres of daily life and causing an impact at different levels. Its use and application do not escape the gender biases that occur in other fields. The literature shows the existence of a difference between men and women in aspects such as use, access and education in Artificial Intelligence. With this pretext, the objective of this research is to examine attitudes towards Artificial Intelligence, as well as the perception of both fear and risk of being victimized by it, looking for differences between men and women in this regard. To do so, there was a sample of 190 individuals, 130 women (68.4%) and 90 men (31.6%), whose age range is between 18 and 23 years (M = 20.03, DT = 1.39) with a university (81.1%) and secondary (18.9%) level of education. The results showed a more positive predisposition on the part of men towards AI, and a higher perception of risk and fear in the case of women. Furthermore, a negative correlation was found between attitudes and risk and fear of AI, with one being higher while the other is lower. With this in mind, the limitations of this study were analyzed, discussing the results obtained and proposing future lines of research for the reduction of such differences.
Direction
Novo Pérez, Mercedes (Tutorships)
Novo Pérez, Mercedes (Tutorships)
Court
Sobral Fernández, Jorge (Chairman)
VILARIÑO VAZQUEZ, MANUEL (Secretary)
Novo Pérez, Mercedes (Member)
Sobral Fernández, Jorge (Chairman)
VILARIÑO VAZQUEZ, MANUEL (Secretary)
Novo Pérez, Mercedes (Member)
Exonerating DNA: a safeguard to the systemic problems of the judicial system.
Authorship
S.S.M.
Bachelor of Criminology
S.S.M.
Bachelor of Criminology
Defense date
06.27.2024 10:00
06.27.2024 10:00
Summary
There are numerous erroneous and unjust convictions for which innocent people are serving a sentence that does not correspond to them. DNA plays a key role in this area, proving their innocence and exonerating them by overturning their convictions. Among the factors contributing to these convictions, misidentification of witnesses stands out primarily, and to a lesser extent forensic science malpractice, official misconduct, false statements, false informants, inadequate defense, and racial bias.
There are numerous erroneous and unjust convictions for which innocent people are serving a sentence that does not correspond to them. DNA plays a key role in this area, proving their innocence and exonerating them by overturning their convictions. Among the factors contributing to these convictions, misidentification of witnesses stands out primarily, and to a lesser extent forensic science malpractice, official misconduct, false statements, false informants, inadequate defense, and racial bias.
Direction
LAREU HUIDOBRO, MARIA VICTORIA (Tutorships)
PUENTE VILA, MARIA DEL CARMEN DE LA (Co-tutorships)
LAREU HUIDOBRO, MARIA VICTORIA (Tutorships)
PUENTE VILA, MARIA DEL CARMEN DE LA (Co-tutorships)
Court
LAREU HUIDOBRO, MARIA VICTORIA (Chairman)
SÁNCHEZ SELLERO, INÉS (Secretary)
BERMEJO BARRERA, ANA MARIA (Member)
LAREU HUIDOBRO, MARIA VICTORIA (Chairman)
SÁNCHEZ SELLERO, INÉS (Secretary)
BERMEJO BARRERA, ANA MARIA (Member)
The tax issues of professional corporations
Authorship
M.P.G.
Bachelor's Degree in Law
M.P.G.
Bachelor's Degree in Law
Defense date
07.19.2024 12:00
07.19.2024 12:00
Summary
This paper analyzes the tax issues of professional corporations, focusing on how these structures can be misused to obtain illicit tax advantages. The study begins with a review of the Professional Corporations Act and its impact on the registration and operation of these entities, highlighting how this law has allowed for greater specialization and quality in professional services. The analysis focuses on the tax treatment of professional corporations, distinguishing between those that are taxed under the Corporate Tax and those that are taxed under the Personal Income Tax. It also addresses legal tax phenomena such as conflicts in the application of the law and simulation, using various court rulings to illustrate how Spanish courts interpret and apply these concepts. Furthermore, it discusses how, due to this issue, the State Tax Administration Agency has increased inspections to prevent the misuse of professional corporations as a cover for tax benefits.
This paper analyzes the tax issues of professional corporations, focusing on how these structures can be misused to obtain illicit tax advantages. The study begins with a review of the Professional Corporations Act and its impact on the registration and operation of these entities, highlighting how this law has allowed for greater specialization and quality in professional services. The analysis focuses on the tax treatment of professional corporations, distinguishing between those that are taxed under the Corporate Tax and those that are taxed under the Personal Income Tax. It also addresses legal tax phenomena such as conflicts in the application of the law and simulation, using various court rulings to illustrate how Spanish courts interpret and apply these concepts. Furthermore, it discusses how, due to this issue, the State Tax Administration Agency has increased inspections to prevent the misuse of professional corporations as a cover for tax benefits.
Direction
RUIBAL PEREIRA, LUZ MARIA (Tutorships)
RUIBAL PEREIRA, LUZ MARIA (Tutorships)
Court
RUIBAL PEREIRA, LUZ MARIA (Student’s tutor)
RUIBAL PEREIRA, LUZ MARIA (Student’s tutor)
Evolution of Maritime Environmental Legislation through the legal consequences of the Prestige
Authorship
M.C.C.
Bachelor of Criminology
M.C.C.
Bachelor of Criminology
Defense date
07.19.2024 18:00
07.19.2024 18:00
Summary
The present work focuses on the legal consequences arising from environmental crimes, specifically the Prestige oil spill near the Galician coast in November 2002, and its impact on environmental legislation. This event highlighted the need for a review and modification of existing regulations. Environmental protection stems from the principles outlined in constitutional provision 45, which recognizes the fundamental right of every citizen to enjoy and have access to an environment suitable for personal development, and imposes the obligation to sanction and repair the damage caused by those who violate it. Throughout the work, an analysis will be conducted of the different legislative tools in effect in 2002 regarding marine environment protection, such as the MARPOL 73/78 Convention or the United Nations Convention on the Law of the Sea, to determine their effectiveness in terms of prevention and protection. Additionally, the penalties outlined in the Penal Code for this type of crimes and their effectiveness will be examined.
The present work focuses on the legal consequences arising from environmental crimes, specifically the Prestige oil spill near the Galician coast in November 2002, and its impact on environmental legislation. This event highlighted the need for a review and modification of existing regulations. Environmental protection stems from the principles outlined in constitutional provision 45, which recognizes the fundamental right of every citizen to enjoy and have access to an environment suitable for personal development, and imposes the obligation to sanction and repair the damage caused by those who violate it. Throughout the work, an analysis will be conducted of the different legislative tools in effect in 2002 regarding marine environment protection, such as the MARPOL 73/78 Convention or the United Nations Convention on the Law of the Sea, to determine their effectiveness in terms of prevention and protection. Additionally, the penalties outlined in the Penal Code for this type of crimes and their effectiveness will be examined.
Direction
CASTRO CORREDOIRA, MARIA (Tutorships)
CASTRO CORREDOIRA, MARIA (Tutorships)
Court
CASTRO CORREDOIRA, MARIA (Student’s tutor)
CASTRO CORREDOIRA, MARIA (Student’s tutor)
THE JUDICIAL POLICE IN SPAIN: Concept, Composition and Functions of the force at present
Authorship
D.F.F.
Bachelor of Criminology
D.F.F.
Bachelor of Criminology
Defense date
06.27.2024 16:30
06.27.2024 16:30
Summary
The following work deals with the Judicial Police in Spain, focusing mainly on its concept, composition and functions at present, as well as other points such as its coordination and dependence. An analysis is made of the models compared with other European countries and the role of the Judicial Police in criminal investigation in collaboration with the Judicial Authorities and the Public Prosecutor's Office is highlighted. Mention is made of the actions of the Judicial Police in different processes, such as informative and fast-track trials, analysing the functions of this police force, and the conflict of the dual dependence of this force, organic and functional, is also addressed. The document also refers to the coordination of the Judicial Police in Spain, explaining the Organic Units of the Judicial Police made up of the National Police Force and the Civil Guard, and concludes with reflections on the work carried out. The work provides a detailed and comprehensive overview of the Judicial Police in Spain, highlighting its importance in the justice system and its fundamental role in the investigation and resolution of crimes.
The following work deals with the Judicial Police in Spain, focusing mainly on its concept, composition and functions at present, as well as other points such as its coordination and dependence. An analysis is made of the models compared with other European countries and the role of the Judicial Police in criminal investigation in collaboration with the Judicial Authorities and the Public Prosecutor's Office is highlighted. Mention is made of the actions of the Judicial Police in different processes, such as informative and fast-track trials, analysing the functions of this police force, and the conflict of the dual dependence of this force, organic and functional, is also addressed. The document also refers to the coordination of the Judicial Police in Spain, explaining the Organic Units of the Judicial Police made up of the National Police Force and the Civil Guard, and concludes with reflections on the work carried out. The work provides a detailed and comprehensive overview of the Judicial Police in Spain, highlighting its importance in the justice system and its fundamental role in the investigation and resolution of crimes.
Direction
López Rodríguez, Alfonso Antonio (Tutorships)
López Rodríguez, Alfonso Antonio (Tutorships)
Court
López Rodríguez, Alfonso Antonio (Student’s tutor)
López Rodríguez, Alfonso Antonio (Student’s tutor)
Gender violence and criminal proceedings: special reference to vicarious violence.
Authorship
R.L.V.
Bachelor's Degree in Law
R.L.V.
Bachelor's Degree in Law
Defense date
07.23.2024 09:25
07.23.2024 09:25
Summary
This project deals with a research aimed at highlighting the great problem of gender violence, since it is a form of aggressiveness that has increased over time, becoming an aspect that is not at all beneficial to society. The aim is to make known the legal treatment that is granted to women and other victims of gender violence, through the corresponding legal framework and the processes and measures that, in these rules, are foreseen and that aim to prevent and avoid these situations. In addition to clarifying certain issues that have been the subject of controversy, such as the creation of the Courts of Violence against Women. Not only women are exposed to the aggressiveness coming from the male sex, but also minors (generally children of the couple), are also affected by it, being sometimes the forgotten ones. The children of aggressive fathers are very likely to be victims and, frequently, of a type of disguised violence, such as vicarious violence, which is difficult to appreciate and, consequently, also difficult to prevent; therefore, due to this and, together with the fact that a large part of society is unaware of its existence, it constitutes a great public problem to be faced. For this reason, we wish to emphasize the need to protect the welfare of children and to attend to their best interests, with the aim of preventing them from suffering situations harmful to their health (physical and/or psychological) and to the free development of their personality, since their exposure to these acts may lead to the repetition of these acts on their part.
This project deals with a research aimed at highlighting the great problem of gender violence, since it is a form of aggressiveness that has increased over time, becoming an aspect that is not at all beneficial to society. The aim is to make known the legal treatment that is granted to women and other victims of gender violence, through the corresponding legal framework and the processes and measures that, in these rules, are foreseen and that aim to prevent and avoid these situations. In addition to clarifying certain issues that have been the subject of controversy, such as the creation of the Courts of Violence against Women. Not only women are exposed to the aggressiveness coming from the male sex, but also minors (generally children of the couple), are also affected by it, being sometimes the forgotten ones. The children of aggressive fathers are very likely to be victims and, frequently, of a type of disguised violence, such as vicarious violence, which is difficult to appreciate and, consequently, also difficult to prevent; therefore, due to this and, together with the fact that a large part of society is unaware of its existence, it constitutes a great public problem to be faced. For this reason, we wish to emphasize the need to protect the welfare of children and to attend to their best interests, with the aim of preventing them from suffering situations harmful to their health (physical and/or psychological) and to the free development of their personality, since their exposure to these acts may lead to the repetition of these acts on their part.
Direction
Alonso Salgado, Cristina (Tutorships)
Alonso Salgado, Cristina (Tutorships)
Court
Alonso Salgado, Cristina (Student’s tutor)
Alonso Salgado, Cristina (Student’s tutor)
Criminal Process of Minors, Alternative Resolution Methods, and Reintegration
Authorship
M.M.R.
Bachelor's Degree in Law
M.M.R.
Bachelor's Degree in Law
Defense date
07.23.2024 09:45
07.23.2024 09:45
Summary
In the following final degree project, I will analyze the foundations and functioning of the judicial system concerning minors. The origins of the juvenile law, its historical development, and the various modifications that have adapted it over time will be considered. The birth of criminal responsibility for minors will also be examined, as well as the establishment of the minimum age for such responsibility. The process is similar to that of adults, but it clearly has its own unique nature, which should be highlighted for proper understanding, emphasizing the different methods that can be applied
In the following final degree project, I will analyze the foundations and functioning of the judicial system concerning minors. The origins of the juvenile law, its historical development, and the various modifications that have adapted it over time will be considered. The birth of criminal responsibility for minors will also be examined, as well as the establishment of the minimum age for such responsibility. The process is similar to that of adults, but it clearly has its own unique nature, which should be highlighted for proper understanding, emphasizing the different methods that can be applied
Direction
Alonso Salgado, Cristina (Tutorships)
Alonso Salgado, Cristina (Tutorships)
Court
Alonso Salgado, Cristina (Student’s tutor)
Alonso Salgado, Cristina (Student’s tutor)
Problematic and Regularization of the Fourth Power, the Fake News
Authorship
E.L.P.
Bachelor's Degree in Law
E.L.P.
Bachelor's Degree in Law
Defense date
09.11.2024 17:00
09.11.2024 17:00
Summary
The concern about fake news has been increased by the recent Covid-19 pandemic. This problem, typical of the digital age in which we live where the mass dissemination of information is possible, has caused States to become aware of the importance of regulating this phenomenon, despite the fact that it is not a new reality in our history. Public regulation and intervention are not an easy task, because there are fundamental rights affected, such as freedom of expression or the right to receive truthful information, which means that the public authorities, when restricting information, must weigh the several conflicting legal interests, always trying to avoid censorship and promoting the plurality of opinions. In this context, the present study aims to carry out a general approach to the phenomenon of fake news. To undertake this analysis, an exhaustive legislative and jurisprudential review is carried out with special reference to the regulations approved in the European Union, specifically the Digital Services Regulation.
The concern about fake news has been increased by the recent Covid-19 pandemic. This problem, typical of the digital age in which we live where the mass dissemination of information is possible, has caused States to become aware of the importance of regulating this phenomenon, despite the fact that it is not a new reality in our history. Public regulation and intervention are not an easy task, because there are fundamental rights affected, such as freedom of expression or the right to receive truthful information, which means that the public authorities, when restricting information, must weigh the several conflicting legal interests, always trying to avoid censorship and promoting the plurality of opinions. In this context, the present study aims to carry out a general approach to the phenomenon of fake news. To undertake this analysis, an exhaustive legislative and jurisprudential review is carried out with special reference to the regulations approved in the European Union, specifically the Digital Services Regulation.
Direction
Almeida Cerreda, Marcos (Tutorships)
BETETOS AGRELO, NOELIA (Co-tutorships)
Almeida Cerreda, Marcos (Tutorships)
BETETOS AGRELO, NOELIA (Co-tutorships)
Court
Almeida Cerreda, Marcos (Student’s tutor)
BETETOS AGRELO, NOELIA (Student’s tutor)
Almeida Cerreda, Marcos (Student’s tutor)
BETETOS AGRELO, NOELIA (Student’s tutor)
Restorative Justice in terrorist offences
Authorship
A.G.G.
Bachelor's Degree in Law
A.G.G.
Bachelor's Degree in Law
Defense date
06.27.2024 20:00
06.27.2024 20:00
Summary
This work aims to analyze restorative Justice applied to terrorist offences in the Basque Country. In order to do so, this investigation explores the nature of restorative Justice, its diverse mechanisms and the possibility to implement them in the case of serious crimes. The final purpose is to describe the restorative justice practices between victims of ETA's terrorism and former members of the same organization developed in the Basque Country.
This work aims to analyze restorative Justice applied to terrorist offences in the Basque Country. In order to do so, this investigation explores the nature of restorative Justice, its diverse mechanisms and the possibility to implement them in the case of serious crimes. The final purpose is to describe the restorative justice practices between victims of ETA's terrorism and former members of the same organization developed in the Basque Country.
Direction
Alonso Salgado, Cristina (Tutorships)
Alonso Salgado, Cristina (Tutorships)
Court
Alonso Salgado, Cristina (Student’s tutor)
Alonso Salgado, Cristina (Student’s tutor)
The compensation for housework in Article 1438 CC
Authorship
M.P.F.
Bachelor's Degree in Law
M.P.F.
Bachelor's Degree in Law
Defense date
02.16.2024 12:30
02.16.2024 12:30
Summary
Article 1438 CC, following the reform of the Civil Code in 1981, identifies work for the household as a further form of contribution to the upkeep of the burdens of the marriage, in addition to the fact that at the time of dissolution of the economic regime it will give the right to obtain compensation. Since the drafting of the provision, the concept of housework and the requirements necessary to obtain such compensation have been the subject of constant interpretation in case law. From a completely restrictive interpretation that only accepted exclusive dedication in the family home, it has evolved, until now, to a more extensive interpretation that admits that such domestic work can be reconciled with work for others outside the family home. Regarding the way of calculating the amount of compensation, the legal precept refers to the agreements between the spouses and in the absence of such agreements, the judge is responsible. However, the law does not include any method of calculation, so the quantification formula is left to the courts, but there is no unified criterion in this area. The usual practice is to use as a reference the Minimum Interprofessional Wage or that which a third party would charge for doing the work. In this paper we will deal with all the questions relating to the requirements necessary to obtain compensation, how the jurisprudential doctrine has evolved, how the help of a third party influences it, as well as the opinion of the courts regarding the reconciliation of domestic work with employment outside the home. The different ways of establishing the amount of compensation and their particularities with regard to their procedural processing will be analysed.
Article 1438 CC, following the reform of the Civil Code in 1981, identifies work for the household as a further form of contribution to the upkeep of the burdens of the marriage, in addition to the fact that at the time of dissolution of the economic regime it will give the right to obtain compensation. Since the drafting of the provision, the concept of housework and the requirements necessary to obtain such compensation have been the subject of constant interpretation in case law. From a completely restrictive interpretation that only accepted exclusive dedication in the family home, it has evolved, until now, to a more extensive interpretation that admits that such domestic work can be reconciled with work for others outside the family home. Regarding the way of calculating the amount of compensation, the legal precept refers to the agreements between the spouses and in the absence of such agreements, the judge is responsible. However, the law does not include any method of calculation, so the quantification formula is left to the courts, but there is no unified criterion in this area. The usual practice is to use as a reference the Minimum Interprofessional Wage or that which a third party would charge for doing the work. In this paper we will deal with all the questions relating to the requirements necessary to obtain compensation, how the jurisprudential doctrine has evolved, how the help of a third party influences it, as well as the opinion of the courts regarding the reconciliation of domestic work with employment outside the home. The different ways of establishing the amount of compensation and their particularities with regard to their procedural processing will be analysed.
Direction
REBOLLEDO VARELA, ANGEL LUIS (Tutorships)
REBOLLEDO VARELA, ANGEL LUIS (Tutorships)
Court
REBOLLEDO VARELA, ANGEL LUIS (Student’s tutor)
REBOLLEDO VARELA, ANGEL LUIS (Student’s tutor)
Young people´s perceptions about urban zones´risks from the Galician cities of Lugo and Santiago de Compostela: a comparated investigation
Authorship
A.L.M.
Bachelor of Criminology
A.L.M.
Bachelor of Criminology
Defense date
07.02.2024 16:30
07.02.2024 16:30
Summary
This investigation´s attempt is to compare young people´s perception of their urban zones´risks from two Galician cities, Lugo and Santiago de Compostela, with their own reality, to prove if this impression is influenced by social stereotypes. We will settle an analysis methodology with statistical indicators about the zones´vulnerability and the interviews and perceptual maps to get this perceptions, besides a bibliographic revision about the social and territorial stigme. This indicators will be made according to older datum because they are more related to the central objetive. Later, the results will be compared inside the same cities and between both cities, for the indicators and the interviews as well. Lastlye, we will contrast both results to see if the statistical datums match the perceptions, relating this to de presence or not of the stigme
This investigation´s attempt is to compare young people´s perception of their urban zones´risks from two Galician cities, Lugo and Santiago de Compostela, with their own reality, to prove if this impression is influenced by social stereotypes. We will settle an analysis methodology with statistical indicators about the zones´vulnerability and the interviews and perceptual maps to get this perceptions, besides a bibliographic revision about the social and territorial stigme. This indicators will be made according to older datum because they are more related to the central objetive. Later, the results will be compared inside the same cities and between both cities, for the indicators and the interviews as well. Lastlye, we will contrast both results to see if the statistical datums match the perceptions, relating this to de presence or not of the stigme
Direction
HAZ GOMEZ, FRANCISCO EDUARDO (Tutorships)
HAZ GOMEZ, FRANCISCO EDUARDO (Tutorships)
Court
HAZ GOMEZ, FRANCISCO EDUARDO (Student’s tutor)
HAZ GOMEZ, FRANCISCO EDUARDO (Student’s tutor)
The right to digital disconnection in the work environment.
Authorship
L.R.A.
Bachelor's Degree in Law
L.R.A.
Bachelor's Degree in Law
Defense date
09.12.2024 19:00
09.12.2024 19:00
Summary
Throughout this project, we will see the historical origin of the right to digital disconnection, originated in French legislation, until reaching its legal configuration in the Spanish legal system. It is a right with very poor legal regulation, which has been outlined through jurisprudential and doctrinal activity, until its main characteristics are configured. Its development is left to collective bargaining and internal policies. This right has a very relevant impact on workers’ health, both mental and physical, and must be approached from a preventive perspective, ensuring that workers enjoy their necessary rest time and are aware of the dangers posed by an excesive connectivity. Finally, the infractions and sanctions corresponding to violations of this right will be addressed.
Throughout this project, we will see the historical origin of the right to digital disconnection, originated in French legislation, until reaching its legal configuration in the Spanish legal system. It is a right with very poor legal regulation, which has been outlined through jurisprudential and doctrinal activity, until its main characteristics are configured. Its development is left to collective bargaining and internal policies. This right has a very relevant impact on workers’ health, both mental and physical, and must be approached from a preventive perspective, ensuring that workers enjoy their necessary rest time and are aware of the dangers posed by an excesive connectivity. Finally, the infractions and sanctions corresponding to violations of this right will be addressed.
Direction
FERREIRO REGUEIRO, MARIA CONSUELO (Tutorships)
FERREIRO REGUEIRO, MARIA CONSUELO (Tutorships)
Court
FERREIRO REGUEIRO, MARIA CONSUELO (Student’s tutor)
FERREIRO REGUEIRO, MARIA CONSUELO (Student’s tutor)
The usucapio
Authorship
I.G.Q.
Bachelor's Degree in Law
I.G.Q.
Bachelor's Degree in Law
Defense date
07.18.2024 11:30
07.18.2024 11:30
Summary
The usucapio is a form of civil property acquisition. For this, there had to be a continuous possession of another’s thing for a certain period of time. It has its origin in the figure of mancipatio, which was another way of acquiring civil property, in this case through a formal act. The requirements for usucapio were that the thing be res habilis, that there be good faith and iusta causa to usucapion, that the possession be civil, and that a certain period of time elapse. These requirements can be extracted from the following principle that medieval jurists applied to the ordinary prescription of the Justinian era: res habilis titulus fides possessio tempus. From the iusta causa to usucapion we have been able to categorise a series of usucapions as special forms: usucapio pro herede, usucapio servitutis, usucapio fiduciae, and usucapio ex praediatura. The person who has received a thing in good faith by traditio, and before the expiry of the time of usucapio loses possession of the thing, now has a petitioning action to defend himself as if he were a civil owner. This is called actio Publiciana. On the other hand, the longi temporis praescriptio is a procedural exception given to one who has possessed undisturbed for ten years (or twenty if the owner lived in a different city) against the claim of the owner. However, usucapio has been modified over time, especially by Justinian, who unified it with longi temporis praescriptio.
The usucapio is a form of civil property acquisition. For this, there had to be a continuous possession of another’s thing for a certain period of time. It has its origin in the figure of mancipatio, which was another way of acquiring civil property, in this case through a formal act. The requirements for usucapio were that the thing be res habilis, that there be good faith and iusta causa to usucapion, that the possession be civil, and that a certain period of time elapse. These requirements can be extracted from the following principle that medieval jurists applied to the ordinary prescription of the Justinian era: res habilis titulus fides possessio tempus. From the iusta causa to usucapion we have been able to categorise a series of usucapions as special forms: usucapio pro herede, usucapio servitutis, usucapio fiduciae, and usucapio ex praediatura. The person who has received a thing in good faith by traditio, and before the expiry of the time of usucapio loses possession of the thing, now has a petitioning action to defend himself as if he were a civil owner. This is called actio Publiciana. On the other hand, the longi temporis praescriptio is a procedural exception given to one who has possessed undisturbed for ten years (or twenty if the owner lived in a different city) against the claim of the owner. However, usucapio has been modified over time, especially by Justinian, who unified it with longi temporis praescriptio.
Direction
GONZALEZ BUSTELO, ANA MARIA (Tutorships)
GONZALEZ BUSTELO, ANA MARIA (Tutorships)
Court
GONZALEZ BUSTELO, ANA MARIA (Student’s tutor)
GONZALEZ BUSTELO, ANA MARIA (Student’s tutor)
Chils sexual abuse in sport: review of sentences
Authorship
L.P.C.
Bachelor of Criminology
L.P.C.
Bachelor of Criminology
Defense date
07.02.2024 13:45
07.02.2024 13:45
Summary
Child sexual abuse (CSA) in sport is one of the main problems that have concerned Spanish society in the recent years. The aim of this paper is to know the characteristics of CSAs in the sport context, paying special attention to the dynamics that are followed, profiles of those involved and the means of evidence assessed in the judicial process, as well as the sentences imposed. For this reason, 50 criminal sentences between 2015 and 2023 about sexual abuse of minors within sport were randomly selected. A methodical analysis was carried out, through statistical tests (Chi-squared, Student's t-test, and Pearson's correlation). The results show a series of characteristics that are linked to the conviction, such as whether the assault occurs in sport context, the use of force or intimidation, direct physical contact, a position of sporting superiority of the aggressor and that the aggression includes penetration. In addition, the relationship between the condemnatory verdict and the psychological expert evidence is also confirmed, in terms of the credibility of the testimony and the assessment of the damage. The need to implement CSA prevention programs within sports organizations, as well as case detection, is concluded.
Child sexual abuse (CSA) in sport is one of the main problems that have concerned Spanish society in the recent years. The aim of this paper is to know the characteristics of CSAs in the sport context, paying special attention to the dynamics that are followed, profiles of those involved and the means of evidence assessed in the judicial process, as well as the sentences imposed. For this reason, 50 criminal sentences between 2015 and 2023 about sexual abuse of minors within sport were randomly selected. A methodical analysis was carried out, through statistical tests (Chi-squared, Student's t-test, and Pearson's correlation). The results show a series of characteristics that are linked to the conviction, such as whether the assault occurs in sport context, the use of force or intimidation, direct physical contact, a position of sporting superiority of the aggressor and that the aggression includes penetration. In addition, the relationship between the condemnatory verdict and the psychological expert evidence is also confirmed, in terms of the credibility of the testimony and the assessment of the damage. The need to implement CSA prevention programs within sports organizations, as well as case detection, is concluded.
Direction
Seijo Martínez, María Dolores (Tutorships)
Seijo Martínez, María Dolores (Tutorships)
Court
Sobral Fernández, Jorge (Chairman)
VILARIÑO VAZQUEZ, MANUEL (Secretary)
Novo Pérez, Mercedes (Member)
Sobral Fernández, Jorge (Chairman)
VILARIÑO VAZQUEZ, MANUEL (Secretary)
Novo Pérez, Mercedes (Member)
Sexual violence through chemical submission in the university population
Authorship
I.O.R.
Bachelor of Criminology
I.O.R.
Bachelor of Criminology
Defense date
07.02.2024 11:30
07.02.2024 11:30
Summary
Sexual violence has become a public health problem that has serious short- and long- therm consequences in multiple areas of people´s lives, and especially for the university population. In this sense, one of the circumstances that has been leading to this violence in recent years is the phenomenon of chemical submission, defined as the administration of psychoactive substances to a person without their consent and for criminal purposes, so that it is posible to manipulate their will or modify their behaviour. Therefore, the objective of this research is to examine the perception of fear and risk, sexual victimization through chemical submission and victimization in chemical submission in a sample with a university population. To this end, a sample of 88 university students (63.6% women and 36.4% men), with an age range ranging from 18 to 28 years (M = 21.11, SD = 1.86), who completed the measurement instruments. The results showed significant differences in the percepction of fear and in the objective risk according to gender, with women obtaining higher scores in al lof them. Regarding the risks related to chemical submission, the results showed that participants have a higher risk of being invited by another person to drink alcohol or other drugs with the aim of flirting. Likewise, a high percentage of drug and alcohol consumption was observed voluntarily. Additionally, in relation to the sex of the aggressor, a large difference was found according to gender, with men obtaining a higher score. Taking into account the limitations of our study, the results obtained are discussed and future lines of research are proposed to guide prevention programs that deal with sexual violence in the university environment.
Sexual violence has become a public health problem that has serious short- and long- therm consequences in multiple areas of people´s lives, and especially for the university population. In this sense, one of the circumstances that has been leading to this violence in recent years is the phenomenon of chemical submission, defined as the administration of psychoactive substances to a person without their consent and for criminal purposes, so that it is posible to manipulate their will or modify their behaviour. Therefore, the objective of this research is to examine the perception of fear and risk, sexual victimization through chemical submission and victimization in chemical submission in a sample with a university population. To this end, a sample of 88 university students (63.6% women and 36.4% men), with an age range ranging from 18 to 28 years (M = 21.11, SD = 1.86), who completed the measurement instruments. The results showed significant differences in the percepction of fear and in the objective risk according to gender, with women obtaining higher scores in al lof them. Regarding the risks related to chemical submission, the results showed that participants have a higher risk of being invited by another person to drink alcohol or other drugs with the aim of flirting. Likewise, a high percentage of drug and alcohol consumption was observed voluntarily. Additionally, in relation to the sex of the aggressor, a large difference was found according to gender, with men obtaining a higher score. Taking into account the limitations of our study, the results obtained are discussed and future lines of research are proposed to guide prevention programs that deal with sexual violence in the university environment.
Direction
Arce Fernández, Ramón (Tutorships)
Arce Fernández, Ramón (Tutorships)
Court
Sobral Fernández, Jorge (Chairman)
VILARIÑO VAZQUEZ, MANUEL (Secretary)
Novo Pérez, Mercedes (Member)
Sobral Fernández, Jorge (Chairman)
VILARIÑO VAZQUEZ, MANUEL (Secretary)
Novo Pérez, Mercedes (Member)
Marriage between same-sex couples.
Authorship
A.F.B.
Bachelor's Degree in Law
A.F.B.
Bachelor's Degree in Law
Defense date
07.22.2024 12:00
07.22.2024 12:00
Summary
The quintessential definition of marriage, for thousands of years, has been the union between a man and a woman. The primary goal of this thesis is to highlight a reality that, until relatively recently, was not normalized: same-sex marriage, or marriage equality, and the limitations and discriminations faced in both Spain and numerous other in the quest for equal rights and social acceptance. Despite significant progress, much remains to be advanced in various aspects. This thesis will explore the origins and evolution of marriage. It will explain the forms, conditions, and necessary requirements, including capacity and consent, which are crucial when entering into marriage. The evolution of homosexuality throughout history will be examined, and an in-depth analysis of the emergence of marriage equality in Spain will be conducted, focusing on Law 13/2005 of July 1, which amended the Civil Code concerning marriage, leading to debates about its constitutionality. Finally, a worldwide comparison will be made, examining the situation in selected countries to highlight the differences in both societal attitudes and jurisprudence depending on the country of focus.
The quintessential definition of marriage, for thousands of years, has been the union between a man and a woman. The primary goal of this thesis is to highlight a reality that, until relatively recently, was not normalized: same-sex marriage, or marriage equality, and the limitations and discriminations faced in both Spain and numerous other in the quest for equal rights and social acceptance. Despite significant progress, much remains to be advanced in various aspects. This thesis will explore the origins and evolution of marriage. It will explain the forms, conditions, and necessary requirements, including capacity and consent, which are crucial when entering into marriage. The evolution of homosexuality throughout history will be examined, and an in-depth analysis of the emergence of marriage equality in Spain will be conducted, focusing on Law 13/2005 of July 1, which amended the Civil Code concerning marriage, leading to debates about its constitutionality. Finally, a worldwide comparison will be made, examining the situation in selected countries to highlight the differences in both societal attitudes and jurisprudence depending on the country of focus.
Direction
SEGURA ORTEGA, MANUEL (Tutorships)
SEGURA ORTEGA, MANUEL (Tutorships)
Court
SEGURA ORTEGA, MANUEL (Student’s tutor)
SEGURA ORTEGA, MANUEL (Student’s tutor)
Illegal strike: jurisprudential analysis
Authorship
Y.P.V.
Bachelor's Degree in Law
Y.P.V.
Bachelor's Degree in Law
Defense date
02.19.2024 10:00
02.19.2024 10:00
Summary
This paper aims to show the different types of illegal strike that are included in the current Spanish system through the eyes of the TS jurisprudence in the last decade, for this it is structured in three sections. Given that the RDLRT distinguishes between illegal and abusive strikes, the first point of analysis is precisely the one that deals with reaching a concept that allows to differentiate both typologies and for this, examples of each of the abuse modalities are used. Secondly, the epigraph that appears as number three is in turn subdivided into 4 subsections that include the most relevant casuistry of the TS regarding the modalities of strike for political reasons, solidarity or support, when they have the purpose of altering what was agreed in an agreement or established by award, and, finally, contrary to the provisions of the RDLRT or what is established in an agreement for the resolution of conflicts. Finally, the work uses the recent case of the company Ferrovial Servicios SAU in which a strike that was legal at first ends up becoming illegal given that the members of the committee adopt an abusive attitude by not wanting to reduce its number of components, reaching, thus, through this last section a global and updated concept of the subject matter of analysis.
This paper aims to show the different types of illegal strike that are included in the current Spanish system through the eyes of the TS jurisprudence in the last decade, for this it is structured in three sections. Given that the RDLRT distinguishes between illegal and abusive strikes, the first point of analysis is precisely the one that deals with reaching a concept that allows to differentiate both typologies and for this, examples of each of the abuse modalities are used. Secondly, the epigraph that appears as number three is in turn subdivided into 4 subsections that include the most relevant casuistry of the TS regarding the modalities of strike for political reasons, solidarity or support, when they have the purpose of altering what was agreed in an agreement or established by award, and, finally, contrary to the provisions of the RDLRT or what is established in an agreement for the resolution of conflicts. Finally, the work uses the recent case of the company Ferrovial Servicios SAU in which a strike that was legal at first ends up becoming illegal given that the members of the committee adopt an abusive attitude by not wanting to reduce its number of components, reaching, thus, through this last section a global and updated concept of the subject matter of analysis.
Direction
GARATE CASTRO, FRANCISCO JAVIER (Tutorships)
GARATE CASTRO, FRANCISCO JAVIER (Tutorships)
Court
GARATE CASTRO, FRANCISCO JAVIER (Student’s tutor)
GARATE CASTRO, FRANCISCO JAVIER (Student’s tutor)
The fiscal inequalities of the Inheritance and Donation Tax
Authorship
A.D.L.I.C.
Bachelor's Degree in Law
A.D.L.I.C.
Bachelor's Degree in Law
Defense date
07.22.2024 11:30
07.22.2024 11:30
Summary
Introduction and Objectives: The primary objective of this study is to examine and analyze the Inheritance and Donations Tax (ISD) in Spain from a comparative perspective between different Autonomous Communities and the foral regime of the Basque Country. The historical evolution of the tax, its nature and foundation, and the regulatory framework governing it will be analyzed. Additionally, the fiscal inequalities generated by the transfer of ISD to the Autonomous Communities through Law 14/1996 and the normative variations implemented by these communities will be evaluated. Finally, a practical case will be used to illustrate the differences in the tax burden according to the current regulations in Galicia, Madrid, and Asturias, and fiscal harmonization will be proposed as a solution to the observed inequalities. Materials and Methods: The study begins with a review of the historical evolution of ISD and its regulatory framework in Spain. The characteristics of the tax, its nature, and the principles underpinning it are analyzed. The autonomous regulations of Galicia, Madrid, and Asturias, as well as the foral regime of the Basque Country, are examined, highlighting the reductions and bonuses applicable in each region. Through a practical case, the tax burden for an heir in each of these communities is calculated, allowing a direct comparison of the existing fiscal inequalities. Results: The comparative analysis reveals significant disparities in the ISD tax burden among the different Autonomous Communities. For instance, in Madrid, the 99% bonus on the tax base for descendants significantly reduces the tax payable, whereas in Galicia and Asturias, despite substantial reductions, the tax burden is higher. In the Basque Country, the foral regime allows independent management of the tax, with notable differences in applicable rates and reductions. Discussion: Normative differences in the ISD among the Autonomous Communities create fiscal inequalities that affect the perception of equity among taxpayers. The transfer of competencies has allowed each community to adapt the tax to its needs but has also created a fiscal mosaic with significant variations in the tax burden. This study underscores the need for fiscal harmonization that establishes common criteria and minimum thresholds to ensure greater equity and cohesion in the Spanish tax system. Conclusions: The normative transfer of the ISD to the Autonomous Communities has generated significant disparities in the tax burden among heirs in different regions. To reduce these disparities and improve fiscal equity, it is suggested to harmonize the tax by implementing a national minimum exemption and a minimum effective tax rate. This would ensure a fairer and more equitable taxation, promoting wealth redistribution and territorial cohesion.
Introduction and Objectives: The primary objective of this study is to examine and analyze the Inheritance and Donations Tax (ISD) in Spain from a comparative perspective between different Autonomous Communities and the foral regime of the Basque Country. The historical evolution of the tax, its nature and foundation, and the regulatory framework governing it will be analyzed. Additionally, the fiscal inequalities generated by the transfer of ISD to the Autonomous Communities through Law 14/1996 and the normative variations implemented by these communities will be evaluated. Finally, a practical case will be used to illustrate the differences in the tax burden according to the current regulations in Galicia, Madrid, and Asturias, and fiscal harmonization will be proposed as a solution to the observed inequalities. Materials and Methods: The study begins with a review of the historical evolution of ISD and its regulatory framework in Spain. The characteristics of the tax, its nature, and the principles underpinning it are analyzed. The autonomous regulations of Galicia, Madrid, and Asturias, as well as the foral regime of the Basque Country, are examined, highlighting the reductions and bonuses applicable in each region. Through a practical case, the tax burden for an heir in each of these communities is calculated, allowing a direct comparison of the existing fiscal inequalities. Results: The comparative analysis reveals significant disparities in the ISD tax burden among the different Autonomous Communities. For instance, in Madrid, the 99% bonus on the tax base for descendants significantly reduces the tax payable, whereas in Galicia and Asturias, despite substantial reductions, the tax burden is higher. In the Basque Country, the foral regime allows independent management of the tax, with notable differences in applicable rates and reductions. Discussion: Normative differences in the ISD among the Autonomous Communities create fiscal inequalities that affect the perception of equity among taxpayers. The transfer of competencies has allowed each community to adapt the tax to its needs but has also created a fiscal mosaic with significant variations in the tax burden. This study underscores the need for fiscal harmonization that establishes common criteria and minimum thresholds to ensure greater equity and cohesion in the Spanish tax system. Conclusions: The normative transfer of the ISD to the Autonomous Communities has generated significant disparities in the tax burden among heirs in different regions. To reduce these disparities and improve fiscal equity, it is suggested to harmonize the tax by implementing a national minimum exemption and a minimum effective tax rate. This would ensure a fairer and more equitable taxation, promoting wealth redistribution and territorial cohesion.
Direction
FERREIRO SEOANE, FRANCISCO JESUS (Tutorships)
FERREIRO SEOANE, FRANCISCO JESUS (Tutorships)
Court
FERREIRO SEOANE, FRANCISCO JESUS (Student’s tutor)
FERREIRO SEOANE, FRANCISCO JESUS (Student’s tutor)
The interception of communications in criminal proceedings.
Authorship
N.P.C.
Bachelor's Degree in Law
N.P.C.
Bachelor's Degree in Law
Defense date
07.19.2024 11:30
07.19.2024 11:30
Summary
In this paper we will develop the orders of intervention of telephone communications in the framework of a criminal proceeding. This investigative diligence affects the secrecy of communications’ fundamental right, defined in Article 18.3 of the Spanish Constitution. The regulatory gaps in this area have been identified by doctrine and jurisprudence, thus the Supreme Court and the Constitutional Court has filled the regulatory gap during the years in which the necessary reform of the Code of Criminal Procedure has been demanded. This reform was carried out in 2015, with the enactment of Organic Law 13/2015, of 5 October, which amended the LECrim with the aim of mitigating the lack of regulation and adapt to technological advances. With this reform, it is possible to correct the shortcomings of the previous regulation and, therefore, the violation of the fundamental right is justified if it is carried out in accordance with the requirements established by law.
In this paper we will develop the orders of intervention of telephone communications in the framework of a criminal proceeding. This investigative diligence affects the secrecy of communications’ fundamental right, defined in Article 18.3 of the Spanish Constitution. The regulatory gaps in this area have been identified by doctrine and jurisprudence, thus the Supreme Court and the Constitutional Court has filled the regulatory gap during the years in which the necessary reform of the Code of Criminal Procedure has been demanded. This reform was carried out in 2015, with the enactment of Organic Law 13/2015, of 5 October, which amended the LECrim with the aim of mitigating the lack of regulation and adapt to technological advances. With this reform, it is possible to correct the shortcomings of the previous regulation and, therefore, the violation of the fundamental right is justified if it is carried out in accordance with the requirements established by law.
Direction
Noya Ferreiro, Maria Lourdes (Tutorships)
Noya Ferreiro, Maria Lourdes (Tutorships)
Court
Noya Ferreiro, Maria Lourdes (Student’s tutor)
Noya Ferreiro, Maria Lourdes (Student’s tutor)
Review of Court rules of sexual abuse and sexual assault in the Provincial Courts of Galicia
Authorship
A.C.T.
Bachelor's Degree in Criminology
A.C.T.
Bachelor's Degree in Criminology
Defense date
09.12.2024 12:00
09.12.2024 12:00
Summary
The objective of this work is to provide knowledge about the reality of crimes of sexual assault and sexual abuse with victims over 16 years of age and adult perpetrator in Galicia. To this end, it carries out a systematic review of the Court rules issued by the Provincial Courts of that Autonomous Community between September 2022 and December 2023, compiling information on certain items that help to generate a typical case of this type of crime for that time frame. It also compares the results obtained with the data published by different authors and organizations. It is concluded that the situation revealed by the analysis is not very different from that shown by the data collected from other sources, so it would be appropriate to apply similar measures to those established for the rest of Spain.
The objective of this work is to provide knowledge about the reality of crimes of sexual assault and sexual abuse with victims over 16 years of age and adult perpetrator in Galicia. To this end, it carries out a systematic review of the Court rules issued by the Provincial Courts of that Autonomous Community between September 2022 and December 2023, compiling information on certain items that help to generate a typical case of this type of crime for that time frame. It also compares the results obtained with the data published by different authors and organizations. It is concluded that the situation revealed by the analysis is not very different from that shown by the data collected from other sources, so it would be appropriate to apply similar measures to those established for the rest of Spain.
Direction
PEREZ RIVAS, NATALIA (Tutorships)
PEREZ RIVAS, NATALIA (Tutorships)
Court
PEREZ RIVAS, NATALIA (Student’s tutor)
PEREZ RIVAS, NATALIA (Student’s tutor)
An Analysis of Child Grooming through the Media
Authorship
M.G.L.
Bachelor of Criminology
M.G.L.
Bachelor of Criminology
Defense date
07.22.2024 13:00
07.22.2024 13:00
Summary
The society of the information, led by new technologies, has given rise to new spaces for the commission of crimes, among which is child grooming (included in Article 183 of the Spanish Penal Code). The study of this Final Degree Project deals essentially with this crime, presenting the regulations in which it is immersed, showing its evolution throughout history. Its regulation at international, European and national level will be analyzed, in order to justify the inclusion of this criminal offense in the Spanish legislation. After contextualizing the crime, an investigation of the most mediatic cases in Spain in the last five years (2019-2023) will be carried out, cases which have been reported in the Spanish media. Twenty-five pieces of news will be selected and thoroughly examined, doing a descriptive statistical analysis that will serve as a tool to analyze the discourses that the news offer. Subsequently, the vision provided by the newspapers in the five most mediatic news of the selected ones will be analyzed.
The society of the information, led by new technologies, has given rise to new spaces for the commission of crimes, among which is child grooming (included in Article 183 of the Spanish Penal Code). The study of this Final Degree Project deals essentially with this crime, presenting the regulations in which it is immersed, showing its evolution throughout history. Its regulation at international, European and national level will be analyzed, in order to justify the inclusion of this criminal offense in the Spanish legislation. After contextualizing the crime, an investigation of the most mediatic cases in Spain in the last five years (2019-2023) will be carried out, cases which have been reported in the Spanish media. Twenty-five pieces of news will be selected and thoroughly examined, doing a descriptive statistical analysis that will serve as a tool to analyze the discourses that the news offer. Subsequently, the vision provided by the newspapers in the five most mediatic news of the selected ones will be analyzed.
Direction
HAZ GOMEZ, FRANCISCO EDUARDO (Tutorships)
HAZ GOMEZ, FRANCISCO EDUARDO (Tutorships)
Court
HAZ GOMEZ, FRANCISCO EDUARDO (Student’s tutor)
HAZ GOMEZ, FRANCISCO EDUARDO (Student’s tutor)
The role of the beneficiary in compulsory purchase
Authorship
M.A.R.
Bachelor's Degree in Law
M.A.R.
Bachelor's Degree in Law
Defense date
09.11.2024 17:00
09.11.2024 17:00
Summary
The institution of compulsory purchase and specifically the regulation of the figure of the beneficiary are currently in a vulnerable position, suffering from a clear lack of updating and revision by the legislator. Based on the examination of the current legislation, the jurisprudential pronouncements and the doctrine available for this purpose, this work will provide a detailed answer to the role that the legal system grants to the beneficiary, the different types that exist, their functions, and the rights and obligations that correspond to them for holding such status.
The institution of compulsory purchase and specifically the regulation of the figure of the beneficiary are currently in a vulnerable position, suffering from a clear lack of updating and revision by the legislator. Based on the examination of the current legislation, the jurisprudential pronouncements and the doctrine available for this purpose, this work will provide a detailed answer to the role that the legal system grants to the beneficiary, the different types that exist, their functions, and the rights and obligations that correspond to them for holding such status.
Direction
Santiago Iglesias, Diana (Tutorships)
Santiago Iglesias, Diana (Tutorships)
Court
Santiago Iglesias, Diana (Student’s tutor)
Santiago Iglesias, Diana (Student’s tutor)
The bail in Classic Roman Law and Justinian Law
Authorship
J.Y.R.
Bachelor's Degree in Law
J.Y.R.
Bachelor's Degree in Law
Defense date
02.19.2024 12:30
02.19.2024 12:30
Summary
In the present dissertation we aim to address the issue of the bail in classical Roman law, as well as its different forms, its evolution and its improvement throughout the different periods. Being this the thematic axis of our dissertation, we analyze in first place the guarantee as a concept, briefly referring to the characteristics of its real form, and focusing in detail on its personal form, in which we frame the content of our assignment. In this way, we focus our study on the legal phenomena that occur within the framework of these personal guarantees: the concurrence of a plurality of people in the obligations, passive solidarity, and, in general, the relationships that are created between creditor, debtor and guarantor. Next, we proceed to the analysis of the bail, first putting it in relation to the concept of personal guarantee, and later developing the particularities of its different forms: the adpromissio, in its variants of sponsio and fidepromissio; and the fideiussio, but also developing a comparison that serves as a contrast of their differences and the relationship of progress between both institutions. Next, we make a fair reference to Justinian and his work of compiling and restoring Classical Law, just to later focus on the analysis of the new bail regime of the Justinian era and all the specialties and novelties that it presents. Finally, we end our dissertation with a sort of a statement on how the conceptions and institutions of Roman Law, despite the passing of centuries, stand by and have subsisted in the laws of our legal system and in other neighboring European ones.
In the present dissertation we aim to address the issue of the bail in classical Roman law, as well as its different forms, its evolution and its improvement throughout the different periods. Being this the thematic axis of our dissertation, we analyze in first place the guarantee as a concept, briefly referring to the characteristics of its real form, and focusing in detail on its personal form, in which we frame the content of our assignment. In this way, we focus our study on the legal phenomena that occur within the framework of these personal guarantees: the concurrence of a plurality of people in the obligations, passive solidarity, and, in general, the relationships that are created between creditor, debtor and guarantor. Next, we proceed to the analysis of the bail, first putting it in relation to the concept of personal guarantee, and later developing the particularities of its different forms: the adpromissio, in its variants of sponsio and fidepromissio; and the fideiussio, but also developing a comparison that serves as a contrast of their differences and the relationship of progress between both institutions. Next, we make a fair reference to Justinian and his work of compiling and restoring Classical Law, just to later focus on the analysis of the new bail regime of the Justinian era and all the specialties and novelties that it presents. Finally, we end our dissertation with a sort of a statement on how the conceptions and institutions of Roman Law, despite the passing of centuries, stand by and have subsisted in the laws of our legal system and in other neighboring European ones.
Direction
SIXTO DA SILVA, MARIA ESPERANZA (Tutorships)
SIXTO DA SILVA, MARIA ESPERANZA (Tutorships)
Court
SIXTO DA SILVA, MARIA ESPERANZA (Student’s tutor)
SIXTO DA SILVA, MARIA ESPERANZA (Student’s tutor)
The crimes of theft and robbery in the minor responsibility regime
Authorship
A.P.G.
Bachelor's Degree in Law
A.P.G.
Bachelor's Degree in Law
Defense date
06.27.2024 13:00
06.27.2024 13:00
Summary
In the present work, the regime of minor´s criminal responsability is studied in relation to the commission of the crimes of theft and robbery. Firstly, an introduction is made about the Organic Law 5/2000, on criminal responsibility of minors (LORPM) and next an approach is proposed to the elements that make up the types of theft and robbery crimes in the adult regime, a necessary aspect since the difference with minor´s regime lies in the measure imposed, not in the crime. Once the regulatory framework is clear, we begin to study the different measures contained in the LORPM along with the rules for determining them. Below, those that apply to minors who commit the aforementioned crimes in all their modalities are specified and mediation is proposed as an appropriate alternative route, especially in the context of property crime. As other aspects of interest, reference is made to issues such as parental responsibility or the situation in which the convicted minor reaches the age of majority. In otder to close the work, it has been considered relevant to provide a vision of the reality of what was analyzed. On the one hand, a series of sentences are discussed with the aim of knowing the measures that are most applied by our courts and, on the other hand, official statistics are investigated to know first-hand the evolution of juvenile property-related crime.
In the present work, the regime of minor´s criminal responsability is studied in relation to the commission of the crimes of theft and robbery. Firstly, an introduction is made about the Organic Law 5/2000, on criminal responsibility of minors (LORPM) and next an approach is proposed to the elements that make up the types of theft and robbery crimes in the adult regime, a necessary aspect since the difference with minor´s regime lies in the measure imposed, not in the crime. Once the regulatory framework is clear, we begin to study the different measures contained in the LORPM along with the rules for determining them. Below, those that apply to minors who commit the aforementioned crimes in all their modalities are specified and mediation is proposed as an appropriate alternative route, especially in the context of property crime. As other aspects of interest, reference is made to issues such as parental responsibility or the situation in which the convicted minor reaches the age of majority. In otder to close the work, it has been considered relevant to provide a vision of the reality of what was analyzed. On the one hand, a series of sentences are discussed with the aim of knowing the measures that are most applied by our courts and, on the other hand, official statistics are investigated to know first-hand the evolution of juvenile property-related crime.
Direction
BRAGE CENDAN, SANTIAGO BERNARDO (Tutorships)
BRAGE CENDAN, SANTIAGO BERNARDO (Tutorships)
Court
BRAGE CENDAN, SANTIAGO BERNARDO (Student’s tutor)
BRAGE CENDAN, SANTIAGO BERNARDO (Student’s tutor)
Felonies against sexual freedom: precedents, present regulation and fundamental pillar of consent
Authorship
R.S.S.
Bachelor's Degree in Law
R.S.S.
Bachelor's Degree in Law
Defense date
07.01.2024 17:00
07.01.2024 17:00
Summary
Crimes against sexual liberty and sexual indemnity have a changing regulation that has evolved over time, as more rights have been granted to women and girls over the years. In this sense, the name of the protected legal asset changed, new aggravating circumstances were introduced and even new crimes were created with the aim of adapting criminal legislation to the current reality. Nevertheless, the key of these recent changes, having as detonator the known case of La Manada, was, without any doubt, the Organic Law 10/2022, of comprehensive guarantee of sexual freedom, commonly known as law of only yes is yes, since it determine the way in the legal regulation of this type of crime. The most relevant modifications were, on the one hand, the indifferentiation between abuse and sexual aggression, merging both crimes into a single offense typology, and, on the other hand, the conceptualisation of consent in the legal text itself, which must be, in any case, affirmative. However, this law is not free of criticisms and technical deficiencies, especially those related to the principle of retroactive application of the most favourable criminal law. Thus, in 2023, and with the aim of improving the problematic points of the previous legislation (while maintaining the fundamental principles), the legislature was forced to approve a counter-reform: Organic Law 4/2023, of 27 April.
Crimes against sexual liberty and sexual indemnity have a changing regulation that has evolved over time, as more rights have been granted to women and girls over the years. In this sense, the name of the protected legal asset changed, new aggravating circumstances were introduced and even new crimes were created with the aim of adapting criminal legislation to the current reality. Nevertheless, the key of these recent changes, having as detonator the known case of La Manada, was, without any doubt, the Organic Law 10/2022, of comprehensive guarantee of sexual freedom, commonly known as law of only yes is yes, since it determine the way in the legal regulation of this type of crime. The most relevant modifications were, on the one hand, the indifferentiation between abuse and sexual aggression, merging both crimes into a single offense typology, and, on the other hand, the conceptualisation of consent in the legal text itself, which must be, in any case, affirmative. However, this law is not free of criticisms and technical deficiencies, especially those related to the principle of retroactive application of the most favourable criminal law. Thus, in 2023, and with the aim of improving the problematic points of the previous legislation (while maintaining the fundamental principles), the legislature was forced to approve a counter-reform: Organic Law 4/2023, of 27 April.
Direction
GUINARTE CABADA, GUMERSINDO (Tutorships)
GUINARTE CABADA, GUMERSINDO (Tutorships)
Court
GUINARTE CABADA, GUMERSINDO (Student’s tutor)
GUINARTE CABADA, GUMERSINDO (Student’s tutor)
Intervention program for bullying prevention in the sixth grade of Primary Education.
Authorship
A.B.M.
Bachelor's Degree in Criminology
A.B.M.
Bachelor's Degree in Criminology
Defense date
09.12.2024 10:00
09.12.2024 10:00
Summary
Bullying is defined by aggressive, repeated behaviors intentionally directed toward a person or group, with an imbalance of power between the aggressor and the victim. This bullying, which occurs in educational environments, causes negative emotional and physical effects on the victim (Olweus, 1997). Bullying represents a significant social problem that deeply affects the emotional, psychological and social well-being of victims. In Spain, concern about bullying has led to important legislative and educational advances for its prevention in educational centers and establishes the need for action protocols in the face of various forms of school violence and its latent prevalence. This Final Grade Project presents an intervention program to prevent bullying aimed at students in the sixth year of Primary Education, a crucial stage prior to entering Secondary Education. The program focuses on educational activities and participatory workshops that promote awareness of this phenomenon, improve empathy and respect, and provide students with tools for conflict resolution, among other aspects. This program is designed to curb and prevent the escalation of aggressive behaviors and promote a safer and more respectful school environment. In the future, the continuity and evaluation of the program is recommended to adapt and improve it according to the needs that arise, as well as its expansion to other educational levels to maximize its positive impact.
Bullying is defined by aggressive, repeated behaviors intentionally directed toward a person or group, with an imbalance of power between the aggressor and the victim. This bullying, which occurs in educational environments, causes negative emotional and physical effects on the victim (Olweus, 1997). Bullying represents a significant social problem that deeply affects the emotional, psychological and social well-being of victims. In Spain, concern about bullying has led to important legislative and educational advances for its prevention in educational centers and establishes the need for action protocols in the face of various forms of school violence and its latent prevalence. This Final Grade Project presents an intervention program to prevent bullying aimed at students in the sixth year of Primary Education, a crucial stage prior to entering Secondary Education. The program focuses on educational activities and participatory workshops that promote awareness of this phenomenon, improve empathy and respect, and provide students with tools for conflict resolution, among other aspects. This program is designed to curb and prevent the escalation of aggressive behaviors and promote a safer and more respectful school environment. In the future, the continuity and evaluation of the program is recommended to adapt and improve it according to the needs that arise, as well as its expansion to other educational levels to maximize its positive impact.
Direction
Mallo López, Sabela Carme (Tutorships)
Mallo López, Sabela Carme (Tutorships)
Court
Mallo López, Sabela Carme (Student’s tutor)
Mallo López, Sabela Carme (Student’s tutor)
lights and shadows of the current right to asylum
Authorship
S.C.R.
Bachelor's Degree in Law
S.C.R.
Bachelor's Degree in Law
Defense date
07.18.2024 12:30
07.18.2024 12:30
Summary
The refugees’ issue has developed to the point of becoming a preeminent matter at the community level. This Work is mainly focused on the studio of the international protection that is given to those who are forced to leave their country of origin and to avail themselves of the right to obtain international asylum, international protection and even temporary. This lets us to go through international, European and national law, focusing on the protection on which displace people can access and, at the same time, studying in more detail the existing difficulties in the application of these norms as well as studying other issues related to the management of other problems.
The refugees’ issue has developed to the point of becoming a preeminent matter at the community level. This Work is mainly focused on the studio of the international protection that is given to those who are forced to leave their country of origin and to avail themselves of the right to obtain international asylum, international protection and even temporary. This lets us to go through international, European and national law, focusing on the protection on which displace people can access and, at the same time, studying in more detail the existing difficulties in the application of these norms as well as studying other issues related to the management of other problems.
Direction
TEIJO GARCIA, CARLOS (Tutorships)
TEIJO GARCIA, CARLOS (Tutorships)
Court
TEIJO GARCIA, CARLOS (Student’s tutor)
TEIJO GARCIA, CARLOS (Student’s tutor)
Conflicts and Negotiation: Empathy and Sense of Justice
Authorship
J.L.D.R.
Bachelor of Criminology
J.L.D.R.
Bachelor of Criminology
Defense date
07.02.2024 10:30
07.02.2024 10:30
Summary
This work addresses negotiation from a theoretical and practical point of view, starting with a review and analysis of conflict as the fundamental element and exploring all its facets; from the different conceptions of the term to the different styles of conflict resolution, and then delving into the theoretical knowledge of negotiation, its essential concepts, and the different types of this alternative conflict resolution method, gradually focusing on the issues of justice perception and empathy and their importance in these processes. Finally, a study is conducted with 114 adult community participants, analyzing the relationship between these issues, the style of conflict resolution, and the course of the negotiation itself; based on the questionnaires “Belief in a Just World Scale,” the “Empathy Scale: Interpersonal Reactivity Index (IRI),” the “Conflict Resolution Scale, MERCI,” and some self-developed questions. Finally, a series of issues related to negotiation as a process and, especially, to the studied variables are highlighted.
This work addresses negotiation from a theoretical and practical point of view, starting with a review and analysis of conflict as the fundamental element and exploring all its facets; from the different conceptions of the term to the different styles of conflict resolution, and then delving into the theoretical knowledge of negotiation, its essential concepts, and the different types of this alternative conflict resolution method, gradually focusing on the issues of justice perception and empathy and their importance in these processes. Finally, a study is conducted with 114 adult community participants, analyzing the relationship between these issues, the style of conflict resolution, and the course of the negotiation itself; based on the questionnaires “Belief in a Just World Scale,” the “Empathy Scale: Interpersonal Reactivity Index (IRI),” the “Conflict Resolution Scale, MERCI,” and some self-developed questions. Finally, a series of issues related to negotiation as a process and, especially, to the studied variables are highlighted.
Direction
Seijo Martínez, María Dolores (Tutorships)
Seijo Martínez, María Dolores (Tutorships)
Court
Sobral Fernández, Jorge (Chairman)
VILARIÑO VAZQUEZ, MANUEL (Secretary)
Novo Pérez, Mercedes (Member)
Sobral Fernández, Jorge (Chairman)
VILARIÑO VAZQUEZ, MANUEL (Secretary)
Novo Pérez, Mercedes (Member)
Freedom of expression in art
Authorship
C.V.C.
Bachelor's Degree in Law
C.V.C.
Bachelor's Degree in Law
Defense date
09.12.2024 11:30
09.12.2024 11:30
Summary
Art, by its very nature, seeks to question, interrogate and challenge conventions. This intrinsically subversive character often leads to artistic works being perceived as offensive or provocative, especially when they address sensitive topics such as religion, politics or morality. This paper will examine the way in which artistic creations can come into conflict with legal norms, especially those that protect fundamental rights such as honor, privacy and religious feelings.
Art, by its very nature, seeks to question, interrogate and challenge conventions. This intrinsically subversive character often leads to artistic works being perceived as offensive or provocative, especially when they address sensitive topics such as religion, politics or morality. This paper will examine the way in which artistic creations can come into conflict with legal norms, especially those that protect fundamental rights such as honor, privacy and religious feelings.
Direction
MADRIÑAN VAZQUEZ, MARTA (Tutorships)
MADRIÑAN VAZQUEZ, MARTA (Tutorships)
Court
MADRIÑAN VAZQUEZ, MARTA (Student’s tutor)
MADRIÑAN VAZQUEZ, MARTA (Student’s tutor)
Right to free legal assistance in criminal proceedings (Directive 2016/1919)
Authorship
A.F.P.
Bachelor's Degree in Law
A.F.P.
Bachelor's Degree in Law
Defense date
07.19.2024 10:30
07.19.2024 10:30
Summary
The right to free legal assistance is included in article 119 of the Constitution and regulated in the Free Legal Assistance Law 1/1996 and Royal Decree 141/2021 approving the Free Legal Assistance Regulation. This right consists of access to justice free of charge for any person who suffers from insufficient resources to litigate and meets certain economic requirements, among others, and, in any case, for victims of gender violence, terrorism, trafficking in human beings, minors or people with disabilities and, finally, those who, due to an accident, present permanent consequences. Initially, its recognition was the responsibility of the judicial bodies, but with the appearance of the 1996 Law, the procedure was de-judicialized, with the Free Legal Assistance Commission taking a leading role. Furthermore, in 2016, the European Union approved Directive 2016/1919, which aims to harmonize legislation regarding free assistance for mutual recognition between Member States.
The right to free legal assistance is included in article 119 of the Constitution and regulated in the Free Legal Assistance Law 1/1996 and Royal Decree 141/2021 approving the Free Legal Assistance Regulation. This right consists of access to justice free of charge for any person who suffers from insufficient resources to litigate and meets certain economic requirements, among others, and, in any case, for victims of gender violence, terrorism, trafficking in human beings, minors or people with disabilities and, finally, those who, due to an accident, present permanent consequences. Initially, its recognition was the responsibility of the judicial bodies, but with the appearance of the 1996 Law, the procedure was de-judicialized, with the Free Legal Assistance Commission taking a leading role. Furthermore, in 2016, the European Union approved Directive 2016/1919, which aims to harmonize legislation regarding free assistance for mutual recognition between Member States.
Direction
Vilaboy Lois, Lotario (Tutorships)
Vilaboy Lois, Lotario (Tutorships)
Court
Noya Ferreiro, Maria Lourdes (Chairman)
Alonso Salgado, Cristina (Secretary)
RODRIGUEZ ALVAREZ, ANA (Member)
Noya Ferreiro, Maria Lourdes (Chairman)
Alonso Salgado, Cristina (Secretary)
RODRIGUEZ ALVAREZ, ANA (Member)
Issues of constitutionality and legality linked to the tax base of the IIVTNU: evolution from 2017 to the present
Authorship
M.D.J.M.D.
Bachelor's Degree in Law
M.D.J.M.D.
Bachelor's Degree in Law
Defense date
09.11.2024 17:45
09.11.2024 17:45
Summary
This paper aims to analyze the regulatory evolution and application of the Tax on the Increase in Value of Urban Land (IIVTNU), a municipal tax whose tax base, based on an objective calculation method, has always been highly controversial for being unrelated to the real increase in the land value, consequently affecting the constitutional principle of economic capacity. After examining the concept and regulation of the tax, we will analyze each of the Constitutional Court rulings (59/2017, 126/2019, and 182/2021) that led to its phased declaration of unconstitutionality. The legislator did not carry out a regulatory change until 2021, as the latest of these constitutional pronouncements rendered the tax unenforceable, at which point Decree-law 26/2021, of November 8, was enacted, whose content and temporal effects will be studied.
This paper aims to analyze the regulatory evolution and application of the Tax on the Increase in Value of Urban Land (IIVTNU), a municipal tax whose tax base, based on an objective calculation method, has always been highly controversial for being unrelated to the real increase in the land value, consequently affecting the constitutional principle of economic capacity. After examining the concept and regulation of the tax, we will analyze each of the Constitutional Court rulings (59/2017, 126/2019, and 182/2021) that led to its phased declaration of unconstitutionality. The legislator did not carry out a regulatory change until 2021, as the latest of these constitutional pronouncements rendered the tax unenforceable, at which point Decree-law 26/2021, of November 8, was enacted, whose content and temporal effects will be studied.
Direction
RUIBAL PEREIRA, LUZ MARIA (Tutorships)
RUIBAL PEREIRA, LUZ MARIA (Tutorships)
Court
RUIBAL PEREIRA, LUZ MARIA (Student’s tutor)
RUIBAL PEREIRA, LUZ MARIA (Student’s tutor)
Burglary or robbery with violence or intimidation against people in housing and business premises open to the public. Criminological analysis.
Authorship
E.V.P.
Bachelor of Criminology
E.V.P.
Bachelor of Criminology
Defense date
07.01.2024 13:00
07.01.2024 13:00
Summary
This paper deals with the analysis of two types of property crimes from a criminological perspective, specifically, burglary and the crime of robbery with violence or intimidation against people. These are two crimes with a broad criminal and criminological evolution and whose analysis will focus on their commission in housing and business premises open to the public. Thus, in the following pages, we will provide an overview of their legal regulation, their evolution and those theories in the field of criminology in which it fits. Next, we will discuss those individual, social and environmental factors that may influence their commission with the aim of establishing a profile and behavioral patterns of offenders. Finally, an analysis will be made of those variables that, in some way, may facilitate or induce the commission of this type of crimes, the consequences they have on society at large and the institutional responses currently in place. Subsequently, improvements will be proposed aimed at reducing these behaviors or the damage they cause.
This paper deals with the analysis of two types of property crimes from a criminological perspective, specifically, burglary and the crime of robbery with violence or intimidation against people. These are two crimes with a broad criminal and criminological evolution and whose analysis will focus on their commission in housing and business premises open to the public. Thus, in the following pages, we will provide an overview of their legal regulation, their evolution and those theories in the field of criminology in which it fits. Next, we will discuss those individual, social and environmental factors that may influence their commission with the aim of establishing a profile and behavioral patterns of offenders. Finally, an analysis will be made of those variables that, in some way, may facilitate or induce the commission of this type of crimes, the consequences they have on society at large and the institutional responses currently in place. Subsequently, improvements will be proposed aimed at reducing these behaviors or the damage they cause.
Direction
BRAGE CENDAN, SANTIAGO BERNARDO (Tutorships)
BRAGE CENDAN, SANTIAGO BERNARDO (Tutorships)
Court
BRAGE CENDAN, SANTIAGO BERNARDO (Student’s tutor)
BRAGE CENDAN, SANTIAGO BERNARDO (Student’s tutor)
Money laundering and organized crime
Authorship
P.A.N.
Bachelor of Criminology
P.A.N.
Bachelor of Criminology
Defense date
09.11.2024 16:00
09.11.2024 16:00
Summary
Money laundering is a process by which funds obtained from criminal activities are legalized, converting them into apparent lawful income, and is closely related to other crimes such as drug trafficking or terrorism. In recent years, there has been an enormous increase in the techniques for introducing this illicit money and laundering it in order to subsequently integrate it into the economic circuit, which makes it a central issue in criminal policy against organized crime. Globalization and the opening of financial markets have facilitated the expansion of these crimes beyond national borders, complicating prevention and control efforts.
Money laundering is a process by which funds obtained from criminal activities are legalized, converting them into apparent lawful income, and is closely related to other crimes such as drug trafficking or terrorism. In recent years, there has been an enormous increase in the techniques for introducing this illicit money and laundering it in order to subsequently integrate it into the economic circuit, which makes it a central issue in criminal policy against organized crime. Globalization and the opening of financial markets have facilitated the expansion of these crimes beyond national borders, complicating prevention and control efforts.
Direction
VAZQUEZ-PORTOMEÑE SEIJAS, FERNANDO ANTONIO (Tutorships)
VAZQUEZ-PORTOMEÑE SEIJAS, FERNANDO ANTONIO (Tutorships)
Court
VAZQUEZ-PORTOMEÑE SEIJAS, FERNANDO ANTONIO (Student’s tutor)
VAZQUEZ-PORTOMEÑE SEIJAS, FERNANDO ANTONIO (Student’s tutor)
The ability to make a will of people with disabilities
Authorship
R.V.E.N.
Bachelor's Degree in Law
R.V.E.N.
Bachelor's Degree in Law
Defense date
02.16.2024 12:15
02.16.2024 12:15
Summary
This work intends to carry out a detailed analysis of the most relevant issues in relation to the testamentary capacity of people with disabilities after the entry into force of Law 8/2021, of 2 June, which reforms civil and procedural legislation for the support for people with disabilities in the exercise of their legal capacity, which represents a great advance for the effective exercise of their rights by these people. This analysis would not be complete if it is not done the same with the United Nations Convention on the rights of persons with disabilities, of 2006, which led to the development of Law 8/2021. In addition, to understand the magnitude of this reform, it is convenient to take a look at the previous reforms to the aforementioned law and at the doctrinal and jurisprudential debates on capacity which have taken place during this time.
This work intends to carry out a detailed analysis of the most relevant issues in relation to the testamentary capacity of people with disabilities after the entry into force of Law 8/2021, of 2 June, which reforms civil and procedural legislation for the support for people with disabilities in the exercise of their legal capacity, which represents a great advance for the effective exercise of their rights by these people. This analysis would not be complete if it is not done the same with the United Nations Convention on the rights of persons with disabilities, of 2006, which led to the development of Law 8/2021. In addition, to understand the magnitude of this reform, it is convenient to take a look at the previous reforms to the aforementioned law and at the doctrinal and jurisprudential debates on capacity which have taken place during this time.
Direction
NIETO ALONSO, ANTONIA (Tutorships)
NIETO ALONSO, ANTONIA (Tutorships)
Court
NIETO ALONSO, ANTONIA (Student’s tutor)
NIETO ALONSO, ANTONIA (Student’s tutor)
The idea of separation of powers in the 1978 Constitution: Analysis of its relevance today
Authorship
A.Q.M.
Bachelor's Degree in Law
A.Q.M.
Bachelor's Degree in Law
Defense date
07.18.2024 18:40
07.18.2024 18:40
Summary
The present essay will address the way in which the Spanish Constitution of 1978 embodies the separation of powers of the State, a concept theorized over the past centuries by great thinkers in the field of Legal Sciences. To achieve this, an organic study of the constitutional text will be conducted, analyzing the functioning system of the legislative, executive, and judicial powers in our legal system. Apart from that, an analysis will be carried out on certain institutions and situations within the Spanish constitutional law and political practice that constitute problematic and controversial relationships concerning the validity of the division of powers. This concept is key to determining whether a State conforms to the requirements of a modern democratic system.
The present essay will address the way in which the Spanish Constitution of 1978 embodies the separation of powers of the State, a concept theorized over the past centuries by great thinkers in the field of Legal Sciences. To achieve this, an organic study of the constitutional text will be conducted, analyzing the functioning system of the legislative, executive, and judicial powers in our legal system. Apart from that, an analysis will be carried out on certain institutions and situations within the Spanish constitutional law and political practice that constitute problematic and controversial relationships concerning the validity of the division of powers. This concept is key to determining whether a State conforms to the requirements of a modern democratic system.
Direction
BLANCO VALDES, ROBERTO LUIS (Tutorships)
BLANCO VALDES, ROBERTO LUIS (Tutorships)
Court
BLANCO VALDES, ROBERTO LUIS (Student’s tutor)
BLANCO VALDES, ROBERTO LUIS (Student’s tutor)
Seizure order as a legal consecuence of the crime.
Authorship
A.A.C.
Bachelor's Degree in Criminology
A.A.C.
Bachelor's Degree in Criminology
Defense date
07.01.2024 13:00
07.01.2024 13:00
Summary
This paper is about judicial confiscation in Spain, addressing its definition, historical evolution, typology, current law regulations and its special connection with asset investigation and money laundering. Its different applications will be analysed, as well as the problems derived from the management of the seized assets, trying to make an exhaustive approach to finally draw conclusions about what has been studied.
This paper is about judicial confiscation in Spain, addressing its definition, historical evolution, typology, current law regulations and its special connection with asset investigation and money laundering. Its different applications will be analysed, as well as the problems derived from the management of the seized assets, trying to make an exhaustive approach to finally draw conclusions about what has been studied.
Direction
GUINARTE CABADA, GUMERSINDO (Tutorships)
GUINARTE CABADA, GUMERSINDO (Tutorships)
Court
GUINARTE CABADA, GUMERSINDO (Student’s tutor)
GUINARTE CABADA, GUMERSINDO (Student’s tutor)
A Comparison between Drug Courts and the Organic Law 5/2000 about Criminal Liability of Minor Procedures
Authorship
A.F.J.
Bachelor's Degree in Criminology
A.F.J.
Bachelor's Degree in Criminology
Defense date
07.22.2024 10:00
07.22.2024 10:00
Summary
Drug Treatment Courts are resources used by the U.S. jurisdiction in order to solve in a cross-sectional way the crimes caused by offenders who are involved on drugs problems; likewise Spain has, related to minors justice, some legal procedures with similar characteristics. The aim of this survey is the exploration of both systems to find out its efficiency, similarities, main differences and prove which one seems to be the most propriety on the practical implementation. Lots of essays addressed on the TTD seems to state an enhacement in terms of recidivism, though other aspects about the implementation remain unclear.
Drug Treatment Courts are resources used by the U.S. jurisdiction in order to solve in a cross-sectional way the crimes caused by offenders who are involved on drugs problems; likewise Spain has, related to minors justice, some legal procedures with similar characteristics. The aim of this survey is the exploration of both systems to find out its efficiency, similarities, main differences and prove which one seems to be the most propriety on the practical implementation. Lots of essays addressed on the TTD seems to state an enhacement in terms of recidivism, though other aspects about the implementation remain unclear.
Direction
GOMEZ FRAGUELA, Xosé Antón (Tutorships)
GOMEZ FRAGUELA, Xosé Antón (Tutorships)
Court
GOMEZ FRAGUELA, Xosé Antón (Student’s tutor)
GOMEZ FRAGUELA, Xosé Antón (Student’s tutor)
Exemption from taxation of wealth tax in the family business
Authorship
I.B.A.
Bachelor's Degree in Law
I.B.A.
Bachelor's Degree in Law
Defense date
02.16.2024 12:15
02.16.2024 12:15
Summary
This final degree project deals with the exemption from wealth tax for family businesses in Spain. Wealth taxes are levied on the value of a person's total assets, including, among others, real estate, financial capital, and personal property. Since family businesses are often the main source of a family's wealth, it is important to consider the effect of wealth taxation on them. This project aims to analyze the legal framework of the wealth tax exemption for family businesses in Spain. In particular, it studies the existing regulations on wealth tax exemption for family businesses, as well as their application in practice. Finally, this project aims to provide a comprehensive assessment of the wealth tax exemption for family businesses in Spain. This includes an assessment of the national legal framework, as well as an evaluation of the practical implications of the exemption and present the conclusions of the project, in order to guide and advise family businesses wishing to benefit from the wealth tax exemption.
This final degree project deals with the exemption from wealth tax for family businesses in Spain. Wealth taxes are levied on the value of a person's total assets, including, among others, real estate, financial capital, and personal property. Since family businesses are often the main source of a family's wealth, it is important to consider the effect of wealth taxation on them. This project aims to analyze the legal framework of the wealth tax exemption for family businesses in Spain. In particular, it studies the existing regulations on wealth tax exemption for family businesses, as well as their application in practice. Finally, this project aims to provide a comprehensive assessment of the wealth tax exemption for family businesses in Spain. This includes an assessment of the national legal framework, as well as an evaluation of the practical implications of the exemption and present the conclusions of the project, in order to guide and advise family businesses wishing to benefit from the wealth tax exemption.
Direction
NIETO MONTERO, JUAN JOSE (Tutorships)
NIETO MONTERO, JUAN JOSE (Tutorships)
Court
NIETO MONTERO, JUAN JOSE (Student’s tutor)
NIETO MONTERO, JUAN JOSE (Student’s tutor)
The concept of frontier workers and their fiscal regime
Authorship
C.A.P.
Bachelor's Degree in Law
C.A.P.
Bachelor's Degree in Law
Defense date
07.19.2024 10:30
07.19.2024 10:30
Summary
Throughout history, borders have been important areas for trade and the movement of people. The frontier worker, different from the migrant person, has a double connection with the country in which he works and with the country in which he resides. The problem surrounding this figure arises at the time of discerning which State will have the power to tax the income obtained by this frontier worker, there being a conflict between the taxing powers of the States both of residence and of the source of the income. Based on this conflict, there are a series of issues that will be analyzed in this paper, such as the definition of the frontier worker, his characteristics, the different regulations that will be applicable to him (both international and national) and the analysis of the tax treatment of the income he obtains. The aim of this paper is to study the regulations governing this figure in Spain and its border countries in order to understand the legal framework in which the frontier worker is framed.
Throughout history, borders have been important areas for trade and the movement of people. The frontier worker, different from the migrant person, has a double connection with the country in which he works and with the country in which he resides. The problem surrounding this figure arises at the time of discerning which State will have the power to tax the income obtained by this frontier worker, there being a conflict between the taxing powers of the States both of residence and of the source of the income. Based on this conflict, there are a series of issues that will be analyzed in this paper, such as the definition of the frontier worker, his characteristics, the different regulations that will be applicable to him (both international and national) and the analysis of the tax treatment of the income he obtains. The aim of this paper is to study the regulations governing this figure in Spain and its border countries in order to understand the legal framework in which the frontier worker is framed.
Direction
RUIBAL PEREIRA, LUZ MARIA (Tutorships)
RUIBAL PEREIRA, LUZ MARIA (Tutorships)
Court
RUIBAL PEREIRA, LUZ MARIA (Student’s tutor)
RUIBAL PEREIRA, LUZ MARIA (Student’s tutor)
Interim contract
Authorship
M.C.T.B.
Bachelor's Degree in Law
M.C.T.B.
Bachelor's Degree in Law
Defense date
02.16.2024 11:00
02.16.2024 11:00
Summary
The purpose of this paper is to make an analysis of how the regulations on labor contracts have been modified to put an end to temporary contracts and promote the use of indefinite contracts, as well as to determine what contractual modalities the law allows them to be entered into and in what way. Among temporary contracts, an in-depth analysis will be made of the interim contract that is regulated by Royal Decree 2720/1998 and by Royal Legislative Decree 2/2015, and it is a causal contract that can only be used when certain circumstances occur.
The purpose of this paper is to make an analysis of how the regulations on labor contracts have been modified to put an end to temporary contracts and promote the use of indefinite contracts, as well as to determine what contractual modalities the law allows them to be entered into and in what way. Among temporary contracts, an in-depth analysis will be made of the interim contract that is regulated by Royal Decree 2720/1998 and by Royal Legislative Decree 2/2015, and it is a causal contract that can only be used when certain circumstances occur.
Direction
VILLALBA SANCHEZ, ALICIA (Tutorships)
VILLALBA SANCHEZ, ALICIA (Tutorships)
Court
VILLALBA SANCHEZ, ALICIA (Student’s tutor)
VILLALBA SANCHEZ, ALICIA (Student’s tutor)
The National Police under a gender prism
Authorship
O.B.A.
Bachelor of Criminology
O.B.A.
Bachelor of Criminology
Defense date
06.28.2024 16:45
06.28.2024 16:45
Summary
The National Police Corps has typically been a civil institution designed especially for men, although it has been more than 40 years since the first places reserved for women in said corps were published. To this end, the incorporation of women into public functions traditionally considered masculine, including the National Police Corps, is relatively recent and some are even yet to come. In this context, the present work tries to analyze the incorporation of women into police life, taking into account the role they play in the force and the efficiency of the National Police Corps in this sector. The objective is to know if there really is a comparison of equality between female police officers and the male gender, and if the functions they perform within this body are different from those of men or if they can truly become more efficient in certain areas. After beginning with a brief historical framework and a review of the literature, which offers a panoramic view of the situation of policewomen, an in-depth analysis is carried out to know and understand the functions of women in the National Police Corps and the types of work they do. In this way, we are going to verify that although there is legislation in favor of gender equality, the truth is that it is still far from being achieved, especially if we observe the leadership where the large and small decisions of the National Police Corps are managed, composed almost exclusively by men.
The National Police Corps has typically been a civil institution designed especially for men, although it has been more than 40 years since the first places reserved for women in said corps were published. To this end, the incorporation of women into public functions traditionally considered masculine, including the National Police Corps, is relatively recent and some are even yet to come. In this context, the present work tries to analyze the incorporation of women into police life, taking into account the role they play in the force and the efficiency of the National Police Corps in this sector. The objective is to know if there really is a comparison of equality between female police officers and the male gender, and if the functions they perform within this body are different from those of men or if they can truly become more efficient in certain areas. After beginning with a brief historical framework and a review of the literature, which offers a panoramic view of the situation of policewomen, an in-depth analysis is carried out to know and understand the functions of women in the National Police Corps and the types of work they do. In this way, we are going to verify that although there is legislation in favor of gender equality, the truth is that it is still far from being achieved, especially if we observe the leadership where the large and small decisions of the National Police Corps are managed, composed almost exclusively by men.
Direction
FERREIRO SEOANE, FRANCISCO JESUS (Tutorships)
FERREIRO SEOANE, FRANCISCO JESUS (Tutorships)
Court
FERREIRO SEOANE, FRANCISCO JESUS (Student’s tutor)
FERREIRO SEOANE, FRANCISCO JESUS (Student’s tutor)
artificial intelligence in the legal field
Authorship
P.D.Q.E.
Bachelor's Degree in Law
P.D.Q.E.
Bachelor's Degree in Law
Defense date
06.28.2024 12:00
06.28.2024 12:00
Summary
The following work aims to illustrate the figure of Artificial Intelligence in the world of Law, relating it to ethics and philosophy, clarifying its peculiarities and main characteristics. Criticism and responsibility to be taken into account when using AI in the legal field are addressed, considering the ethical and social implications that its application entails. In addition, different points of view are presented on the present and future of this figure, which has gained special relevance in recent times, analyzing both its potential benefits and the challenges and risks associated with it. Through this comprehensive analysis, the aim is to provide a comprehensive view of the intersection between Artificial Intelligence and Law, highlighting the need for critical reflection and appropriate regulation to ensure its ethical and responsible use in contemporary society
The following work aims to illustrate the figure of Artificial Intelligence in the world of Law, relating it to ethics and philosophy, clarifying its peculiarities and main characteristics. Criticism and responsibility to be taken into account when using AI in the legal field are addressed, considering the ethical and social implications that its application entails. In addition, different points of view are presented on the present and future of this figure, which has gained special relevance in recent times, analyzing both its potential benefits and the challenges and risks associated with it. Through this comprehensive analysis, the aim is to provide a comprehensive view of the intersection between Artificial Intelligence and Law, highlighting the need for critical reflection and appropriate regulation to ensure its ethical and responsible use in contemporary society
Direction
SEGURA ORTEGA, MANUEL (Tutorships)
SEGURA ORTEGA, MANUEL (Tutorships)
Court
SEGURA ORTEGA, MANUEL (Student’s tutor)
SEGURA ORTEGA, MANUEL (Student’s tutor)
The holographic testament.
Authorship
G.D.S.
Bachelor's Degree in Law
G.D.S.
Bachelor's Degree in Law
Defense date
06.27.2024 12:30
06.27.2024 12:30
Summary
The objective of this work is to make a study of the holographic testament. At first, we will contextualize the will in general, talking about its possible ineffectiveness, as well as mentioning the different testamentary forms. Next, we will focus on the holographic will and see the formal requirements whose concurrence allows it to display all its effects. Afterwards, we will make a brief reference to testamentary interpretation, ending with some conclusions.
The objective of this work is to make a study of the holographic testament. At first, we will contextualize the will in general, talking about its possible ineffectiveness, as well as mentioning the different testamentary forms. Next, we will focus on the holographic will and see the formal requirements whose concurrence allows it to display all its effects. Afterwards, we will make a brief reference to testamentary interpretation, ending with some conclusions.
Direction
Herrero Oviedo, Margarita Cristina (Tutorships)
Herrero Oviedo, Margarita Cristina (Tutorships)
Court
Herrero Oviedo, Margarita Cristina (Student’s tutor)
Herrero Oviedo, Margarita Cristina (Student’s tutor)
Cyanide intoxication: from its chemical forms to its forensic implications
Authorship
A.V.V.
Bachelor of Criminology
A.V.V.
Bachelor of Criminology
Defense date
07.19.2024 12:00
07.19.2024 12:00
Summary
A bibliographic review of cyanide is carried out to obtain a complete view of its use. The aim is to investigate its chemical nature, existing from cyanide salts such as potassium cyanide, to its gaseous state as cyanogen or liquid as hydrocyanic acid. We will also try to explain its links in accidental poisoning due to ingestion of cyanogenic glycosides or fires, cases of professional exposure or its use in cases of suicides and homicides. On the other hand, the symptoms caused by cyanide poisoning will be stated, mainly the inhibition of cytochrome oxidase and the production of cytotoxic hypoxia. Despite the research on this poison, cyanide poisoning is unusual and its diagnosis is complicated due to the lack of specificity in its symptoms; however, its lethality and speed of action is very high. Therefore, the various antidotes clinically available for the treatment of cyanide will also be explained, highlighting the use of hydroxocobalamin. Finally, we will find out its use in the forensic field as a poison, thus explaining everything from the investigation of the scene to the toxicological analysis of blood samples and the pathological analysis of the corpse.
A bibliographic review of cyanide is carried out to obtain a complete view of its use. The aim is to investigate its chemical nature, existing from cyanide salts such as potassium cyanide, to its gaseous state as cyanogen or liquid as hydrocyanic acid. We will also try to explain its links in accidental poisoning due to ingestion of cyanogenic glycosides or fires, cases of professional exposure or its use in cases of suicides and homicides. On the other hand, the symptoms caused by cyanide poisoning will be stated, mainly the inhibition of cytochrome oxidase and the production of cytotoxic hypoxia. Despite the research on this poison, cyanide poisoning is unusual and its diagnosis is complicated due to the lack of specificity in its symptoms; however, its lethality and speed of action is very high. Therefore, the various antidotes clinically available for the treatment of cyanide will also be explained, highlighting the use of hydroxocobalamin. Finally, we will find out its use in the forensic field as a poison, thus explaining everything from the investigation of the scene to the toxicological analysis of blood samples and the pathological analysis of the corpse.
Direction
BERMEJO BARRERA, ANA MARIA (Tutorships)
BERMEJO BARRERA, ANA MARIA (Tutorships)
Court
BERMEJO BARRERA, ANA MARIA (Student’s tutor)
BERMEJO BARRERA, ANA MARIA (Student’s tutor)
The collective dismissal and the negotiating role of trade unions.
Authorship
M.L.S.
Bachelor's Degree in Law
M.L.S.
Bachelor's Degree in Law
Defense date
09.13.2024 13:30
09.13.2024 13:30
Summary
A work contract can end through a collective dismissal, which may be due to economic, technical, organizational, or production-related reasons, the same reasons that apply to objective dismissals. However, there are differences concerning the number of affected workers, the application of Directive 98/59/EC, and the necessary procedure that involves the participation of employee representatives. Although the constitution does not recognize unitary representation in companies as a right, Article 129.2 of the Spanish Constitution states that it is the responsibility of public authorities to promote participation in companies. Employee committees and union delegates have detailed responsibilities under Article 64 of the Workers' Statute, including the right to consult on matters such as staff restructuring and partial or total dismissals. In the case of collective dismissals, Article 51 of the Workers' Statute establishes that employee representatives act as interlocutors in the consultation process. During the consultation period, possible alternatives to avoid or reduce dismissals must be discussed, as well as accompanying social measures. The labor authority may mediate if necessary. If no agreement is reached, the employer decides on the collective dismissal and its conditions, following a procedure that includes negotiating the business project for collective terminations. The dismissal decision must be communicated individually to each affected worker after undergoing a consultation period with the employee representatives. The communication must meet the requirements established in Article 53.1 of the Workers' Statute. The labor authority may challenge agreements on collective dismissals if it is believed that they were reached fraudulently, coercively, or abusively. Challenges are resolved in the Social Courts.
A work contract can end through a collective dismissal, which may be due to economic, technical, organizational, or production-related reasons, the same reasons that apply to objective dismissals. However, there are differences concerning the number of affected workers, the application of Directive 98/59/EC, and the necessary procedure that involves the participation of employee representatives. Although the constitution does not recognize unitary representation in companies as a right, Article 129.2 of the Spanish Constitution states that it is the responsibility of public authorities to promote participation in companies. Employee committees and union delegates have detailed responsibilities under Article 64 of the Workers' Statute, including the right to consult on matters such as staff restructuring and partial or total dismissals. In the case of collective dismissals, Article 51 of the Workers' Statute establishes that employee representatives act as interlocutors in the consultation process. During the consultation period, possible alternatives to avoid or reduce dismissals must be discussed, as well as accompanying social measures. The labor authority may mediate if necessary. If no agreement is reached, the employer decides on the collective dismissal and its conditions, following a procedure that includes negotiating the business project for collective terminations. The dismissal decision must be communicated individually to each affected worker after undergoing a consultation period with the employee representatives. The communication must meet the requirements established in Article 53.1 of the Workers' Statute. The labor authority may challenge agreements on collective dismissals if it is believed that they were reached fraudulently, coercively, or abusively. Challenges are resolved in the Social Courts.
Direction
MUNIN SANCHEZ, LARA MARIA (Tutorships)
MUNIN SANCHEZ, LARA MARIA (Tutorships)
Court
MUNIN SANCHEZ, LARA MARIA (Student’s tutor)
MUNIN SANCHEZ, LARA MARIA (Student’s tutor)
Partition by coheirs
Authorship
M.B.F.L.
Bachelor's Degree in Law
M.B.F.L.
Bachelor's Degree in Law
Defense date
09.12.2024 10:30
09.12.2024 10:30
Summary
The aim of this paper is to analyse the partition by coheirs within the Civil Code and the Galician Civil Law, starting with a generalised exposition of the partition and the different forms of partition existing in both systems as a contextualisation. After establishing the applicable law, we analyse the partition by unanimous agreement of the coheirs in the CC and in the LDCG, continuing with the partition promoted by the majority in the LDCG, pointing out in both cases the objective and subjective assumptions, and the rules and partitional operations, to finish by establishing the differences between the Galician partition by majority and the accountant-partisan dative of the CC. The analysis is completed with a study of the effects and cases of ineffectiveness of the partition.
The aim of this paper is to analyse the partition by coheirs within the Civil Code and the Galician Civil Law, starting with a generalised exposition of the partition and the different forms of partition existing in both systems as a contextualisation. After establishing the applicable law, we analyse the partition by unanimous agreement of the coheirs in the CC and in the LDCG, continuing with the partition promoted by the majority in the LDCG, pointing out in both cases the objective and subjective assumptions, and the rules and partitional operations, to finish by establishing the differences between the Galician partition by majority and the accountant-partisan dative of the CC. The analysis is completed with a study of the effects and cases of ineffectiveness of the partition.
Direction
CARBALLO FIDALGO, MARTA (Tutorships)
CARBALLO FIDALGO, MARTA (Tutorships)
Court
CARBALLO FIDALGO, MARTA (Student’s tutor)
CARBALLO FIDALGO, MARTA (Student’s tutor)
Criminal mediation and Gender- based violence
Authorship
U.P.C.
Bachelor's Degree in Law
U.P.C.
Bachelor's Degree in Law
Defense date
02.16.2024 09:15
02.16.2024 09:15
Summary
The purpose of this essay is to carry out an analysis of the situation about the regulation of criminal mediation in our country, specifically the prohibition of it in cases of gender violence. The examination of this issue, in addition to focusing on this problem, will go through a conceptualization of the figure of the victim, specifically the victims of gender- based violence, an approach to restorative justice and criminal mediation, as well as an analysis of the reality of criminal mediation in cases of gender- based violence, from the perspective of the detractors and the supporters. Finally, a proposal for regulation will be made in which we will focus on the enactment of a criminal mediation law, which doesn´t exist in our current legal system.
The purpose of this essay is to carry out an analysis of the situation about the regulation of criminal mediation in our country, specifically the prohibition of it in cases of gender violence. The examination of this issue, in addition to focusing on this problem, will go through a conceptualization of the figure of the victim, specifically the victims of gender- based violence, an approach to restorative justice and criminal mediation, as well as an analysis of the reality of criminal mediation in cases of gender- based violence, from the perspective of the detractors and the supporters. Finally, a proposal for regulation will be made in which we will focus on the enactment of a criminal mediation law, which doesn´t exist in our current legal system.
Direction
Alonso Salgado, Cristina (Tutorships)
Alonso Salgado, Cristina (Tutorships)
Court
Alonso Salgado, Cristina (Student’s tutor)
Alonso Salgado, Cristina (Student’s tutor)
The right to decent housing: scope and constitutional challenges.
Authorship
A.O.M.
Bachelor of Criminology
A.O.M.
Bachelor of Criminology
Defense date
07.18.2024 10:00
07.18.2024 10:00
Summary
This study examines the right to decent housing in Spain and the necessity of recognizing it as a fundamental right. Currently, this right faces significant challenges due to the ineffectiveness of public policies aimed at ensuring it. Its importance is linked to other fundamental rights; without decent housing, rights such as privacy, physical and moral integrity, and equality cannot be fully upheld. We will analyze the regulatory framework at the national level and how it is interpreted by both domestic and international jurisprudence to understand its scope and the challenges of implementation. Additionally, we will explore the public policies of Spain and Galicia, and how their programs impact the realization of this right. Recognizing the right to decent housing as fundamental and ensuring its effectiveness through appropriate public policies is crucial for Spaniards to fully enjoy other rights guaranteed by the Spanish Constitution.
This study examines the right to decent housing in Spain and the necessity of recognizing it as a fundamental right. Currently, this right faces significant challenges due to the ineffectiveness of public policies aimed at ensuring it. Its importance is linked to other fundamental rights; without decent housing, rights such as privacy, physical and moral integrity, and equality cannot be fully upheld. We will analyze the regulatory framework at the national level and how it is interpreted by both domestic and international jurisprudence to understand its scope and the challenges of implementation. Additionally, we will explore the public policies of Spain and Galicia, and how their programs impact the realization of this right. Recognizing the right to decent housing as fundamental and ensuring its effectiveness through appropriate public policies is crucial for Spaniards to fully enjoy other rights guaranteed by the Spanish Constitution.
Direction
LOPEZ PORTAS, MARIA BEGOÑA (Tutorships)
LOPEZ PORTAS, MARIA BEGOÑA (Tutorships)
Court
LOPEZ PORTAS, MARIA BEGOÑA (Student’s tutor)
LOPEZ PORTAS, MARIA BEGOÑA (Student’s tutor)
Models of Police Intervention for Crime Prevention
Authorship
A.M.P.
Bachelor of Criminology
A.M.P.
Bachelor of Criminology
Defense date
07.18.2024 12:00
07.18.2024 12:00
Summary
Today, crime is a global problem that affects communities in around the world, representing a serious threat to the security and well-being of citizens. Police agencies are under constant pressure to develop effective strategies that not only respond to existing crime, but also prevent its future occurrence. This work focuses on police intervention models for crime prevention, analyzing various approaches and strategies used by the law enforcement agencies to reduce the incidence of crime and promote public safety. Through a contextualization of the problem, the choice of the topic is justified and establish the objectives of the research, which include evaluating the effectiveness of different police intervention models, determine critical factors for their success, analyze equity and justice in their implementation, and develop recommendations to improve these strategies.The theoretical framework covers the definition of police intervention, the background and evolution of models, and criminological theories relevant to crime prevention. The analysis of the theoretical and practical models includes the Police model Community, the Intelligence Oriented Model and other proactive and preventive approaches. The evaluation and results focus on indicators of success and a comparative analysis of models, while the conclusions highlight the contributions to criminology and police practice, as well as limitations of the study and areas for future research. This work aims to contribute significantly to the formulation of policies and practices more effective and fair police forces oriented towards the well-being of society.
Today, crime is a global problem that affects communities in around the world, representing a serious threat to the security and well-being of citizens. Police agencies are under constant pressure to develop effective strategies that not only respond to existing crime, but also prevent its future occurrence. This work focuses on police intervention models for crime prevention, analyzing various approaches and strategies used by the law enforcement agencies to reduce the incidence of crime and promote public safety. Through a contextualization of the problem, the choice of the topic is justified and establish the objectives of the research, which include evaluating the effectiveness of different police intervention models, determine critical factors for their success, analyze equity and justice in their implementation, and develop recommendations to improve these strategies.The theoretical framework covers the definition of police intervention, the background and evolution of models, and criminological theories relevant to crime prevention. The analysis of the theoretical and practical models includes the Police model Community, the Intelligence Oriented Model and other proactive and preventive approaches. The evaluation and results focus on indicators of success and a comparative analysis of models, while the conclusions highlight the contributions to criminology and police practice, as well as limitations of the study and areas for future research. This work aims to contribute significantly to the formulation of policies and practices more effective and fair police forces oriented towards the well-being of society.
Direction
Miguez Macho, Luis (Tutorships)
Miguez Macho, Luis (Tutorships)
Court
Miguez Macho, Luis (Student’s tutor)
Miguez Macho, Luis (Student’s tutor)
Right of representation
Authorship
N.A.I.
Bachelor's Degree in Law
N.A.I.
Bachelor's Degree in Law
Defense date
07.19.2024 11:00
07.19.2024 11:00
Summary
The main objective in this project is to analyze the right of representation in the Spanish legal system. Reference will be made to its origins, nature, assumptions, effects and differences with other legal mechanisms with identical purposes to succession representation. In addition, it will also be studied whether it is possible to apply it in terms of testate succession, and for this purpose, a brief introduction will be made to the different modalities of succession mortis causa that exist in the Spanish system. Furthermore, the different questions that could arise in relation to this institution will also be set out, as well as the position held by doctrine and case law in relation to them. Finally, and following this analysis, I will provide my opinion on these topics.
The main objective in this project is to analyze the right of representation in the Spanish legal system. Reference will be made to its origins, nature, assumptions, effects and differences with other legal mechanisms with identical purposes to succession representation. In addition, it will also be studied whether it is possible to apply it in terms of testate succession, and for this purpose, a brief introduction will be made to the different modalities of succession mortis causa that exist in the Spanish system. Furthermore, the different questions that could arise in relation to this institution will also be set out, as well as the position held by doctrine and case law in relation to them. Finally, and following this analysis, I will provide my opinion on these topics.
Direction
Herrero Oviedo, Margarita Cristina (Tutorships)
Herrero Oviedo, Margarita Cristina (Tutorships)
Court
Herrero Oviedo, Margarita Cristina (Student’s tutor)
Herrero Oviedo, Margarita Cristina (Student’s tutor)
Towards a justice focused on reintegration: analysis of custodial sentences.
Authorship
A.C.B.
Bachelor's Degree in Law
A.C.B.
Bachelor's Degree in Law
Defense date
07.23.2024 14:00
07.23.2024 14:00
Summary
This paper aims to analyze the resocializing purpose of custodial sentences provided for in article 25.2 of the Spanish Constitution. After conceptualizing the concepts of reintegration, re-education and re-socialization, the qualification of reintegration as a fundamental right will be questioned, analyzing both the different positions existing in the doctrine and the jurisprudence of the Supreme Court and the Constitutional Court. On the other hand, it will be explained how penitentiary legislation has tried to base the enforcement and execution of custodial sentences on social reintegration, following the constitutional mandate. It will be taken into account that the practical application of resocializing measures does not totally avoid the effects derived from isolation and the social uprooting implicit in the serving of custodial sentences, as a basis for analyzing how the Spanish legal system has designed alternatives that favor the serving of the sentence without excessive prejudice to the fundamental right to liberty. Finally, the involvement of society in the success or failure of social reintegration will be discussed, since, although the state seeks to adopt the most effective formulas for its achievement, this will not be effective if society does not collaborate in the proper social reception of the convict after serving the sentence, with society acquiring an essential role in this sense.
This paper aims to analyze the resocializing purpose of custodial sentences provided for in article 25.2 of the Spanish Constitution. After conceptualizing the concepts of reintegration, re-education and re-socialization, the qualification of reintegration as a fundamental right will be questioned, analyzing both the different positions existing in the doctrine and the jurisprudence of the Supreme Court and the Constitutional Court. On the other hand, it will be explained how penitentiary legislation has tried to base the enforcement and execution of custodial sentences on social reintegration, following the constitutional mandate. It will be taken into account that the practical application of resocializing measures does not totally avoid the effects derived from isolation and the social uprooting implicit in the serving of custodial sentences, as a basis for analyzing how the Spanish legal system has designed alternatives that favor the serving of the sentence without excessive prejudice to the fundamental right to liberty. Finally, the involvement of society in the success or failure of social reintegration will be discussed, since, although the state seeks to adopt the most effective formulas for its achievement, this will not be effective if society does not collaborate in the proper social reception of the convict after serving the sentence, with society acquiring an essential role in this sense.
Direction
Alonso Salgado, Cristina (Tutorships)
Alonso Salgado, Cristina (Tutorships)
Court
Alonso Salgado, Cristina (Student’s tutor)
Alonso Salgado, Cristina (Student’s tutor)
Analysis of the effectiveness in the fight againstforest fires: the role of SEPRONA and forestagents
Authorship
M.A.V.
Bachelor of Criminology
M.A.V.
Bachelor of Criminology
Defense date
09.12.2024 12:00
09.12.2024 12:00
Summary
orests and mountains. However, fire can become a great threat to fauna, flora and even to human life, and this is what we know as fires, when fire spreads throughout forests or even reaching human populated areas and habitats. Climate change, heat waves, droughts, environmental phenomena such as volcanoes, lightning, depopulation, neglect of forest care, negligence and above all fire caused by man are the most relevant causes of forest fires, and it is the latter that has the greatest repercussions. In this paper, we will analyse the processes that lead to the appearance of these phenomena, discussing their consequences and ways of preventing them, as well as analyzing the effectiveness of Seprona and Forestry Agents in the fight against these crimes. With respect to Seprona, the regressions carried out do not show that its criminal proceedings have an effect in reducing the number of disasters, fires and attempted fires, probably due to endogeneity problems in the models. There is only a negative beta coefficient with respect to the percentage of hectares burned, although it is not statistically significant. As for forestry agents, their work appears to be effective in reducing fires due to natural causes. With respect to the other types of fires, no statistically significant effect was observed, perhaps because the appropriate control variables were not incorporated. In other words, the climatic-meteorological variables used as controls seem appropriate for natural fires, but are insufficient for intentional fires.
orests and mountains. However, fire can become a great threat to fauna, flora and even to human life, and this is what we know as fires, when fire spreads throughout forests or even reaching human populated areas and habitats. Climate change, heat waves, droughts, environmental phenomena such as volcanoes, lightning, depopulation, neglect of forest care, negligence and above all fire caused by man are the most relevant causes of forest fires, and it is the latter that has the greatest repercussions. In this paper, we will analyse the processes that lead to the appearance of these phenomena, discussing their consequences and ways of preventing them, as well as analyzing the effectiveness of Seprona and Forestry Agents in the fight against these crimes. With respect to Seprona, the regressions carried out do not show that its criminal proceedings have an effect in reducing the number of disasters, fires and attempted fires, probably due to endogeneity problems in the models. There is only a negative beta coefficient with respect to the percentage of hectares burned, although it is not statistically significant. As for forestry agents, their work appears to be effective in reducing fires due to natural causes. With respect to the other types of fires, no statistically significant effect was observed, perhaps because the appropriate control variables were not incorporated. In other words, the climatic-meteorological variables used as controls seem appropriate for natural fires, but are insufficient for intentional fires.
Direction
CAAMAÑO ALEGRE, JOSE (Tutorships)
CAAMAÑO ALEGRE, JOSE (Tutorships)
Court
CAAMAÑO ALEGRE, JOSE (Student’s tutor)
CAAMAÑO ALEGRE, JOSE (Student’s tutor)
The resurrection of expired trademarks : study from the perspective of spanish law and European Union law
Authorship
L.R.I.
Bachelor's Degree in Law
L.R.I.
Bachelor's Degree in Law
Defense date
06.28.2024 09:30
06.28.2024 09:30
Summary
This paper examines the various issues that arise when a registered trade mark expires and is subsequently registered by a third party or by its own holder. The intention behind such re-registration is to take advantage of the reputation gained by the brand or hindering the entry of new commercial operators. Additionally, the paper addresses whether the residual reputation of a trademark is sufficient to prevent its revocation due to lack of use. By analysing Spanish and European legislation, this study analyses the limits of trade mark rights conferred by registration in relation to revocation for lack of use, bad faith registration, prohibition of deceptive signs, and trade marks with reputation.
This paper examines the various issues that arise when a registered trade mark expires and is subsequently registered by a third party or by its own holder. The intention behind such re-registration is to take advantage of the reputation gained by the brand or hindering the entry of new commercial operators. Additionally, the paper addresses whether the residual reputation of a trademark is sufficient to prevent its revocation due to lack of use. By analysing Spanish and European legislation, this study analyses the limits of trade mark rights conferred by registration in relation to revocation for lack of use, bad faith registration, prohibition of deceptive signs, and trade marks with reputation.
Direction
FRAMIÑAN SANTAS, FRANCISCO JAVIER (Tutorships)
FRAMIÑAN SANTAS, FRANCISCO JAVIER (Tutorships)
Court
FRAMIÑAN SANTAS, FRANCISCO JAVIER (Student’s tutor)
FRAMIÑAN SANTAS, FRANCISCO JAVIER (Student’s tutor)
Artificial Intelligence in Tax Administration: Origin and Evolution
Authorship
L.V.B.
Bachelor's Degree in Law
L.V.B.
Bachelor's Degree in Law
Defense date
06.27.2024 12:00
06.27.2024 12:00
Summary
The use of Artificial Intelligence (AI) by the Spanish Tax Administration is a transformation process that has been under development for years, reaching its peak in the last decade. This paper analyses the digitisation of the State Tax Administration Agency and the main areas, in which AI has been implemented to facilitate its powers. To this end, a comparative analysis is made of different bibliographical sources on the current regulation of AI in this field and its use. In addition, the ethical-legal implications of the use of AI are described, as well as the risks linked to it and which may affect the fundamental rights of taxpayers. Therefore, it is crucial to preserve the principles of transparency and explainability to ensure an adequate balance, as well as the need to design a methodology or standardisation that facilitates an adequate implementation of AI in the tax administration.
The use of Artificial Intelligence (AI) by the Spanish Tax Administration is a transformation process that has been under development for years, reaching its peak in the last decade. This paper analyses the digitisation of the State Tax Administration Agency and the main areas, in which AI has been implemented to facilitate its powers. To this end, a comparative analysis is made of different bibliographical sources on the current regulation of AI in this field and its use. In addition, the ethical-legal implications of the use of AI are described, as well as the risks linked to it and which may affect the fundamental rights of taxpayers. Therefore, it is crucial to preserve the principles of transparency and explainability to ensure an adequate balance, as well as the need to design a methodology or standardisation that facilitates an adequate implementation of AI in the tax administration.
Direction
RUIBAL PEREIRA, LUZ MARIA (Tutorships)
RUIBAL PEREIRA, LUZ MARIA (Tutorships)
Court
NIETO MONTERO, JUAN JOSE (Chairman)
IGLESIAS CASAIS, JOSE MANUEL (Secretary)
Villaverde Gómez, María Begoña (Member)
NIETO MONTERO, JUAN JOSE (Chairman)
IGLESIAS CASAIS, JOSE MANUEL (Secretary)
Villaverde Gómez, María Begoña (Member)
The procedural mechanism of the exception in the Roman Right
Authorship
D.V.Z.
Bachelor's Degree in Law
D.V.Z.
Bachelor's Degree in Law
Defense date
02.19.2024 11:00
02.19.2024 11:00
Summary
In this thesis, the aim is to deal with the procedural mechanism of the exception, due to the capital importance it has both in the field of Roman Procedural Law and in Civil Law itself. Although for Roman law the exception was a simple manifestation in the procedural aspect, lacking significance in the civil field, unlike what happens nowadays. Once we have determined the framework in which the analysis of the exception will be primarily focused, which will be the formal procedure, we will try to find out what value it had and the position it occupied. Well, the formal procedure was born in the Republic, being the consequence of a political change, since the Law, understood as the fundamental tool of social organization and control of citizenship, is a vital instrument in any change of direction in politics. With regard to the concept, we can define it as that extraordinary part of the formula that served as a means of defense for both the defendant and the plaintiff, depending on who it was that requested it. Its function was not to deny the intentio, but simply to counteract it, to show that although the fact stated was true, there was a circumstance or fact that invalidated the plaintiff's claim or, in the event that it was requested by the plaintiff, to counteract that fact or circumstance that the defendant had previously bequeathed in order to invalidate the intentio. Once the request made by one of the parties has been analysed, it will be the praetor who decides whether or not to grant the plea. It is necessary to understand where the exceptions arise from, since the birth of this procedural mechanism is based on three sources: the pacts, the edicts and the laws.
In this thesis, the aim is to deal with the procedural mechanism of the exception, due to the capital importance it has both in the field of Roman Procedural Law and in Civil Law itself. Although for Roman law the exception was a simple manifestation in the procedural aspect, lacking significance in the civil field, unlike what happens nowadays. Once we have determined the framework in which the analysis of the exception will be primarily focused, which will be the formal procedure, we will try to find out what value it had and the position it occupied. Well, the formal procedure was born in the Republic, being the consequence of a political change, since the Law, understood as the fundamental tool of social organization and control of citizenship, is a vital instrument in any change of direction in politics. With regard to the concept, we can define it as that extraordinary part of the formula that served as a means of defense for both the defendant and the plaintiff, depending on who it was that requested it. Its function was not to deny the intentio, but simply to counteract it, to show that although the fact stated was true, there was a circumstance or fact that invalidated the plaintiff's claim or, in the event that it was requested by the plaintiff, to counteract that fact or circumstance that the defendant had previously bequeathed in order to invalidate the intentio. Once the request made by one of the parties has been analysed, it will be the praetor who decides whether or not to grant the plea. It is necessary to understand where the exceptions arise from, since the birth of this procedural mechanism is based on three sources: the pacts, the edicts and the laws.
Direction
SIXTO DA SILVA, MARIA ESPERANZA (Tutorships)
SIXTO DA SILVA, MARIA ESPERANZA (Tutorships)
Court
SIXTO DA SILVA, MARIA ESPERANZA (Student’s tutor)
SIXTO DA SILVA, MARIA ESPERANZA (Student’s tutor)
Light management, a legal perspective
Authorship
C.R.N.
Bachelor's Degree in Law
C.R.N.
Bachelor's Degree in Law
Defense date
09.12.2024 12:00
09.12.2024 12:00
Summary
Artificial light at night, although it is one of the markers of human activity, implies the alteration of a natural resource, the night, and as an aggressor element it results in light pollution. Light pollution is a direct consequence of the spread and indiscriminate and irrational consumption of artificial light1. Throughout this work we will explain the causes and impacts of this polluting agent, we will analyze its regulatory framework, state, regional and local regulation, paying special attention to injured rights and legal assets protected or deserving of protection.
Artificial light at night, although it is one of the markers of human activity, implies the alteration of a natural resource, the night, and as an aggressor element it results in light pollution. Light pollution is a direct consequence of the spread and indiscriminate and irrational consumption of artificial light1. Throughout this work we will explain the causes and impacts of this polluting agent, we will analyze its regulatory framework, state, regional and local regulation, paying special attention to injured rights and legal assets protected or deserving of protection.
Direction
CARBALLEIRA RIVERA, MARIA TERESA (Tutorships)
CARBALLEIRA RIVERA, MARIA TERESA (Tutorships)
Court
CARBALLEIRA RIVERA, MARIA TERESA (Student’s tutor)
CARBALLEIRA RIVERA, MARIA TERESA (Student’s tutor)
Principles of the criminal process and modifications in the law of criminal procedure after the royal decree law 6/2023, decembre 19 th.
Authorship
R.A.F.
Bachelor's Degree in Criminology
R.A.F.
Bachelor's Degree in Criminology
Defense date
09.13.2024 13:30
09.13.2024 13:30
Summary
SUMMARY The criminal process is the instrument by which the State can exercise the ius puniendi or right to punish. The principles that inform the criminal process make up the sturucture of it and help to understand the functions of the criminal process and its study allows to obtain a general perspective of its structure and dynamics. Therefore, his study also has to be complemented, necessarily, with the doctrine of the different Courts, mainly of the Constitutional Court and the Supreme Court as well as, although to a lesser extent, by the European Court of Human Rights. The procedural legislation is articulated around the criminal Procedure Law, whose text comes from the nineteenth century; its reforms have been numerous, highlighting the las tones carried out in application of Royal Decree-Law 6/2023, of December 4, 19.
SUMMARY The criminal process is the instrument by which the State can exercise the ius puniendi or right to punish. The principles that inform the criminal process make up the sturucture of it and help to understand the functions of the criminal process and its study allows to obtain a general perspective of its structure and dynamics. Therefore, his study also has to be complemented, necessarily, with the doctrine of the different Courts, mainly of the Constitutional Court and the Supreme Court as well as, although to a lesser extent, by the European Court of Human Rights. The procedural legislation is articulated around the criminal Procedure Law, whose text comes from the nineteenth century; its reforms have been numerous, highlighting the las tones carried out in application of Royal Decree-Law 6/2023, of December 4, 19.
Direction
SANJURJO RIVO, VICENTE ANTONIO (Tutorships)
SANJURJO RIVO, VICENTE ANTONIO (Tutorships)
Court
SANJURJO RIVO, VICENTE ANTONIO (Student’s tutor)
SANJURJO RIVO, VICENTE ANTONIO (Student’s tutor)
The crime of malicious judicial prevarication
Authorship
C.C.F.
Bachelor's Degree in Law
C.C.F.
Bachelor's Degree in Law
Defense date
07.23.2024 12:00
07.23.2024 12:00
Summary
This Final Degree Project aims to carry out an exhaustive study of the crime of malicious judicial prevarication regulated in article 446 CP. Firstly, we will examine each of the elements that constitute the crime relating to the conduct of issuing an unfair decision by the judge o magistrate. In the second part, we will analyze four rulings, three of them convictions, which illustrate how this criminal offence is applied in practice and the Supreme Court verdicts in these cases.
This Final Degree Project aims to carry out an exhaustive study of the crime of malicious judicial prevarication regulated in article 446 CP. Firstly, we will examine each of the elements that constitute the crime relating to the conduct of issuing an unfair decision by the judge o magistrate. In the second part, we will analyze four rulings, three of them convictions, which illustrate how this criminal offence is applied in practice and the Supreme Court verdicts in these cases.
Direction
VAZQUEZ-PORTOMEÑE SEIJAS, FERNANDO ANTONIO (Tutorships)
VAZQUEZ-PORTOMEÑE SEIJAS, FERNANDO ANTONIO (Tutorships)
Court
VAZQUEZ-PORTOMEÑE SEIJAS, FERNANDO ANTONIO (Student’s tutor)
VAZQUEZ-PORTOMEÑE SEIJAS, FERNANDO ANTONIO (Student’s tutor)
Undergraduate Dissertation
Authorship
F.D.L.M.C.
Bachelor of Criminology
F.D.L.M.C.
Bachelor of Criminology
Defense date
06.27.2024 20:20
06.27.2024 20:20
Summary
El Tribunal del Jurado es la institución que permite a los ciudadanos participar de forma directa en la Administración de Justicia juzgando la culpabilidad o la inocencia de un reo. El Tribunal del Jurado en España viene regulado en el artículo 125 de la Constitución Española y en la Ley Orgánica del Tribunal del Jurado, LO 5/1995 de 22 de mayo de 1995 que se elabora para fomentar la participación de personas legas en el sistema judicial. Esta institución a lo largo de nuestra historia ha pasado por distintos periodos y etapas, llegando incluso a ser suprimido en alguna ocasión. Asimismo, a lo largo del tiempo su composición y sus funciones han ido variando en las distintas regulaciones que han existido. El Jurado presenta una naturaleza mixta, compleja y constituida por principios de carácter político e ideológico. El Tribunal del Jurado es un derecho-deber para todos los ciudadanos, siempre y cuando no concurra ninguno de los motivos regulados en la Ley Orgánica 5/1995 que impidan su aplicación o participación en él. Este trabajo pretende recoger el concepto, la historia, la composición, las funciones, el ámbito objetivo, las ventajas y los inconvenientes que presenta la institución del Jurado en España.
El Tribunal del Jurado es la institución que permite a los ciudadanos participar de forma directa en la Administración de Justicia juzgando la culpabilidad o la inocencia de un reo. El Tribunal del Jurado en España viene regulado en el artículo 125 de la Constitución Española y en la Ley Orgánica del Tribunal del Jurado, LO 5/1995 de 22 de mayo de 1995 que se elabora para fomentar la participación de personas legas en el sistema judicial. Esta institución a lo largo de nuestra historia ha pasado por distintos periodos y etapas, llegando incluso a ser suprimido en alguna ocasión. Asimismo, a lo largo del tiempo su composición y sus funciones han ido variando en las distintas regulaciones que han existido. El Jurado presenta una naturaleza mixta, compleja y constituida por principios de carácter político e ideológico. El Tribunal del Jurado es un derecho-deber para todos los ciudadanos, siempre y cuando no concurra ninguno de los motivos regulados en la Ley Orgánica 5/1995 que impidan su aplicación o participación en él. Este trabajo pretende recoger el concepto, la historia, la composición, las funciones, el ámbito objetivo, las ventajas y los inconvenientes que presenta la institución del Jurado en España.
Direction
Alonso Salgado, Cristina (Tutorships)
Alonso Salgado, Cristina (Tutorships)
Court
Alonso Salgado, Cristina (Student’s tutor)
Alonso Salgado, Cristina (Student’s tutor)
Money laundering: new technologies.
Authorship
S.P.F.
Bachelor of Criminology
S.P.F.
Bachelor of Criminology
Defense date
07.02.2024 11:00
07.02.2024 11:00
Summary
In the current financial landscape, the concurrence of new technologies and money laundering strategies has outlined a complex and dynamic scenario. Thus, the emergence of cutting-edge technologies has redefined the financial landscape, presenting both opportunities and challenges. The objetive of this work is to delve into the exciting and intricate field of money laundering, specifically exploring how new technologies such as cryptocurrencies, blockchain, or artificial intelligence have altered traditional dynamics of detection and prevention. In this work, we will decipther the tactics employed by criminal actors to conceal the illicit origin of their assets, as well as analyze the regulatory and technological responses being developed to effectively counteract this phenomenon.
In the current financial landscape, the concurrence of new technologies and money laundering strategies has outlined a complex and dynamic scenario. Thus, the emergence of cutting-edge technologies has redefined the financial landscape, presenting both opportunities and challenges. The objetive of this work is to delve into the exciting and intricate field of money laundering, specifically exploring how new technologies such as cryptocurrencies, blockchain, or artificial intelligence have altered traditional dynamics of detection and prevention. In this work, we will decipther the tactics employed by criminal actors to conceal the illicit origin of their assets, as well as analyze the regulatory and technological responses being developed to effectively counteract this phenomenon.
Direction
ABEL SOUTO, MIGUEL (Tutorships)
ABEL SOUTO, MIGUEL (Tutorships)
Court
ABEL SOUTO, MIGUEL (Student’s tutor)
ABEL SOUTO, MIGUEL (Student’s tutor)
PEPCA (Programa Escolar de Prevención del Ciber Acoso / School Program for the Prevention of Cyberbullying)
Authorship
A.H.G.
Bachelor of Criminology
A.H.G.
Bachelor of Criminology
Defense date
06.28.2024 12:30
06.28.2024 12:30
Summary
Cyberbullying (CB) can be defined as a set of aggressive and intentional actions carried out repeatedly and constantly by one or more bullies who, using electronic means as an instrument, seek to cause harm to a victim who cannot easily defend himself/herself. It is essential to tackle this problem as soon as possible, because in today´s interconnected world, minors have access to technology at increasingly younger ages and, sometimes, they use it abusively against other peers to harass and annoy them. With this purpose, the PEPCA (Programa Escolar de Prevención del Ciber Acoso / School Program for the Prevention of Cyberbullying) is created, aimed at students in the 1st and 2nd years of Compulsory Secondary Education. Through the eight participatory sessions of this program, which will last two months, the aim is to prevent the appearance of CB in the classroom. To this end, contents on this subject are taught, such as the existing types, the ways of appearance, roles, risk and protection factors or its consequences. In addition, the PEPCA highlights the profile of the criminologist as the professional who guides the implementation of the program and the achievements of its objectives. It is essential to continue with research on cyberbullying to achieve social change, starting with the youngest, through education.
Cyberbullying (CB) can be defined as a set of aggressive and intentional actions carried out repeatedly and constantly by one or more bullies who, using electronic means as an instrument, seek to cause harm to a victim who cannot easily defend himself/herself. It is essential to tackle this problem as soon as possible, because in today´s interconnected world, minors have access to technology at increasingly younger ages and, sometimes, they use it abusively against other peers to harass and annoy them. With this purpose, the PEPCA (Programa Escolar de Prevención del Ciber Acoso / School Program for the Prevention of Cyberbullying) is created, aimed at students in the 1st and 2nd years of Compulsory Secondary Education. Through the eight participatory sessions of this program, which will last two months, the aim is to prevent the appearance of CB in the classroom. To this end, contents on this subject are taught, such as the existing types, the ways of appearance, roles, risk and protection factors or its consequences. In addition, the PEPCA highlights the profile of the criminologist as the professional who guides the implementation of the program and the achievements of its objectives. It is essential to continue with research on cyberbullying to achieve social change, starting with the youngest, through education.
Direction
Mallo López, Sabela Carme (Tutorships)
Mallo López, Sabela Carme (Tutorships)
Court
ESMORIS ARRANZ, FRANCISCO JOSE (Chairman)
Mallo López, Sabela Carme (Secretary)
GOMEZ FRAGUELA, Xosé Antón (Member)
ESMORIS ARRANZ, FRANCISCO JOSE (Chairman)
Mallo López, Sabela Carme (Secretary)
GOMEZ FRAGUELA, Xosé Antón (Member)
Relationship between parent-child violence and the consumption of psychoactive substances
Authorship
A.L.G.
Bachelor's Degree in Criminology
A.L.G.
Bachelor's Degree in Criminology
Defense date
09.13.2024 10:00
09.13.2024 10:00
Summary
Child-to-parent violence (VFP), a subtype of intrafamily violence characterized by acts of aggression from offspring towards their progenitors, has seen a significant increase over the last twenty years. Despite the prevalence reaching a point of stability, the records have shown exponential growth, doubling from 2003 to 2023, and becoming a considerable social issue. Various studies agree that this phenomenon is associated with both individual and sociocultural elements in youth development. However, there is an academic debate regarding its link to the consumption of psychoactive substances; while some studies suggest VFP as a direct consequence of such consumption, others propose that young people’s turn to drugs is a response to the violent environment they perceive, and still others argue that substance use is merely one of several factors associated with VFP. It is indisputable that the incidence of drug use in Spain has risen in the last decades, remaining constant in recent times, but raising profound concerns due to the statistics of cannabis use and the implications of such a habit. The purpose of this research is to determine the existence of a correlation between VFP and the use of psychoactive substances in the adolescent population, to discern the nature of this correlation, and to establish whether certain drugs are more closely related to this type of domestic violence. A meticulous and systematized examination of the scientific literature published in the last fifteen years has been conducted, consulting various databases and employing a rigorous methodology based on a precise and unanimous definition of the VFP concept. This study also seeks to harmonize and update the available information on the prevalence of VFP and the consumption of various addictive substances among minors, both nationally and within the autonomous community of Galicia. Furthermore, it proposes to review the most recent studies to detect possible research deficiencies in this area.
Child-to-parent violence (VFP), a subtype of intrafamily violence characterized by acts of aggression from offspring towards their progenitors, has seen a significant increase over the last twenty years. Despite the prevalence reaching a point of stability, the records have shown exponential growth, doubling from 2003 to 2023, and becoming a considerable social issue. Various studies agree that this phenomenon is associated with both individual and sociocultural elements in youth development. However, there is an academic debate regarding its link to the consumption of psychoactive substances; while some studies suggest VFP as a direct consequence of such consumption, others propose that young people’s turn to drugs is a response to the violent environment they perceive, and still others argue that substance use is merely one of several factors associated with VFP. It is indisputable that the incidence of drug use in Spain has risen in the last decades, remaining constant in recent times, but raising profound concerns due to the statistics of cannabis use and the implications of such a habit. The purpose of this research is to determine the existence of a correlation between VFP and the use of psychoactive substances in the adolescent population, to discern the nature of this correlation, and to establish whether certain drugs are more closely related to this type of domestic violence. A meticulous and systematized examination of the scientific literature published in the last fifteen years has been conducted, consulting various databases and employing a rigorous methodology based on a precise and unanimous definition of the VFP concept. This study also seeks to harmonize and update the available information on the prevalence of VFP and the consumption of various addictive substances among minors, both nationally and within the autonomous community of Galicia. Furthermore, it proposes to review the most recent studies to detect possible research deficiencies in this area.
Direction
RIAL BOUBETA, ANTONIO (Tutorships)
RIAL BOUBETA, ANTONIO (Tutorships)
Court
RIAL BOUBETA, ANTONIO (Student’s tutor)
RIAL BOUBETA, ANTONIO (Student’s tutor)
The expert opinion on the testimony of the victim of gender-based violence
Authorship
R.I.G.
Bachelor's Degree in Law
R.I.G.
Bachelor's Degree in Law
Defense date
06.27.2024 13:30
06.27.2024 13:30
Summary
The purpose of this work is to analyze the admission and assessment of the expert opinion on the credibility of the testimony of the victim of gender violence. As a starting point, it is characteristic of this type of crime that it is committed in private, in remote places or far from the presence of third parties, which makes it difficult to prove the facts of which the accusation is made. Because of this, the testimony of the victim is, in most cases, the fundamental proof of the charge to undermine the presumption of innocence of the accused. In order to discredit the credibility of the testimony of the woman victim, the opposing party usually proposes the practice of an expert examination to determine the possible reliability of her account. In the following, we will examine the admissibility regime of our jurisprudence for the practice of this evidence, which differs in the case of women or minors who are victims of these crimes. In the event that this evidence has been taken, the task of assessing the credibility of the testimony takes place, taking into account, in any case, the principle of free assessment of evidence by the judge that prevails in our legal system.
The purpose of this work is to analyze the admission and assessment of the expert opinion on the credibility of the testimony of the victim of gender violence. As a starting point, it is characteristic of this type of crime that it is committed in private, in remote places or far from the presence of third parties, which makes it difficult to prove the facts of which the accusation is made. Because of this, the testimony of the victim is, in most cases, the fundamental proof of the charge to undermine the presumption of innocence of the accused. In order to discredit the credibility of the testimony of the woman victim, the opposing party usually proposes the practice of an expert examination to determine the possible reliability of her account. In the following, we will examine the admissibility regime of our jurisprudence for the practice of this evidence, which differs in the case of women or minors who are victims of these crimes. In the event that this evidence has been taken, the task of assessing the credibility of the testimony takes place, taking into account, in any case, the principle of free assessment of evidence by the judge that prevails in our legal system.
Direction
RODRIGUEZ ALVAREZ, ANA (Tutorships)
RODRIGUEZ ALVAREZ, ANA (Tutorships)
Court
RODRIGUEZ ALVAREZ, ANA (Student’s tutor)
RODRIGUEZ ALVAREZ, ANA (Student’s tutor)
Coalition governments in the autonomic State
Authorship
C.E.B.
Bachelor's Degree in Law
C.E.B.
Bachelor's Degree in Law
Defense date
07.18.2024 09:15
07.18.2024 09:15
Summary
The present work focuses on a thorough analysis of coalition governments, concentrating on their organizational structure and functioning, with particular emphasis on national experiences in Spain, including a meticulous examination of the two existing cases at the national level. Additionally, it delves into the bipartite government that occurred in Galicia, and explores regional examples similar to it. Likewise, a study is carried out on the electoral behavior of citizens and the factors that influence it, as well as its impact on the formation of coalition governments. Also, it examines how the distribution of powers affects the formulation of governmental policies, identifying discrepancies and inherent tensions in these scenarios. To achieve this, analytical methods are employed that enable a detailed analysis of historical and contemporary data, supported by a theoretical framework that facilitates a deeper conceptual understanding of the phenomena under study.
The present work focuses on a thorough analysis of coalition governments, concentrating on their organizational structure and functioning, with particular emphasis on national experiences in Spain, including a meticulous examination of the two existing cases at the national level. Additionally, it delves into the bipartite government that occurred in Galicia, and explores regional examples similar to it. Likewise, a study is carried out on the electoral behavior of citizens and the factors that influence it, as well as its impact on the formation of coalition governments. Also, it examines how the distribution of powers affects the formulation of governmental policies, identifying discrepancies and inherent tensions in these scenarios. To achieve this, analytical methods are employed that enable a detailed analysis of historical and contemporary data, supported by a theoretical framework that facilitates a deeper conceptual understanding of the phenomena under study.
Direction
LOPEZ PORTAS, MARIA BEGOÑA (Tutorships)
LOPEZ PORTAS, MARIA BEGOÑA (Tutorships)
Court
LOPEZ PORTAS, MARIA BEGOÑA (Student’s tutor)
LOPEZ PORTAS, MARIA BEGOÑA (Student’s tutor)
Jurisprudential analysis of compensatory pension
Authorship
D.L.F.
Bachelor's Degree in Law
D.L.F.
Bachelor's Degree in Law
Defense date
06.27.2024 18:00
06.27.2024 18:00
Summary
The purpose of this Final Degree Project is to analyze some of the most relevant aspects of compensatory pension under article 97, which is an institution that was introduced into our legal system back in 1981 and since that moment, although it has only faced a major reform in 2005, has been experiencing a continuous jurisprudential evolution, trying to adapt it to the social advances that have occurred in our country since the end of last century. In this sense, the figure in analyzed from a practical point of view, highlighting the main jurisprudence about those aspects which are object to a major controversy such as the different modalities of compensation (lump sum settlement and allowance), the prospective judgment when choosing between a temporary or indefinite allowance, quantification, causes of alteration and extinction, as well as the relationships that the institution has with other private law institutions like compensation for housework under article 1438 or alimony.
The purpose of this Final Degree Project is to analyze some of the most relevant aspects of compensatory pension under article 97, which is an institution that was introduced into our legal system back in 1981 and since that moment, although it has only faced a major reform in 2005, has been experiencing a continuous jurisprudential evolution, trying to adapt it to the social advances that have occurred in our country since the end of last century. In this sense, the figure in analyzed from a practical point of view, highlighting the main jurisprudence about those aspects which are object to a major controversy such as the different modalities of compensation (lump sum settlement and allowance), the prospective judgment when choosing between a temporary or indefinite allowance, quantification, causes of alteration and extinction, as well as the relationships that the institution has with other private law institutions like compensation for housework under article 1438 or alimony.
Direction
REBOLLEDO VARELA, ANGEL LUIS (Tutorships)
REBOLLEDO VARELA, ANGEL LUIS (Tutorships)
Court
NIETO ALONSO, ANTONIA (Chairman)
TRIGO GARCIA, MARIA BELEN (Secretary)
IGLESIAS REDONDO, JULIO IGNACIO (Member)
NIETO ALONSO, ANTONIA (Chairman)
TRIGO GARCIA, MARIA BELEN (Secretary)
IGLESIAS REDONDO, JULIO IGNACIO (Member)
Minors on the Internet: Personality Rights and their protection against overexposure on social network
Authorship
C.A.M.
Bachelor's Degree in Law
C.A.M.
Bachelor's Degree in Law
Defense date
07.18.2024 12:30
07.18.2024 12:30
Summary
The advance of the use of social networks by minors highlights the relevance of the presence of a regulation (both at national and international level) that protects the situation of vulnerability of minors in social networks, as well as the dignified recognition of minors as holders of the rights to honor, to personal and family privacy and to their own image. The ownership of these rights grants them the power to consent to the use of their personality rights, both in the aforementioned personal rights, as well as in the right to the processing of their personal data. However, not all minors will be able to give their consent in any case, but in certain situations, which are the object of analysis of the present work, their parents or legal representatives must intervene in a mandatory manner. They must always act in the best interests of the minor, although this is not the case when themselves are the ones who violate the very personal rights of their own children. In this context, mechanisms must be provided to defend minors against any interference in their personal rights that may cause them any harm in the future, as well as to grant them the possibility of claiming for damages caused to them, even if they were produced by their parents or legal guardians.
The advance of the use of social networks by minors highlights the relevance of the presence of a regulation (both at national and international level) that protects the situation of vulnerability of minors in social networks, as well as the dignified recognition of minors as holders of the rights to honor, to personal and family privacy and to their own image. The ownership of these rights grants them the power to consent to the use of their personality rights, both in the aforementioned personal rights, as well as in the right to the processing of their personal data. However, not all minors will be able to give their consent in any case, but in certain situations, which are the object of analysis of the present work, their parents or legal representatives must intervene in a mandatory manner. They must always act in the best interests of the minor, although this is not the case when themselves are the ones who violate the very personal rights of their own children. In this context, mechanisms must be provided to defend minors against any interference in their personal rights that may cause them any harm in the future, as well as to grant them the possibility of claiming for damages caused to them, even if they were produced by their parents or legal guardians.
Direction
AMMERMAN YEBRA, JULIA (Tutorships)
AMMERMAN YEBRA, JULIA (Tutorships)
Court
AMMERMAN YEBRA, JULIA (Student’s tutor)
AMMERMAN YEBRA, JULIA (Student’s tutor)
Energy communities: an opportunity to fight climate change.
Authorship
M.R.C.
Bachelor's Degree in Law
M.R.C.
Bachelor's Degree in Law
Defense date
09.11.2024 12:00
09.11.2024 12:00
Summary
Energy Communities are a recently created figure whose aim is to contribute to the improvement of the environment through the production of energy from renewable sources. They represent an innovative and participatory model of energy production, distribution and consumption in which both citizens and local authorities play an active role in managing the benefits of the energy generated. They can use the aid and subsidies granted by the different public administrations to set them up. These are regulated in European law, but in Spain it is still a pending task for the legislator to complete their transposition. Although it can be deduced from the existing regulations that Energy Communities can adopt any legal form, having analysed various alternatives, this paper focuses on the cooperative society as the most advantageous. Energy Communities are not exempt from tax obligations, having to contribute to a series of state, regional and local taxes, which can be used for environmental purposes. At the regional level, the wind energy tax is of particular relevance. The main features of the taxes that present some peculiarity with respect to the taxation of energy or renewable energy are examined.
Energy Communities are a recently created figure whose aim is to contribute to the improvement of the environment through the production of energy from renewable sources. They represent an innovative and participatory model of energy production, distribution and consumption in which both citizens and local authorities play an active role in managing the benefits of the energy generated. They can use the aid and subsidies granted by the different public administrations to set them up. These are regulated in European law, but in Spain it is still a pending task for the legislator to complete their transposition. Although it can be deduced from the existing regulations that Energy Communities can adopt any legal form, having analysed various alternatives, this paper focuses on the cooperative society as the most advantageous. Energy Communities are not exempt from tax obligations, having to contribute to a series of state, regional and local taxes, which can be used for environmental purposes. At the regional level, the wind energy tax is of particular relevance. The main features of the taxes that present some peculiarity with respect to the taxation of energy or renewable energy are examined.
Direction
Villaverde Gómez, María Begoña (Tutorships)
Villaverde Gómez, María Begoña (Tutorships)
Court
NIETO MONTERO, JUAN JOSE (Chairman)
TABOADA VILLA, JORGE (Secretary)
IGLESIAS CASAIS, JOSE MANUEL (Member)
NIETO MONTERO, JUAN JOSE (Chairman)
TABOADA VILLA, JORGE (Secretary)
IGLESIAS CASAIS, JOSE MANUEL (Member)
Aproaching tax havens
Authorship
J.F.G.
Bachelor's Degree in Law
J.F.G.
Bachelor's Degree in Law
Defense date
07.01.2024 12:00
07.01.2024 12:00
Summary
Increasing globalisation in the economic sphere has highlighted the use of tax havens as tools to avoid or evade taxes. This paper focuses on a study of tax havens or so-called non-cooperative jurisdictions, covering their definition, historical origin, characteristics, and explaining how the OECD, the EU and Spanish legislation have tackled the fight against these territories. In addition, an analysis will be made of paradigmatic cases and the most notorious scandals related to tax havens. Thus, emblematic cases such as the Falciani List of HSBC Bank in 2010 and the Bank of Credit and Commerce International (BCCI) scandal in 1991, among others, will be examined. These examples will illustrate how large fortunes and entities use these territories for tax evasion and the mobilisation and concealment of capital, among other pernicious financial techniques. Finally, this paper will address the anti-tax haven measures implemented in Spanish legislation, explaining the key regulations and legislative documents that regulate the identification and treatment of tax havens in Spain. For this purpose, special emphasis will be placed on the regulations referring to non-cooperative jurisdictions in Law 35/2006, of 28 November, on Personal Income Tax, Law 27/2014, of 27 November, on Corporate Income Tax and, finally, Royal Legislative Decree 5/2004, of 5 March, approving the revised text of the Law on Non-Residents' Income Tax. The aim of this paper is to offer a general and systematising overview of the basic knowledge of tax havens, providing a concise, though not exhaustive, theoretical framework and a detailed analysis of the most relevant scandals, aswell as the strategies adopted by Spain to combat this global phenomenon.
Increasing globalisation in the economic sphere has highlighted the use of tax havens as tools to avoid or evade taxes. This paper focuses on a study of tax havens or so-called non-cooperative jurisdictions, covering their definition, historical origin, characteristics, and explaining how the OECD, the EU and Spanish legislation have tackled the fight against these territories. In addition, an analysis will be made of paradigmatic cases and the most notorious scandals related to tax havens. Thus, emblematic cases such as the Falciani List of HSBC Bank in 2010 and the Bank of Credit and Commerce International (BCCI) scandal in 1991, among others, will be examined. These examples will illustrate how large fortunes and entities use these territories for tax evasion and the mobilisation and concealment of capital, among other pernicious financial techniques. Finally, this paper will address the anti-tax haven measures implemented in Spanish legislation, explaining the key regulations and legislative documents that regulate the identification and treatment of tax havens in Spain. For this purpose, special emphasis will be placed on the regulations referring to non-cooperative jurisdictions in Law 35/2006, of 28 November, on Personal Income Tax, Law 27/2014, of 27 November, on Corporate Income Tax and, finally, Royal Legislative Decree 5/2004, of 5 March, approving the revised text of the Law on Non-Residents' Income Tax. The aim of this paper is to offer a general and systematising overview of the basic knowledge of tax havens, providing a concise, though not exhaustive, theoretical framework and a detailed analysis of the most relevant scandals, aswell as the strategies adopted by Spain to combat this global phenomenon.
Direction
NIETO MONTERO, JUAN JOSE (Tutorships)
NIETO MONTERO, JUAN JOSE (Tutorships)
Court
NIETO MONTERO, JUAN JOSE (Student’s tutor)
NIETO MONTERO, JUAN JOSE (Student’s tutor)
International jurisdiction in matrimonial disputes in Regulation 1111/2019.
Authorship
C.V.C.
Bachelor's Degree in Law
C.V.C.
Bachelor's Degree in Law
Defense date
09.12.2024 10:30
09.12.2024 10:30
Summary
The purpose of this work is to study international judicial jurisdiction in matters of marital crisis. It will be composed of an analysis of the concept of marriage at the European level and a study of the regulatory framework with reference to both community regulation and Spanish autonomous law. At the same time, an analysis of the different forums and the rules of application will be carried out on the jurisdiction rules of Regulation 1111/2019 exclusively in relation to international judicial jurisdiction in matters of marital crisis.
The purpose of this work is to study international judicial jurisdiction in matters of marital crisis. It will be composed of an analysis of the concept of marriage at the European level and a study of the regulatory framework with reference to both community regulation and Spanish autonomous law. At the same time, an analysis of the different forums and the rules of application will be carried out on the jurisdiction rules of Regulation 1111/2019 exclusively in relation to international judicial jurisdiction in matters of marital crisis.
Direction
PARADELA AREAN, PAULA (Tutorships)
PARADELA AREAN, PAULA (Tutorships)
Court
PARADELA AREAN, PAULA (Student’s tutor)
PARADELA AREAN, PAULA (Student’s tutor)
The effectiveness of verbal trial in the light of its legislative reforms
Authorship
S.L.L.
Bachelor's Degree in Law
S.L.L.
Bachelor's Degree in Law
Defense date
07.18.2024 10:00
07.18.2024 10:00
Summary
This Final Degree Project focuses on the analysis of the oral trial, a declaratory process regulated in the Civil Procedure Law 1/2000, for the processing of matters that the legislator presumes to be simple and of small amount. Since its inception, this process has been the subject of doctrinal debate due to the deficiencies in its regulation, which was recently attempted to be resolved through the expired Bill on Procedural Efficiency Measures of the Public Justice Sector and Royal Decree-Law 6/2023. This paper aims to examine the current limitations of its legal framework, the practical challenges it presents, and the effectiveness of the improvements suggested by both the legislator and the specialized doctrine. The aim is to provide a future-oriented perspective that allows us to reflect on the viability of the oral trial as an appropriate process in the field of civil procedure.
This Final Degree Project focuses on the analysis of the oral trial, a declaratory process regulated in the Civil Procedure Law 1/2000, for the processing of matters that the legislator presumes to be simple and of small amount. Since its inception, this process has been the subject of doctrinal debate due to the deficiencies in its regulation, which was recently attempted to be resolved through the expired Bill on Procedural Efficiency Measures of the Public Justice Sector and Royal Decree-Law 6/2023. This paper aims to examine the current limitations of its legal framework, the practical challenges it presents, and the effectiveness of the improvements suggested by both the legislator and the specialized doctrine. The aim is to provide a future-oriented perspective that allows us to reflect on the viability of the oral trial as an appropriate process in the field of civil procedure.
Direction
Vilaboy Lois, Lotario (Tutorships)
Vilaboy Lois, Lotario (Tutorships)
Court
Vilaboy Lois, Lotario (Student’s tutor)
Vilaboy Lois, Lotario (Student’s tutor)
Influence of the mass media on public opinion about latino youth gangs.
Authorship
A.D.M.
Bachelor of Criminology
A.D.M.
Bachelor of Criminology
Defense date
09.12.2024 13:00
09.12.2024 13:00
Summary
Various communication theories have suggested that the way in which as issues is published and the frequency with which it´s addresed can influence the construction of public opinion, especially when it comes to political-criminal issues. One of the frequent topics in this matter in recent years has been latino youth gangs. Under the initial hypothesis that the news is approached from a predominantly negative approach, 143 news items published between 2022 and 2023 in the most read spanish newspapers are analyzed: El País, El Mundo, La Voz de Galicia and La Vanguardia. From their study it’s concluded that 54,5% are written with a negative connotation, 39,2% in a neutral way and 6,3% in a positive way. All of this, expressly related to the way of narrating, where the chronicle stands out, combining the objective and the subjective generating value judgments.
Various communication theories have suggested that the way in which as issues is published and the frequency with which it´s addresed can influence the construction of public opinion, especially when it comes to political-criminal issues. One of the frequent topics in this matter in recent years has been latino youth gangs. Under the initial hypothesis that the news is approached from a predominantly negative approach, 143 news items published between 2022 and 2023 in the most read spanish newspapers are analyzed: El País, El Mundo, La Voz de Galicia and La Vanguardia. From their study it’s concluded that 54,5% are written with a negative connotation, 39,2% in a neutral way and 6,3% in a positive way. All of this, expressly related to the way of narrating, where the chronicle stands out, combining the objective and the subjective generating value judgments.
Direction
CASTRO MARTINEZ, PALOMA (Tutorships)
CASTRO MARTINEZ, PALOMA (Tutorships)
Court
CASTRO MARTINEZ, PALOMA (Student’s tutor)
CASTRO MARTINEZ, PALOMA (Student’s tutor)
The Fueros in Spain: A Study of the Fuero of Noia.
Authorship
Z.B.M.
Bachelor's Degree in Law
Z.B.M.
Bachelor's Degree in Law
Defense date
07.18.2024 11:00
07.18.2024 11:00
Summary
Through a detailed study of some fueros, this research will explore how these medieval documents affected society and its administration, as well as the administration of justice in the Middle Ages. First, the Middle Ages are examined from a historical perspective, highlighting significant events such as the Reconquista. The impact of feudal power and the cultural and economic renaissance will also be addressed, as they played a significant role in the drafting of the fueros. The fueros are a set of legal norms that regulated different aspects of society and municipalities. Likewise, the general structure of the fueros and their content will be analyzed. The analysis of the fueros of Logroño, Laredo, and Palencia shows the legal diversity in the Middle Ages and allows for the comparison of similarities and differences with the fuero of Noia. Laredo reflects maritime life, Logroño highlights episcopal importance, and Palencia exemplifies life in an inland town. The main objective of the study is to offer an analysis of the fuero of Noia, which will be done through the historical and geographical contextualization of the locality. Additionally, the structure and content of the medieval text from 1168 and the influence of Compostela on the municipality will be described. The work combines a historical study with a legal-documentary study through the text of the fuero itself.
Through a detailed study of some fueros, this research will explore how these medieval documents affected society and its administration, as well as the administration of justice in the Middle Ages. First, the Middle Ages are examined from a historical perspective, highlighting significant events such as the Reconquista. The impact of feudal power and the cultural and economic renaissance will also be addressed, as they played a significant role in the drafting of the fueros. The fueros are a set of legal norms that regulated different aspects of society and municipalities. Likewise, the general structure of the fueros and their content will be analyzed. The analysis of the fueros of Logroño, Laredo, and Palencia shows the legal diversity in the Middle Ages and allows for the comparison of similarities and differences with the fuero of Noia. Laredo reflects maritime life, Logroño highlights episcopal importance, and Palencia exemplifies life in an inland town. The main objective of the study is to offer an analysis of the fuero of Noia, which will be done through the historical and geographical contextualization of the locality. Additionally, the structure and content of the medieval text from 1168 and the influence of Compostela on the municipality will be described. The work combines a historical study with a legal-documentary study through the text of the fuero itself.
Direction
BOUZADA GIL, MARIA TERESA (Tutorships)
BOUZADA GIL, MARIA TERESA (Tutorships)
Court
BOUZADA GIL, MARIA TERESA (Student’s tutor)
BOUZADA GIL, MARIA TERESA (Student’s tutor)
Money laundering in the digital age: the role of new technologies.
Authorship
A.M.M.
Bachelor's Degree in Law
A.M.M.
Bachelor's Degree in Law
Defense date
07.19.2024 09:00
07.19.2024 09:00
Summary
In the last decades of the 20th century, our society experienced the arrival of the digital era as a result of the development, expansion and convergence of information and communication technologies (ICTs). Likewise, in this context of technological revolution, there were several attempts to create a virtual currency, until 2009 when we saw the birth of Bitcoin, and with it new technologies that appeared to renew many aspects of the economic and financial field. This brought with it innumerable developments, fostering internationalization and transforming social and legal, economic and financial relations in its wake. However, the continuous change of the technological world and the difficulty of regulation that this entails, brings with it a propitious space for the germination of different crimes, and therefore poses a threat to certain legal assets. This paper analyses how, in this context of constant evolution of the virtual world and the emergence of cryptocurrencies, optimal conditions exist to specifically favour the crime of money laundering, one of the crimes that has benefited most from the internet.
In the last decades of the 20th century, our society experienced the arrival of the digital era as a result of the development, expansion and convergence of information and communication technologies (ICTs). Likewise, in this context of technological revolution, there were several attempts to create a virtual currency, until 2009 when we saw the birth of Bitcoin, and with it new technologies that appeared to renew many aspects of the economic and financial field. This brought with it innumerable developments, fostering internationalization and transforming social and legal, economic and financial relations in its wake. However, the continuous change of the technological world and the difficulty of regulation that this entails, brings with it a propitious space for the germination of different crimes, and therefore poses a threat to certain legal assets. This paper analyses how, in this context of constant evolution of the virtual world and the emergence of cryptocurrencies, optimal conditions exist to specifically favour the crime of money laundering, one of the crimes that has benefited most from the internet.
Direction
ABEL SOUTO, MIGUEL (Tutorships)
ABEL SOUTO, MIGUEL (Tutorships)
Court
ABEL SOUTO, MIGUEL (Student’s tutor)
ABEL SOUTO, MIGUEL (Student’s tutor)
Intestate succession in the civil code
Authorship
C.F.E.
Bachelor's Degree in Law
C.F.E.
Bachelor's Degree in Law
Defense date
07.22.2024 12:15
07.22.2024 12:15
Summary
The Civil Code provides for a complete and detailed regulation regarding intestate succession that governs the Galician legal system, by virtue of the reference contained in art. 267 of Law 2/2006, of June 14, on Civil Law of Galicia (hereinafter, LDCG). In this work, a detailed study is carried out on intestate succession or ab intestate, a type of succession mortis causa that occurs in the case of the non-existence or invalidity of the deceased's will. The analysis includes its regulation in the Civil Code and the specific rules contained in the LDCG. More generic topics are discussed such as its concept, foundation or regulation, until we delve into the depths of the issue, delving into the assumptions of opening the succession (art. 912 CC) and the principles of the order to succeed, highlighting the classes or orders and the calls, governed by the principle of proximity and the successive call of descendants, ascendants, widowed spouse, collaterals and in the absence of these, the Autonomous Community of Galicia or the State.
The Civil Code provides for a complete and detailed regulation regarding intestate succession that governs the Galician legal system, by virtue of the reference contained in art. 267 of Law 2/2006, of June 14, on Civil Law of Galicia (hereinafter, LDCG). In this work, a detailed study is carried out on intestate succession or ab intestate, a type of succession mortis causa that occurs in the case of the non-existence or invalidity of the deceased's will. The analysis includes its regulation in the Civil Code and the specific rules contained in the LDCG. More generic topics are discussed such as its concept, foundation or regulation, until we delve into the depths of the issue, delving into the assumptions of opening the succession (art. 912 CC) and the principles of the order to succeed, highlighting the classes or orders and the calls, governed by the principle of proximity and the successive call of descendants, ascendants, widowed spouse, collaterals and in the absence of these, the Autonomous Community of Galicia or the State.
Direction
CARBALLO FIDALGO, MARTA (Tutorships)
CARBALLO FIDALGO, MARTA (Tutorships)
Court
CARBALLO FIDALGO, MARTA (Student’s tutor)
CARBALLO FIDALGO, MARTA (Student’s tutor)
International child abduction: Causes of refusal of the child's restitution
Authorship
P.P.R.
Bachelor's Degree in Law
P.P.R.
Bachelor's Degree in Law
Defense date
02.19.2024 10:00
02.19.2024 10:00
Summary
International child abduction is a situation caused by the wrongful removal or retention of children by one of their parents and that is included in different regulations and conventions that will serve as a basis for the development of the topic. It is also important to mention some of the most relevant concepts related to the abduction, like the child’s habitual residence, rights of custody and visitation, and the principle of the best interests of the child. Likewise, it is necessary to refer to the rules that are aplicable in this matter, indicating the most important articles to be develop during this essay, in particular the 1980 Hague Convention. To continue, we will focus on the main issue, the refusal of the child’s return, which is an exceptional situation of opposition to the duty of restitution. This refusal is allowed in cases of custody not exercised in fact or by consent to the transfer, violation of the fundamental principles of the requested State with regard to the protection of human rights and fundamental freedoms, opposition of the minor, and serious risk of physical or mental danger or intolerable situation for the minor.
International child abduction is a situation caused by the wrongful removal or retention of children by one of their parents and that is included in different regulations and conventions that will serve as a basis for the development of the topic. It is also important to mention some of the most relevant concepts related to the abduction, like the child’s habitual residence, rights of custody and visitation, and the principle of the best interests of the child. Likewise, it is necessary to refer to the rules that are aplicable in this matter, indicating the most important articles to be develop during this essay, in particular the 1980 Hague Convention. To continue, we will focus on the main issue, the refusal of the child’s return, which is an exceptional situation of opposition to the duty of restitution. This refusal is allowed in cases of custody not exercised in fact or by consent to the transfer, violation of the fundamental principles of the requested State with regard to the protection of human rights and fundamental freedoms, opposition of the minor, and serious risk of physical or mental danger or intolerable situation for the minor.
Direction
PARADELA AREAN, PAULA (Tutorships)
PARADELA AREAN, PAULA (Tutorships)
Court
PARADELA AREAN, PAULA (Student’s tutor)
PARADELA AREAN, PAULA (Student’s tutor)
Occupational Safety Plan for commecial property renovation
Authorship
M.A.M.
Double bachelor degree in Laws and Labour Relations and Human Resources
M.A.M.
Double bachelor degree in Laws and Labour Relations and Human Resources
Defense date
07.15.2024 10:30
07.15.2024 10:30
Summary
The present work consists of the development of an Occupational Health and Safety Plan for the renovation of a commercial premises. Firstly, the historical evolution of legislation regarding occupational health and safety is analyzed from an international, European, and national perspective. The legal framework for preventing occupational hazards in the construction sector is also specified. Secondly, the Occupational Health and Safety Plan is developed for the specific renovation of a commercial premises, taking into account the characteristics and needs of the project. The Plan references the Safety and Health Plan created by the project manager. It outlines the actions to be carried out both before the start of the renovation and during the process. Finally, the work concludes with a series of ideas on how to ensure the effectiveness of preventive measures in order to achieve a safe working environment for everyone involved.
The present work consists of the development of an Occupational Health and Safety Plan for the renovation of a commercial premises. Firstly, the historical evolution of legislation regarding occupational health and safety is analyzed from an international, European, and national perspective. The legal framework for preventing occupational hazards in the construction sector is also specified. Secondly, the Occupational Health and Safety Plan is developed for the specific renovation of a commercial premises, taking into account the characteristics and needs of the project. The Plan references the Safety and Health Plan created by the project manager. It outlines the actions to be carried out both before the start of the renovation and during the process. Finally, the work concludes with a series of ideas on how to ensure the effectiveness of preventive measures in order to achieve a safe working environment for everyone involved.
Direction
SALGADO BARANDELA, JESYCA MARIA (Tutorships)
SALGADO BARANDELA, JESYCA MARIA (Tutorships)
Court
SALGADO BARANDELA, JESYCA MARIA (Student’s tutor)
SALGADO BARANDELA, JESYCA MARIA (Student’s tutor)
Criminal liability of legal entities for crimes of workplace harassment, sexual harassment and gender based harassment since Organic Law 10/2022, September 6yh, of comprehensive warranty of sexual freedom
Authorship
M.A.M.
Double bachelor degree in Laws and Labour Relations and Human Resources
M.A.M.
Double bachelor degree in Laws and Labour Relations and Human Resources
Defense date
07.18.2024 10:00
07.18.2024 10:00
Summary
The organic Law 10/2022, of September 6th, on comprehensive guarantee of sexual freedom, introduced a series of reforms to the Criminal Code with the aim of comprehensively protecting the right to sexual freedom of all individuals and achieving the eradication of all kinds of sexual violence. Among these changes, the possibility of holding legal entities criminally responsible for offenses such as workplace harassment, sexual harassment, and gender-based harassment was included. These types of offenses are redefined, and the penalties for committing them are increased. Furthermore, the introduction of criminal liability as one of the consequences that legal entities may face represents a shift in the way companies, entities, and organizations prevent and address such crimes, assuming new responsibilities and obligations. On one hand, there is an obligation to properly create, implement, and supervise an anti-harassment protocol. Additionally, workplace harassment, sexual harassment, and gender-based harassment must be introduced as criminal risks in compliance programs.
The organic Law 10/2022, of September 6th, on comprehensive guarantee of sexual freedom, introduced a series of reforms to the Criminal Code with the aim of comprehensively protecting the right to sexual freedom of all individuals and achieving the eradication of all kinds of sexual violence. Among these changes, the possibility of holding legal entities criminally responsible for offenses such as workplace harassment, sexual harassment, and gender-based harassment was included. These types of offenses are redefined, and the penalties for committing them are increased. Furthermore, the introduction of criminal liability as one of the consequences that legal entities may face represents a shift in the way companies, entities, and organizations prevent and address such crimes, assuming new responsibilities and obligations. On one hand, there is an obligation to properly create, implement, and supervise an anti-harassment protocol. Additionally, workplace harassment, sexual harassment, and gender-based harassment must be introduced as criminal risks in compliance programs.
Direction
VALEIJE ALVAREZ, MARIA INMACULADA (Tutorships)
VALEIJE ALVAREZ, MARIA INMACULADA (Tutorships)
Court
VALEIJE ALVAREZ, MARIA INMACULADA (Student’s tutor)
VALEIJE ALVAREZ, MARIA INMACULADA (Student’s tutor)
The solidarity of debtors in the revised Modernization Proposal of the Civil Code regarding obligations and contracts of 2023
Authorship
A.R.S.
Bachelor's Degree in Law
A.R.S.
Bachelor's Degree in Law
Defense date
07.18.2024 11:00
07.18.2024 11:00
Summary
In order to adapt Spanish positive law to the demands of the legal reality of the present regarding obligations and contracts, the revised Modernization Proposal of the Civil Code (2023) introduces a series of significant modifications. In this work, those related to passive or debtor solidarity are studied. In this regard, it is worth highlighting the reversal of the rule of non-presumption of passive solidarity as the main novelty. The revised Modernization Proposal establishes that a plurisubjective debt arising under the same contract and with identity of benefit for all debtors will be joint and several unless otherwise stated by law or contract. However, it is necessary to point out the inapplicability of the rule to contracts entered into with consumers or users in which they occupy the debtor part. This represents one of the many manifestations of the special treatment that the text of the Proposal provides to consumers and users. Subsequently, the sources of passive solidarity are studied, with special attention to the cases of trust and compensation for non-contractual damage when two or more are responsible for it. The latter, traditionally known as improper solidarity, is treated by the revised Modernization Proposal as another assumption of proper solidarity. The two relationships that exist in a joint debt are also analyzed: both the one that unites the debtors with the main creditor and the other that links the co-debtors to each other. In this sense, the actions that the revised Modernization Proposal grants to the debtor who has satisfied the debt in order to claim payment of the part that corresponds to them from the rest of their co-debtors are studied.
In order to adapt Spanish positive law to the demands of the legal reality of the present regarding obligations and contracts, the revised Modernization Proposal of the Civil Code (2023) introduces a series of significant modifications. In this work, those related to passive or debtor solidarity are studied. In this regard, it is worth highlighting the reversal of the rule of non-presumption of passive solidarity as the main novelty. The revised Modernization Proposal establishes that a plurisubjective debt arising under the same contract and with identity of benefit for all debtors will be joint and several unless otherwise stated by law or contract. However, it is necessary to point out the inapplicability of the rule to contracts entered into with consumers or users in which they occupy the debtor part. This represents one of the many manifestations of the special treatment that the text of the Proposal provides to consumers and users. Subsequently, the sources of passive solidarity are studied, with special attention to the cases of trust and compensation for non-contractual damage when two or more are responsible for it. The latter, traditionally known as improper solidarity, is treated by the revised Modernization Proposal as another assumption of proper solidarity. The two relationships that exist in a joint debt are also analyzed: both the one that unites the debtors with the main creditor and the other that links the co-debtors to each other. In this sense, the actions that the revised Modernization Proposal grants to the debtor who has satisfied the debt in order to claim payment of the part that corresponds to them from the rest of their co-debtors are studied.
Direction
LETE ACHIRICA, JAVIER (Tutorships)
LETE ACHIRICA, JAVIER (Tutorships)
Court
NIETO ALONSO, ANTONIA (Chairman)
TRIGO GARCIA, MARIA BELEN (Secretary)
IGLESIAS REDONDO, JULIO IGNACIO (Member)
NIETO ALONSO, ANTONIA (Chairman)
TRIGO GARCIA, MARIA BELEN (Secretary)
IGLESIAS REDONDO, JULIO IGNACIO (Member)