La prueba electrónica en el proceso civil

El presente Trabajo de Fin de Grado tiene por objeto el estudio de la prueba electrónica en el proceso civil. Más concretamente su concepto, regulación, naturaleza, clasificación de los medios y fuentes de prueba, con especial referencia al documento electrónico, admisibilidad de la prueba electrónica en el proceso y su valor probatorio. Su estudio es fundamental por la trascendencia de la prueba en el proceso civil, cuando las partes la practican encaminadas a convencer al juez de los hechos que afirman y que pretenden demostrar, con la particularidad de que la prueba electrónica no contiene una regulación expresa en el ordenamiento jurídico español. Se incorporan al proceso nuevas fuentes de prueba como el e-mail, los SMS o Whatsapp, por lo que es necesario adaptar el derecho procesal civil a las nuevas tecnologías e innovaciones que surgen en la actualidad y analizar su admisibilidad en el proceso a través de los medios de prueba, sin dejar al margen los medios tradicionales. Este trabajo está motivado a la determinación del valor probatorio de los medios electrónicos, de manera que se mire más allá del papel y se abra la mente a la prueba en el derecho procesal civil. Se analizará como deberán ser aportadas y practicadas las pruebas electrónicas al proceso civil y cuáles son las formas más adecuadas de acreditar su autenticidad e integridad, para la posterior valoración de su fuerza probatoria.The purpose of this Final Degree Project is to study electronic evidence in civil proceedings. More specifically, its concept, regulation, nature, classification of means and sources of evidence, with particular reference to the electronic record, admissibility of electronic evidence in the process and its probative value. Their study is fundamental because of the importance of the evidence in the civil proceedings, when the parties practice it aimed at convincing the judge of the facts that they affirm and that they intend to prove, with the particularity that the electronic test does not contain an express regulation in the Spanish legal system. New sources of evidence such as e-mail, SMS or Whatsapp are incorporated into the process, It is therefore necessary to adapt civil procedural law to the new technologies and innovations that are emerging today and to analyse their admissibility in the process through the means of proof, without leaving aside the traditional means. This work is motivated to determine the probative value of electronic media, so that it looks beyond paper and opens the mind to evidence in civil procedural law. It will be analyzed how electronic evidence should be provided and practiced in civil proceedings and what are the most appropriate ways to prove its authenticity and integrity, for the subsequent assessment of its probative value.Departamento de Derecho Constitucional, Procesal y Eclesiástico del EstadoGrado en Derech

Coverage and invariance for the biological control of pests in mediterranean greenhouses

A major problem related to the treatment of ecosystems is that they have no available mathematical formalization. This implies that many of their properties are not presented as short, rigorous modalities, but rather as long expressions which, from a biological standpoint, totally capture the significance of the property, but which have the disadvantage of not being sufficiently manageable, from a mathematical standpoint. The interpretation of ecosystems through networks allows us to employ the concepts of coverage and invariance alongside other related concepts. The latter will allow us to present the two most important relations in an ecosystem – predator–prey and competition – in a different way. Biological control, defined as “the use of living organisms, their resources or their products to prevent or reduce loss or damage caused by pests”, is now considered the environmentally safest and most economically advantageous method of pest control (van Lenteren, 2011). A guild includes all those organisms that share a common food resource (Polis et al., 1989), which in the context of biological control means all the natural enemies of a given pest. There are several types of intraguild interactions, but the one that has received most research attention is intraguild predation, which occurs when two organisms share the same prey while at the same time participating in some kind of trophic interaction. However, this is not the only intraguild relationship possible, and studies are now being conducted on others, such as oviposition deterrence. In this article, we apply the developed concepts of structural functions, coverage, invariant sets, etc. (Lloret et al., 1998, Esteve and Lloret, 2006a, Esteve and Lloret, 2006b and Esteve and Lloret, 2007) to a tritrophic system that includes aphids, one of the most damaging pests and a current bottleneck for the success of biological control in Mediterranean greenhouses

An Ecological Model for Predicting Behaviour of Mediterranean Shrublands

In order to build dynamic models for prediction and management of degraded Mediterranean forest areas was necessary to build MARIOLA model, which is a calculation computer program. This model includes the following subprograms. 1) bioshrub program, which calculates total, green and woody shrubs biomass and it establishes the time differences to calculate the growth. 2) selego program, which builds the flow equations from the experimental data. It is based on advanced procedures of statistical multiple regression. 3) VEGETATION program, which solves the state equations with Euler or Runge-Kutta integration methods. Each one of these subprograms can act as independent or as linked programs

Diversity for Texts Builds in Language L(MT): Indexes Based in Theory of Information

If one has a distribution of words (SLUNs or CLUNS) in a text written in language L(MT), and is adjusted one of the mathematical expressions of distribution that exists in the mathematical literature, some parameter of the elected expression it can be considered as a measure of the diversity. But because the adjustment is not always perfect as usual measure; it is preferable to select an index that doesn't postulate a regularity of distribution expressible for a simple formula. The problem can be approachable statistically, without having special interest for the organization of the text. It can serve as index any monotonous function that has a minimum value when all their elements belong to the same class, that is to say, all the individuals belong to oneself symbol, and a maximum value when each element belongs to a different class, that is to say, each individual is of a different symbol. It should also gather certain conditions like they are: to be not very sensitive to the extension of the text and being invariant to certain number of operations of selection in the text. These operations can be theoretically random. The expressions that offer more advantages are those coming from the theory of the information of Shannon-Weaver. Based on them, the authors develop a theoretical study for indexes of diversity to be applied in texts built in modeling language L(MT), although anything impedes that they can be applied to texts written in natural languages

Chebanov law and Vakar formula in mathematical models of complex systems

Ecological models written in a mathematical language L(M) or model language, with a given style or methodology can be considered as a text. It is possible to apply statistical linguistic laws and the experimental results demonstrate that the behaviour of a mathematical model is the same of any literary text of any natural language. A text has the following characteristics: (a) the variables, its transformed functions and parameters are the lexic units or LUN of ecological models; (b) the syllables are constituted by a LUN, or a chain of them, separated by operating or ordering LUNs; (c) the flow equations are words; and (d) the distribution of words (LUM and CLUN) according to their lengths is based on a Poisson distribution, the Chebanov's law. It is founded on Vakar's formula, that is calculated likewise the linguistic entropy for L(M). We will apply these ideas over practical examples using MARIOLA model. In this paper it will be studied the problem of the lengths of the simple lexic units composed lexic units and words of text models, expressing these lengths in number of the primitive symbols, and syllables. The use of these linguistic laws renders it possible to indicate the degree of information given by an ecological model

Mathematical Model of Reproductive Behaviour of Mediterranean Bushes: Cistus albidus L Case

The bushes constitute a basic species of the ground Mediterranean ecosystems. Their role in the contribution of organic matter on the soil and prevention of erosion is well known. MARIOLA model was developed to study the behaviour of Mediterranean shrubs species from a predictable climatic change. This paper presents a model, inside the context of the MARIOLA, which deals with the reproductive phenomena of the phanerogam plants germination, flowering, fructification and dispersion of seeds. In this paper, it has presented a population submodel for the Cistus albidus L of the above mentioned process and its validation

Behavior of pyrophite shrubs in mediterranean terrestrial ecosystems (i): Population and reproductive model

The mathematical submodel ULEX is used to study the dynamic behavior of the green, floral and woody biomass of the main pyrophite shrub species, the gorse (Ulex parviflorus Pourret), and its relationship with other shrub species, typical of a Mediterranean ecosystem. The focus are the ecological conditions of post-fire stage growth, and its efficacy as a protective cover against erosion processes in the short, medium and long term, both in normal conditions and at the limits of desertification conditions. The model sets a target to observe the behavior and to anticipate and consequently intervene with adequate protection, restoration and management measures