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This article addresses religion from a legal perspective. It argues that religious matters should be settled outside the secular legal system; otherwise, the secular legal system would not be truly secular. However, religion demands special protection as a public good and social value, as it constitutes an extrinsic constitutional limit of the legal. For a secular legal system, protecting religion ultimately means protecting human beings' pursuit of the suprarational. Protecting suprarationality has three important legal consequences: (a) suprarational acts in the strictest sense should never be validated as legal acts; (b) democratic communities should not use suprarational arguments in legal discourse; and (c) the secular legal system cannot regulate suprarationality or the essentials of the religious community. The protection of religion demands both a dualistic structure that distinguishes the political community from the religious community and the treatment of religion as a right: the right to religion.

Using a database of all the catalogued dolmens and stone circles in six Pyrenean valleys, we investigated the distribution of these megalithic monuments on the basis of elevation, gradient, aspect, terrain ruggedness, and terrain position, and identified factors potentially explaining the distribution of the monuments. A map of the areas having the highest probabilities of occurrence of megalithic monuments was developed, and showed that megalithic monuments are located in relatively accessible areas having gentle gradients and low terrain ruggedness close to the fluvial network, with wide U-shaped glacial valleys being the preferred locations. The altitudinal distribution showed one concentration of dolmens and stone circles at relatively low elevation (1250–1400 m a.s.l.) in the mid montane belt, and another at high elevation, at approximately the level of the timberline (1750–1900 m a.s.l.) adjacent to the alpine belt. Today, both areas are pastures that have historically sustained livestock, the traditional economic basis of Pyrenean valleys. The map showing the probability of occurrence of megalithic monuments in the study area suggests that a number of potentially favorable areas were largely inaccessible or too far from the main livestock routes, and remained forested until the Middle Ages. These findings and a variety of archaeological studies contribute to propose that the first shepherds: (i) understood the altitudinal organization of mountain areas; (ii) used the best accessible flat areas in the mid montane belt in late spring and early summer; and (iii) used the upper subalpine/alpine belt in summer.

The effect of a UV–C postharvest treatment (4 kJ m–2) on physicochemical quality, phenolic contents and total antioxidant capacity of ‘Prime Giant’ sweet cherry throughout 20 d at 2 °C (simulated cold storage during transportation period) plus 5 d at 15 °C (additional shelf life period) was studied. Furthermore, the effect of two regulated deficit irrigation strategies, with 36–39 % water savings, was also studied on such quality parameters. In general, physicochemical quality at harvest (soluble solids content: 16–18 %; titratable acidity: 11.2–12.4 g L–1) was unaffected throughout the storage periods, independently on storage time, regulated deficit irrigation or postharvest treatments. As observed from the darker red colour, cherry skin showed ≈ 9–10–fold higher phenolic contents and total antioxidant capacity than cherry flesh. Cyanidin–3–rutinoside was the major anthocyanin. Generally, phenolic compounds of cherry skin decreased during storage. However, UV–C treatment lowered such reductions, even increasing total phenolic content by 21–36 % after shelf life in fruit grown under regulated deficit irrigation. Conclusively, a UV–C pre–treatment can be considered as an excellent postharvest tool to increase sweet cherry phenolic compounds. Furthermore, a UV–C pre–treatment can be even combined with regulated deficit irrigation strategies to reduce natural resources consumption without affecting fruit quality, which is particularly interesting in Regions with scarce water availability.

Two experiments were conducted on a commercial farm of late ‘Fortune’ mandarin trees in order to know the response of regulated deficit irrigation (RDI), mainly applied during the most harmful ripening stages, on plant water relations, yield and fruit quality at harvest and after cold storage at different temperatures. Control trees were irrigated to satisfy maximum crop evapotranspiration, while RDI-1 and RDI- 2 represented a 20% and 40% reduction, respectively, in the water applied. Total yield and fruit quality at harvest were not significantly affected by either treatment. Late stage II of fruit growth was the most sensitive period to water stress, while deficit irrigation applied during flowering and stage I of fruit growth resulted in a significantly higher number of fruits per tree and an improvement in irrigation water productivity compared with the Control treatment. In both experiments, skin chroma decreased during cold storage, at the same time as titratable acidity fell. Fruit quality (titratable acidity, skin C* and ascorbic and glutamic acids) were more affected by cold storage than by differences between the RDI treatments. The use of trunk diameter fluctuation was useful for restoring the RDI irrigation to levels of the Control at the end of early stage II. From a quality point of view, any difference between treatments found at harvest tended to diminish during the subsequent shelf-life after cold storage. Quality traits (titratable acidity, ascorbic and glutamic acid) could be used as chilling biomarkers.

International audience

Spanish Abstract: La globalizacion exige una reformulacion del Derecho, una respuesta juridica adecuada a los nuevos tiempos, para que no queden aprisionados por normas caducas y pasajeras. Es hora, pues, de un Derecho global, como antes lo fue del Derecho de gentes y luego lo ha sido del Derecho internacional. Sin el ius gentium, no se entiende el Derecho inter nationes, el International Law. Y sin el desarrollo de este, no hubiera nacido el incipiente Derecho global. Los tres Derechos —de gentes, internacional y global— son como abuelo, padre y nieto, respectivamente. Forman parte de una misma familia. Tienen, por tanto, rasgos comunes que los aproximan por basarse en principios juridicos distintos y aplicarse en momentos historicos del todo diferentes. Prueba de ello es que han convivido superpuestos. English Abstract: The dislocations of the worldwide economic crisis, the necessity of a system of global justice to address crimes against humanity, and the notorious 'democratic deficit' of international institutions highlight the need for an innovative and truly global legal system, one that permits humanity to re-order itself according to acknowledged global needs and evolving consciousness. A new global law will constitute, by itself, a genuine legal order and will not be limited to a handful of moral principles that attempt to guide the conduct of the world's peoples. If the law of nations served the hegemonic interests of Ancient Rome, and international law served those of the European nation-state, then a new global law will contribute to the common good of all humanity and, ideally, to the development of durable world peace. This volume offers a historical-juridical foundation for the development of this new global law.

Spanish Abstract: En este ensayo abordare la justificacion y la naturaleza de esta incipiente comunidad humana global en relacion con la comunidad internacional de los Estados-nacion. Esta dividido en tres partes. En la primera, aporto cuatro argumentos para la instauracion de esta comunidad humana global. En la segunda, describo las caracteristicas de esta comunidad global desde una perspectiva juridica. En la tercera, proporciono algunas ideas acerca de la manera en que se debe organizar esta emergente comunidad global. English Abstract: The international community is being transformed into a new global community made up of new members, inspired by new principles, and based on new ideas. In the first part of this paper, I aim to justify the existence of this emerging global community using four arguments that can be summarized by the Latin terms: dignitas, usus, necessitas, and bonum commune. In the second part, I argue that the new global human community comprises persons, not nation-states; that it is universal in nature; that membership in it is compulsory; and that it is incomplete, and complementary to other forms of community. These features of the new global human community will determine both the structure of its legal system and its legal authority.

Spanish Abstract: Este articulo analiza el Codigo Civil japones (1896-1898), asi como sus sucesivas modificaciones tras la Segunda Guerra Mundial. El Codigo es fruto de la profunda modernizacion que tuvo lugar en Japon en la llamada Restauracion Meiji de 1868. English Abstract: This article explores the Japanese Civil Code (1896-1898), with post-World War II modifications, remains in effect in present-day Japan. The code was the result of various movements for modernization following the so-called Meiji Restoration of 1868.

A Christian martyr for the gospel of social justice, and a man of deep spirituality and great ethical stature, Oscar Romero, archbishop of San Salvador during years of brutal government and paramilitary repression, is a towering figure in the recent history of El Salvador and Latin America. Since his murder on March 24, 1980, while he was celebrating the Eucharist, his legacy and cultural influence have only grown. For decades, in life and after it, he was controversial and often manipulated, branded as both a communist and a conservative, as a provocateur of the Salvadoran civil war (1980–1992), and a leader of people’s liberation and human rights. Many political, military, and ecclesiastical authorities in and outside his country harshly criticized Romero’s attitude and behavior. Salvadoran oligarchs denounced him repeatedly, but not so the hundreds of thousands of peasants who confirmed as true what Romero wrote about his own mission: “The ministry that God has given me is, like the one given to Moses, to lead our people to the Promised Land.”

Portuguese Abstract: De acordo com Ronald Dworkin, o direito a liberdade religiosa seria uma mera implicacao de um mero direito geral a independencia etica em materias fundamentais. Para Dworkin, a religiao nao pode ser considerada como sui generis na arena politica, nao lhe concedendo o direito de ser tratada de maneira especial na politica. Este artigo assevera que o direito a liberdade religiosa deve ser tratado de maneira sui generis. As teorias Etica e Epistemologica, que apoiam a abordagem Dworkiniana sobre a liberdade religiosa, sao reducionistas e equivocadas. Estas teorias fecham as portas para o sentido transcendente e de revelacao religiosa, bem como para a concepcao da religiao como um fato e como um valor. O paradigma Dworkiniano nao protege suficientemente os principios do pluralismo e da autodeterminacao, que se encontram no coracao da liberdade religiosa. Por fim, este artigo sustenta que o direito a liberdade religiosa, se compreendido adequadamente, e baseado na autonomia etica e na unidade da pessoa, ao inves das teorias Dworkinianas da independencia etica e da unidade do valor. English Abstract: According to Ronald Dworkin, the right to freedom of religion is a mere implication of a more general right of ethical independence in foundational matters. For Dworkin, just as a particular religion cannot be treated as special in politics, religion cannot be considered sui generis in the political arena. This article argues that the right of religious freedom should be regarded as sui generis. The epistemological and ethical theories that support a Dworkinian approach to religious freedom are reductive and misconceived. These theories close the door to transcendent meaning and revealed religion, to a conception of religion as a fact and a value. The Dworkinian paradigm does not sufficiently protect the principles of pluralism and self-determination that are at the heart of religious freedom. Finally, this article argues that, when properly understood, the right to religious freedom is based on ethical autonomy and the unity of the person rather than on Dworkin’s theories of ethical independence and the unity of value.

This paper summarises our knowledge of Mesolithic space management — which concerns the choice of the living place itself and the recognisable dwelling structures — in the Middle Ebro Basin, where more than fifteen accurately dated Mesolithic sites have been found and excavated in the last several decades. In the last forty years, the Ebro Basin has emerged as the most important area for the study of the Mesolithic and Early Neolithic period in the Iberian Peninsula. Dozens of recently excavated sites with hundreds of accurate radiocarbon dates offer a good panorama of the transition from traditional hunting-gathering strategies to the gradual incorporation of Neolithic innovations. Nevertheless, much remains unknown in wide areas across the basin due to poor conservation or mere research defaults, so there is still much work to do. For brevity and research tradition, this paper will be restricted to the Middle Ebro Basin. The vast majority of documented Mesolithic sites throughout the basin occupy the frequent limestone, sandstone or conglomeratic rockshelters that proliferate in the ranges flanking the north and the lower flat areas in the south. There, natural “roofed” refuges are scarce, and prehistoric groups inhabited open-air campsites. Archaeological surveys are difficult to conduct in these flat terrains due to high-scale Holocene erosive processes, which hamper our knowledge of the actual dwelling strategies in Mesolithic times. Across the basin, only one open-air site is known about compared to more than forty rockshelters. Of these, most share common elements: they are small, open to the rising sun and appear next to rivers or ravines, guaranteeing access to fresh water and control of potential game. Some show evidence of human presence from the Magdalenian times; others were in use in the Neolithic period and beyond. A common feature is the final prehistoric usage of funerary sites during the Chalcolithic period. Many sites are in close vicinity to one another, but due to the imprecision of our data, it is impossible to know with certainty whether different groups occupied them at the same time. Most habitual structures found in them are hearths, usually circled (or even paved) with local cobbles or slabs, but some space arrangements (rudimentary walls, postholes…) have been occasionally documented.

The international community, under the impact of globalization, is being transformed into a new community made up of new members, inspired by new principles, and based on new ideas. In the first part of this paper, I aim to justify the existence of this emerging community using four arguments that can be summarized by the Latin terms: dignitas, usus, necessitas, and bonum commune. In the second part, I argue that the new global human community comprises persons, not nation-states; that it is universal in nature; that membership in it is compulsory; and that it is incomplete, and complementary to other forms of community. These features of the new global human community will determine both the structure of its legal system and its legal authority.

Spanish Abstract: Se recogen en este libro mil principios, reglas juridicas y aforismos, enraizados en la tradicion occidental, que, a modo de hitos, senalan el rumbo en este complejo proceso de globalizacion juridica. En esta nueva edicion, revisada y aumentada, se ha incorporado abundante jurisprudencia de las instituciones arbitrales internacionales mas reconocidas, por haberse convertido el arbitraje en una verdadera jurisdiccion global. Se han incluido tambien nuevas referencias a los Derechos japones e islamico. Los autores han centrado especialmente su atencion en el Derecho ingles, fundamento del Derecho aplicado actualmente en todos los territorios del antiguo Imperio Britanico, y en el Derecho de los Estados Unidos de America. Muchas de las transacciones que se realizan en los mercados internacionales -y los contratos que las formalizan- tienen su origen en ese gran pais y son luego trasplantadas al viejo continente. English Abstract: This book contains a thousand principles, legal rules and aphorisms in Latin, rooted in the Western tradition, which, as milestones, point the way in this complex process of legal globalization. In this new edition, revised and expanded, abundant jurisprudence of the most recognized international arbitration institutions has been incorporated, as well as new references to Japanese and Islamic Law.

This paper argues that secular legal systems need a better defined space for freedom of conscience because this important right has been crowded out by both freedom of religion and freedom of thought. Based on the principles of the Protestant Reformation, American constitutionalism expanded the idea of freedom of conscience to the point of making it almost interchangeable with freedom of religion. On the other hand, international law, followed by European constitutional law, reduced the political force of the concept of freedom of conscience by assimilating it to freedom of thought. And yet freedom of conscience cannot be treated just the same as either religious freedom or freedom of thought. By nature, the secular legal systems of political communities are moral, but nonreligious. So morality and religion affect legal systems in different ways. For this reason, freedom of conscience and freedom of religion should be protected using different legal devices. The so-called privilege of abstaining (beneficium abstinendi) best protects freedom of conscience; freedom of religion, by contrast, is appropriately protected by what I call the religious exception (exceptio religiosa). The consequences of applying these legal tools in particular cases, and their proper scopes, depend on the constitutional model of the political community in question. But in general, an increasingly globalized, diverse, and multicultural society demands a wider application of both these legal tools.

The cave of Abauntz is, since the beginning of fieldwork in the 1970s, one of the major milestones of the Iberian prehistory. It has yielded thousands of first-level remains that belong to at least nine cultural periods from the Mousterian to the Late Roman period. This paper presents to the international scientific community the state of the art of our knowledge about the stratigraphy, the materials, and their interpretation in its regional context. Situated in a strategic place, the cave was used as a camp by Neanderthal groups; Solutrean, Magdalenian and Azilian hunters; Neolithic shepherds; employed for funerary purposes by Chalcolithic people; and as a hiding place by Roman citizens who feared the first Germanic invaders. Many of the remains (Vasconian cleavers, saiga bones and decorative motifs from the Middle Magdalenian, an engraved horse in a block from the Late Magdalenian) suggest strong links with the Aquitaine area, easily reachable through the passes that communicate this zone with the northern territories. In some moments (such as the Solutrean), the cave clearly acted as a nexus point between the Mediterranean-related sites of the Ebro basin and the Cantabria-Aquitania zone.

a b s t r a c t A three-year experiment on early nectarine (Prunus persica L. Batsch cv. Flanoba) trees was carried out with the aim of increasing water use efficiency through applying a sustained irrigation treatment, in a commercial orchard in southern Spain. Experiments compared irrigation scheduling using conventional micrometeorology (110% of crop evapotranspiration, ETc) as a control treatment (TCTL), a treatment based on the normal practice of the farmer (TFARMER) and a regulated deficit irrigation treatment (TRDI), which involved irrigating the crop at the same level as the control (TCTL) during the critical periods of the first year (second rapid fruit growth period and 2 months after harvest) and at 60% TCTL during postharvest. In the last two years (2010 and 2011), the irrigation was scheduled to maintain the signal intensity (SI) of the maximum daily shrinkage of the trunk (MDS, SI = MDSTRDI/MDSTCTL) at different water stress levels depending on the phenological stage SI = 1.0 (non-water stress) and SI = 1.4 (moderate water stress). Most of the time that irrigation scheduling was based on MDS SI, this parameter varied only slightly around the pre-established threshold values. The information given by the stem diameter sensors and stem water potential (� stem) gave −1.5 MPa and MDS SI 1.5 as threshold values not to be exceeded during postharvest, since MDS andstem SI values were only linear down to 1.5. The water saved amounted to 17, 15 and 37% of the amount used in the control in the three seasons, respectively. In contrast, the TFARMER treatment applied more water (about 20 and 5% more than TCTL) during the first 2 years, and 10% less than TCTL during the third season. © 2015 Elsevier B.V. All rights reserved.

In this paper, we analyse the transition Late Palaeolithic–Mesolithic in a restricted northern area into the Ebro Basin (from Alava to Huesca provinces), where this phase is still not well established. Between the end of the Allerod and the start of the Boreal, the lithic assemblages are based on microlaminar industries with a predominance of backed pieces, related to the Magdalenian tradition. Despite this common microlaminar tradition, some internal differences suggest the possibility of evolution in time and perhaps in space. In order to develop an internal classification in the studied area, we analyse some backed types, and especially the chronological and regional relationship among the different industries tested.

BACKGROUND In table grapes, berry firmness influences consumer acceptance so it is important to avoid berry shattering and dehydration during their post-harvest life. Since studies of irrigation effects on table grape quality are comparatively rare, sensory evaluation aimed to identify high-quality berries obtained under different deficit irrigation treatments. A 3-year study examined the effects of deficit irrigation strategies on some physical quality attributes at harvest, after 28 days of cold storage at 0 degrees C and after an additional shelf-life period of 3 days at 15 degrees C. Control vines were irrigated to ensure non-limiting water conditions (110% of crop evapo-transpiration), while both regulated deficit irrigation treatment (RDI) and partial root-zone drying (PRD) treatments applied 35% less water post-veraison. The null irrigation treatment (NI) only received natural precipitation (72% less water than control vines). RESULTS Total yield and physical quality at harvest were not significantly affected by RDI or PRD. Only severe deficit (NI) decreased berry size, and this treatment had the most dehydrated berries and the worst sensory scores post-harvest. After cold storage, increased berry shattering of the PRD treatment was correlated with lower leaf xylem abscisic acid (ABA) concentration at the time of harvest. Overall quality, especially stem browning, determined the shelf-life, and longer storage duration tended to diminish treatment differences. CONCLUSIONS Only NI clusters showed lower quality than their irrigated counterparts. Neither RDI nor PRD had any noticeable effect on berry quality at the end of cold storage and shelf-life, with the slight differences detected between these treatments related to stem browning and dehydration. Sensory results were similar in RDI and PRD, which provided grapes that were more acceptable to consumers than the control. Thus, it is possible to decrease irrigation of table grapes without adversely affecting the physical quality of the berries.

In 2012, during a field survey to locate primary outcrops of cherts in the Carrodilla Mountain Range (Huesca, Spain), abundant remains of chert-knapping were found next to nodular cherts in primary and sub-primary position from the Garumnian limestones. Chert knapping evidences were discovered in Tozal de la Mesa mount, near the town of Alins del Monte (Huesca, Spain), in the first prepyrenean foothills of the province of Huesca. In order to define the features of the workshop and to determine their limits, in 2015 we conducted a field survey. Due to these works, it has been possible to define the perimeter of the chert workshop as well as to collect abundant lithic remains of chert and other rocks (e.g., ophites) that may have been directly related to chert exploitation. In this paper we are going to present the results obtained after the textural, micropaleontological, petrographic and mineralogical characterization of these cherts as well as the results of the techno- typological and traceological analyses. Moreover, we will define the features of the chert workshop and its functionality. The first approach to contextualize the recovered materials of Tozal de la Mesa workshop area has allowed determining an exploitation of the Garumnian cherts that has lasted until the late nineteenth century according to some recovered products (e.g., pottery) and to oral sources.

International audience; The geochemical characterization of several lacustrine chert formations outcropping in the Central-Eastern Pre-Pyrenean area is presented. Four geological formations were considered: one Upper Cretaceous (Tremp formation), two Oligocene (Castelltallat and Tartareu-Alberola formations) and one Miocene (Aragonian limestones formation). Furthermore, lacustrine cherts appearing in the Magdalenian levels of Forcas I and Cova Alonsé (Huesca, Spain) were also considered. Analyses were done using energy-dispersive X-ray fluorescence (ED-XRF) and laser ablation inductively coupled plasma mass spectrometry (LA-ICP-MS). Results show different geochemical features between formations, in some cases also between outcrops, concerning major, minor and trace elements. Archaeological samples from Cova Alonsé and Forcas I fit in some of the established groups, being the dispersion area slightly different between sites. Consequently, results determine the presence of diversified lithic procurement strategies.

Among the defining characteristics of the Cantabrian (Spain) Lower Magdalenian (19.2–17.5 cal kya), along with portable art works, are so-called “nucleiform endscrapers.” These small cores often display one or more regularized edges that could indicate a secondary function as scrapers. Although this has been demonstrated microscopically to be the case at some sites, it is generally not true in a large sample from Level 17, a massive Lower Magdalenian horizon in El Mirón Cave on the edge of the Cantabrian Cordillera. This study synthesizes lithic typology, technology, and microwear analysis of the Level 17 lithic sample. The results indicate that understanding the absolute versus relative abundance of core endscrapers is important to classifications of Lower Magdalenian lithic assemblages, particularly in terms of inter-site tool comparisons, understanding the relative abundance of tools in relation to debitage products, and the key role of bladelet production.

This paper concerns the dating of the Palaeolithic rock art of the Fuente del Trucho cave. We used the U–Th method to date calcite crusts superimposed to the paintings. Whenever sub-samples of a single crust could be dated we obtained stratigraphically consistent results and the correction for detrital contamination is negligible. Our results are strictly reliable as minimum ages and suggest that the decoration of this site is of a Gravettian or earlier age, even though a Solutrean chronology cannot be excluded in a few cases. These results are upheld by stylistical comparison with Spanish and French parietal and mobiliary art.

In this lecture, I will deal with the justification and the nature of the global human community as different from the international community of nation states. I divided the lecture in three parts. In the first part, I will provide four arguments for the legal establishment of this human global community. In the second part, I will describe the features of this global community from a legal perspective. In the third part I will make some proposals about how to organize the human global community.

This paper addresses broad topics and general ideas that overarch the entire Roman legal tradition. They constitute the most distinctive representations of Roman law. Some are original to the Romans, most come from the Greeks, and a few come from other ancient civilizations. The Roman spirit and talent modulated all of them. With different nuances, refinements, and implications, these fundamental topics also embody the key ideas of most Western legal systems.

This paper addresses the Roman law of ownership and the rights that modified it, including, for instance, the rights of predial servitude and usufruct. Classic Roman jurists focused on private property over other kinds, such as sacred property and public property. Their doctrine of ownership was so influential that it has prevailed for centuries and even now maintains a substantial presence in the legal systems of the civil law tradition and in the realm of international law. There are even similarities to English property law, although English common law developed separately, based largely on feudal law.

The law of obligations is one of the most significant contributions of Roman law to legal culture, and it has illuminated the civil law tradition more than any other branch of Roman law has. Our modern legal framework regarding the law of obligations has been unquestionably shaped by Roman concepts, rules, and institutions. The very idea of obligation and contract, the duality of contract/delict, the different categories of liability, the balance between formalities and consent, among other things — these have constituted fundamental elements of most of the legal systems in both the civil and the common law traditions.

Spanish Abstract: Se trata de una aproximacion al Codigo Teodosiano, que es la primera codificacion oficial de derecho romano despues de la Ley de las Doce Tablas English Abstract: Approach to the Theodosian Code (438), the first official codification of the Roman law after the Twelve Tables.

The purpose of the investigation was to determine the effect of administrative management on the financial profitability of the commercial company Trébol SAC. The financial profitability of the company reflects the return on investments in the profits obtained by investing money in financial resources, that is, the return that is obtained as a result of making investments. We worked as a sample to the company El Trebol SAC. The one that was constituted by 05 workers (managers of the area of finance) to be quite representative and adequate with the object of study, which was selected at the discretion of the investigator using the technique of the survey. Likewise, the analytic-synthetic, inductive-deductive, statistical methods were used. It is concluded that the administrative management has significant effect on the financial profitability of your company. It is recommended that the company Trebol should continue to perform good administrative management; Because not doing so would be incurring inadequate processes, techniques and procedures would lead to higher expenses affecting profitability. RESUMEN El propósito de la investigación fue determinar el efecto de la gestión administrativa en la rentabilidad financiera de la empresa comercial el Trébol SAC. La rentabilidad financiera de la empresa refleja el rendimiento de las inversiones es decir son los beneficios obtenidos por invertir dinero en recursos financieros, es decir, el rendimiento que se obtiene a consecuencia de realizar inversiones. Se trabajó como muestra a la empresa El Trébol SAC. La que estuvo constituida por 05 trabajadores (gerentes del área de finanzas) por ser bastante representativa y adecuada con el objeto de estudio, la cual se seleccionó a criterio del investigador empleándose la técnica de la encuesta. Así mismo se utilizó los métodos analíticos- sintéticos, inductivos- deductivos, estadísticos. Se concluye que la que la gestión administrativa tiene efecto significativo en la rentabilidad financiera de su empresa. Se recomienda que la empresa el Trébol debe seguir realizando una buena gestión administrativa; porque al no realizarlo estaría incurriendo en inadecuados procesos, técnicas y procedimientos lo que llevaría a mayores gastos afectando a la rentabilidad. Tesis

A three-year long experiment was implemented in an early nectarine (Prunus persica L. Batsch cv. Flanoba) commercial orchard to evaluate the effects of deficit irrigation and different crop levels on vegetative growth, plant water status, and fruit yield and quality. Three irrigation treatments were assessed: (i)control, full irrigation (TCTL); (ii) normal practice of the farmer (TFRM); and (iii) regulated deficit irrigation (TRDI), which involved irrigating the crop at the same level as the control (TCTL) during the critical periods of the first year and at 60% TCTL during postharvest. In the last two growing seasons the irrigation was scheduled to maintain the signal intensity (SI) of maximum daily trunk shrinkage (SIMDS= MDSTRDI/MDSTCTL) at different water stress levels depending on the phenological stage: SI = 1.0 (non-water stress) and SI = 1.4(moderate water stress). Besides, during the last two seasons, the interactions between TCTL and TRDI were studied at five different crop levels, which were obtained by controlling the distance between fruits left on the branches: from very low (16 cm between fruits) to very high (8 cm between fruits). Crop water use efficiency (WUE) of TRDI was higher than in TCT Land TFRM, increasing by around 25% in 2010 and 2011, and around 74% the final year. Interestingly, TFRM increased the WUE from the first year by more than 30%. The yield/annual increase in trunk-cross-sectional area (_TCSA) ratio increased in TRDI with respect to the other treatments as the experiment progressed, reaching differences of 53%. Vegetative growth was clearly sensitive to deficit irrigation with a strong correlation between the increase in the water stress integral obtained by midday stem water potential (_stem) and the reduction in TSCA. In contrast, fruit production and quality were not affected by water deficit. As regards the interaction between crop level and water deficit, fruit firmness was the only fruit quality parameter studied that presented significant differences, the highest values corresponding to the fruits from TRDI trees and the lowest crop level. I nearly nectarine trees, the postharvest period can be considered as a non-critical period for applying RDI strategies but only when the water stress integral applied is of low intensity in May and June (much lower than 9 MPa day), in order to limit the decrease in vegetative growth and so not affect the following harvests. This work was supported by the Spanish Ministry of Science and Innovation (AGL2010-19201-C04-04) and European project LIFE+IRRIMAN (LIFE13 ENV/ES/000539). María R. Conesa acknowledgesher FPU fellowship from the Spanish Ministry of Education. Wethank the Frutas Esther SA Company for allowing us to use theirfacilities to carry out the tests.

Spanish Abstract: El autor defiende que despenalizacion de un hecho delictivo no tiene efectos civiles, salvo que la propia ley civil se remita a la ley penal; sin embargo, la penalizacion de una conducta anteriormente licita si tiene efectos civiles, ya que, por ejemplo, convertiria en ilicita la causa o condicion contractual, y no se daria en este caso el principio de irretroactividad propia de la ley penal. Esto no es sino una consecuencia de que el ambito de lo punible debe ser mas restringido que el ambito de lo ilegal. English Abstract: The author argues that decriminalization of a criminal act does not have effects in private law, unless the private law itself refers to criminal law; However, the elevation to the category of crime of a previously licit conduct does have effects in private law, since, for example, it would make the cause or condition of the contract unlawful, and the principle of non-retro-activity proper to criminal law would not be given in this case. This is only a consequence of the fact that the scope of the punishable must be more restricted than the scope of the illegal.

The history of legal procedures is hardly less than the history of the legal system itself. Roman law is no exception. Legal remedies so influenced the structure and evolution of Roman law that substantive law can be understood only from this procedural perspective. Roman jurists were more concerned about specific legal remedies than abstract rights. For this reason, Roman law is by nature and character a law of actions. Action (actio) is the right of suing before a judge for what is due to one. Actions are at the heart of Roman law, as writs are at the heart of medieval English law, rights are at the heart of American law, and Anspruche is at the heart of German law.