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3 results on '"González Granda, Piedad"'

1. ¿Falta de interés casacional en la aplicación judicial del Derecho extranjero? La doctrina jurisprudencial dominante y el problema del interés casacional.

Author

González Granda, Piedad

Subjects
*FOREIGN precedent (Law), *PLEADING & proof of foreign law, *LEGAL evidence, *APPELLATE procedure, *JURISPRUDENCE, *APPELLATE courts
Abstract

This paper analyses the specific problem of the foundation of the «reversal interest» in the evidence of foreign law which can be seen on a double front: on the one hand, based on the deep contradiction latent in the dominant jurisprudential doctrine of the Supreme Court in the matter; on the other, based on the growing reinforcement of the «reversal interest», which translates into an effort to justify and accredit the same that is difficult for the litigant to comply with, especially in controversial areas and in which there are specific difficulties, such as the judicial application of foreign Law. The analysis is carried out from a critical point of view, also offering various suggestions in order to improve the system, both de «lege data» and de «lege ferenda». [ABSTRACT FROM AUTHOR]

Published
2021

2. EL (DIFÍCIL) PAPEL DEL TRIBUNAL SUPREMO EN LA DOCTRINA IMPUGNATORIA DE LOS AUTOS DE SOBRESEIMIENTO LIBRE: SÍNTESIS DE ALGUNOS SUPUESTOS PARADIGMÁTICOS.

Author

González Granda, Piedad

Abstract

The system for challenging the Final Orders in the Criminal Jurisdiction has recently been modified on the occasion of the profound procedural reform that Law 41/2015 of October 5th has implied and was very welcomed. However, the generalization of the Second Instance and the only partial adaptation of the corresponding provisions in the subject matter have created new interpretive problems and doubts with regard to the scope of the appeal of Cassation, which should be completely resolved. Based on the provisions affected, this study analyzes some systematic difficulties that have occurred and it does so knotting that the system is now beginning its course -as a consequence of the transitory Regime provided for in the Law-, in such a way that it contributes its opinion regarding certain points that may be controversial. Nevertheless the profound reform can not be understood in many of its extremes if the doctrine of the Supreme Court is uot followed and also -as to be expected- to the multiplicity of non-jurisdictional Plenary Agreements that have proliferated in this subject matter for years. For this reason it is essential to analyze the interpretative doubts within a systematic interpretation, which also addresses the role of the Supreme Court, all this awaits the legislator seeking a new Law regulating the Criminal Process that simplifies the system of impugnation judicial resolutions in general and of the Dismissal Orders analysis in particular. [ABSTRACT FROM AUTHOR]

Published
2018

3. La regulación del acceso a las fuentes de prueba en la Ley de Enjuiciamiento Civil: algunas sombras relativas al sistema y a su naturaleza jurídica.

Author

González Granda, Piedad

Subjects
*CIVIL law, *CIVIL procedure, *LEGAL evidence, *LEGAL procedure, *LAW, *CODIFICATION of law
Abstract

The regulation of access to the sources of proof in Section 1ª.bis of Chapter V of Title I of Book II of the Code of Civil Procedure raises a number of questions that leads to thinking around various issues. The purpose of this work is not only to carry out a brief but critical analysis of the new provisions, but also to show some parameters that will facilitate their understanding within the framework of the legislative policy on the principles of the Civil process. [ABSTRACT FROM AUTHOR]

Published
2017

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