Procedural aspects concerning maritime law

Along this work we wish to highlight the main influence of Procedural Law in some as-pects in our Maritime Law. Our point of view has been supported by new Maritime Naviga-tion Act of 2014, when including the Title X ruling "Procedures Specialities in Maritime Navigation". We are focusing on the Bill of Lading as an essential document in maritime shipping from a procedural point of view. It is particulary relevant the express recognition of its enforce-able nature through the Spanish Maritime Navigation Act, giving to the bill of lading the consideration as an true extrajudicial enforceable title. We will point out the main error of the spanish regulator in the new Maritime Navigation Act, when repeating the provided posibility in the Spanish Civil Procedure Act, of a direct procedure of execution grounded on a extrajuditial enforcement such as the bill of lading. Finally, we would like to conclude the work studying the possible uses of Small Claim Procedure of the 812 article and followings of Spanish Civil Procedure Law, for the pur-pose of safeguarding credit, so as a short mention to other procedural figures expressly in-cluded in the Title IX of Maritime Navigation Law.

Tthe right to effective judicial protection and disability: the convention on the rights of persons with disabilities

On 13 December 2006, the General Assembly of the United Nations adopted the Convention on the Rights of Persons with Disabilities (CRPD). It is the first comprehensive human rights treaty of the 21st century. The Convention is intended as a human rights instrument with an explicit, social development dimension. It adopts a broad categorization of persons with disabilities and reaffirms that all persons with all types of disabilities must enjoy all human rights and fundamental freedoms. Precisely, the Convention marks a 'paradigm shift' in attitudes and approaches to persons with disabilities The Convention contains two articles directly connected with judicial effective protection, one more than the other, but on the other hand, one cannot be understood without the other. Both articles are Article 12 –Equal recognition before the law- and Article 13 –access to justice- As a scholar in Procedural Law, my contribution to the International Scientific Congress on Private Law of the Philippines and Spain aims to enshrine the relevant importance of the both provisions that guarantee effective judicial protection for persons with disabilities in order to analyze, subsequently, the implementation of them in Spanish legislation

A legal study of the work of Vargas Llosa from the perspective of civil law

Lectura jurídico-civil de la novela "La tía Julia y el escribidor", de Mario Vargas Llosa. Esta novela se presta a una lectura desde la óptica del Derecho civil que puede ser muy sugerente, prestándose a un repaso de diversas instituciones jurídico-privadas y de su reflejo en la novela.

Some features of the law and order model in Spain

This research is based on the hypothesis that law and order model is displacing the procedura justice system in Spain. After a thorough review of the international literature, one can observe that the traditional structure of the penal system does not seem to be capable of containing the new forms of crime. The new penal model assumes that public opinion is alarmed and unwilling to understand rational approaches to crime, so it will be likely to accept measures aimed at calming the fear of crime, through extensive control policies and penal tools to manage uncivil behavior. Objectives and methodology A measuring instrument has been developed to confirm this hypothesis, consisting of ten features that characterize the law and order model. This instrument has been used to identify examples of its ten features in the rules and practices developed at each phase of the Spanish criminal justice system. The analysis has focused specifically on public discourse about delinquency, criminal policy decisions, legislative processes, police routines, judicial dynamics, and prison system practices. Main results The investigation has shown that there are many processes and practices indicating that the law and order model is consolidating itself in the Spanish penal system. Nevertheless this process has a different intensity at each phase, being stronger at the legislative stage and softer in the penitentiary enforcement phase. One of the main conclusions is, therefore, that the designed instrument is ideal for measuring the degree of penetration of the model throughout the system. Some of the most striking results of the reasearch will be presented at the conference. Finally, proposals arise that could prevent the new model is fully seated in our criminal justice system, finding that the trend toward more severe penalties shown already unsustainable.