Seminar of the Department of Law

Day: October 16, 2023

Place: Meeting Room of FDET

Hour:  17h to 18h

Presentation: "La transmissió de la delació en el dret civil català. Implicacions civils, registrals i fiscals"

Enrique Peruga Pérez, is a full-time predoctoral researcher at the Department of Private Law at the University of Barcelona. He is currently working on his doctoral thesis under the direction of Dr. Esther Arroyo Amayuelas. Prior to beginning his Doctorate studies, he worked as a lawyer in the Civil and Commercial Procedural Law department of a large firm based in Catalonia. His research activity focuses on Catalan Civil Law and, more specifically, inheritance Law, particularly from a comparative perspective. He recently completed a predoctoral research stay at the Ludwig-Maximilians-Universität (Munich, Germany).

Abstract: The work analyzes the recent jurisprudence of the Catalan courts and the rest of Spain on the transmission of ius delationis,
that is to say, the right to accept or repudiate the acquisition of an inheritance. The study of jurisprudence and recent doctrine reveals
certain dysfunctions in the current state of Catalan regulation. Among others, an issue of the current regulations is that it gives preference to the transmission of the denunciation over the vulgar substitution. The negative effects of this and other dysfunctions not only affect Civil Law or Inheritance Law, but also Tax Law and Registry Law.  Consequently, some solutions are proposed in the light of Catalan legal tradition and Austrian succession law. In particular, it is necessary to reflect on whether it would not be more appropriate that, in cases of post-death of the
person called, vulgar substitution generally prevailed over the right of transmission.

Day: November 20, 2023

Place: Meeting Room of FDET

Hour: 17h to 18h

Presentation: "Mechanisms to reduce the secondary victimization of persons under the age of victims of sexual violence: practical application of the pre-constituted test in the context of the Barnahus"

Roser Casanova Martí, tenure-eligible Lecturer of Procedural Law at Rovira i Virgili University. She holds a PhD in Law from the same university with an international mention (2014) and an extraordinary doctorate award (2015). She has participated in different national and international research projects. Her research activity focuses mainly on probatory matters, in the criminal and civil field, being the author of numerous publications, highlighting her monograph “The telephone interventions in the criminal process” (edit. JM Bosch, 2014). She has participated in several national and international conferences and scientific conferences as a speaker, communicating and member of the organization committees. She has also carried out different research stays in national and foreign centres: three at Oxford University, England (2012, 2015 and 2019), one at the Università degli studi di Bologna, Italy (2013) and one at Pompeu Fabra University (2022).

Abstract: It is unquestionable that sexual violence in its entirety is unacceptable, and even more so when it is directed against minors. Unfortunately, the statistics show that a very important part of this type of violence is against this vulnerable group, of which only a few cases become known. To ensure that these facts are explained and denounced, criminal justice must be able to respond to the needs of these victims. In this context, the Barnahus project has been implemented in the province of Tarragona, a pioneer in Catalonia and Spain, in charge of the management and care of children and adolescents victims of sexual abuse in a coordinated way among all the professionals involved in these cases. The main purpose of the research work presented is to examine the reform introduced by Organic Law 8/2021, of June 4, on the comprehensive protection of children and adolescence against violence, which modifies the Law of Criminal Procedure and introduces ex novo the obligation to preconvent the test of the declaration of minors in the criminal process and its practical application in the context of Barnahus.