Dereito: revista xurídica da Universidade de Santiago de Compostela is a half-yearly published journal founded in 1992. It is addressed to lecturers and researchers as well as professionals from the public and private sectors carrying out their activities in the field of juridical sciences.
Dereito
is indexed in International Political Science Abstracts, Political Science Complete, ERIH+, Sociological Abstracts (Select.), Worldwide Political Science Abstracts, SocINDEX, Scopus (descontinua), Fuente Académica Premier, Academic Search Complete, Current Abstracts, TOC Premier, ISOC, ULRICH, DIALNET, and it is present at 38.09% of the Spanish universities in which the corresponding studies are offered (24/63).
In the RESH index, Dereito occupies, in the 2005-2009 period, position 12 of 71 among the Spanish journals in juridical sciences with most impact. The index that measures the impact is the citation index and, to calculate it, the citations in the main Spanish scientific journals and the citations received at the Web of Science have been taken into account.
The digital portal of Dereito is published in Galician and Spanish; the languages of publication are the Galician, Portuguese, Spanish, French, English and Italian.

PROBABILITY AND JUDICIAL DECISION

  • Andrés Blanco
Published 12-09-2024

The article explores the design of a simplified strategy of the logical strand to be applied to such practice. After a general introduction and adopting a subjective conception of probabilistic, I analyze the feasibility of applying it to judicial inferences from the evidences to the facts. Immediately I suggest that, although in many contexts the use of the theorem of Bayes can be appropriated, the axioms of Kolmogorov seem a promising platform to design a probabilistic action plan for judicial use. On such basis I propose a strategy by successive steps, freely grounded on the axioms of Kolmogorov. Finally, I exposed some reflections about the possibilities of use and the boundaries of the proposed strategy.

WOMEN, (DIS)ABILITY AND DECISION-MAKING

  • Celia Prados García
Published 31-05-2024

These notes are a reflection on the level of implementation of the social model of disability in the Spanish legal system, focused specifically on the situation of women with disabilities who are often denied the right to legal competence.

CONTRATO INTERNO Y SUMISIÓN EXPRESA A FAVOR DE UN TRIBUNAL EXTRANJERO: ¿SITUACIÓN INTERNA O INTERNACIONAL?

  • Javier Maseda Rodríguez
Published 19-09-2024

This paper analyzes the possible application, in a purely internal situation, of the Regulation (UE) 1215/2012, of the European Parliament and of the Council, of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, in concrete, whether its art. 25 R. 1215 as the rule regulating the express prorogation o jurisdiction must be interpreted as applicable solely because the parties domiciled in the same Member State have designated a court of another Member State as having jurisdiction to settle disputes which have arisen or may arise between them related to their contractual relationship.

Unfair and harmful tax competition: nature and challenges

  • José Campos Amorim
Published 19-09-2024

Unfair and harmful tax competition represents a new reality and challenges for companies and states who see this phenomenon as a strategic means of fraud and tax evasion. In this context, the European Union and the OECD have been adopting some measures to combat tax avoidane and evasion, but states have also sought to combat unfair and harmful competition through internal mechanisms of a dissuasive and repressive nature, through he general anti-abuse clause and special anti-abuse rules. This is a reality that goes beyond the national sphere and requires a set of international and domestic measures to combat abusive tax avoidance and evasion practices, with greater emphasis on Corporate Income Tax, where the risk of tax fraud and evasion is greater.

THE DICTATORSHIP POWERS OF THE PRESIDENT OF THE WEIMAR REPUBLIC IN THE WORK OF CARL SCHMITT

  • Gabriel Vidal Cernadas
Published 30-09-2024

The aim of this paper is to study Schmittian's conception of the President of the Weimar Republic and his dictatorial functions derived from Article 48 of the Weimar Constitution. To this end, it begins with a brief contextualisation of the constituent process in order to show the role that it was decided early on to assign to the President. This is followed by an overview of the constitutional functions of the president, particularly the functions of exception. Finally, it explains how Schmitt tried to legitimise the powers of exception of the President of the Republic under the protection of his own theory. To this end, some concepts such as «sovereignty», "dictatorship" and «Constitution» will be reviewed, while bearing in mind that Schmittian theory is dynamic and the use of such categories evolves according to circumstances.

Jaime Rossell Granados y Ricardo García García (coord.) Derecho y religión. Edisofer S.L., Libros jurídicos, Madrid, 2020. 997 págs.

  • Concepción Presas Barrosa
Published 02-10-2024

Vol 32 No 1 (2023)

Published: 2023-09-04

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