OBJECTIVES

• The purpose of this research group —through the commitment made by its members— is to study in depth the different and novel aspects of civil law that are being carried out in our legislation, focusing mainly on some of the issues latest in protection of the person, contract law and damage law.

Being the basic pillar of Law —and especially Civil Law—, this research group considers it of special interest to investigate issues related to some aspects of the protection of the person. In this sense, it aims to focus its investigative activity on Law 41/2003, of November 18, on the patrimonial protection of people with disabilities and on the modification of the Civil Code, the Civil Procedure Law and the Tax Regulations for this purpose. . Law that, as its title can be deduced, aims to regulate new protection mechanisms for people with disabilities, focused on an essential aspect of this protection, which is property. This patrimonial protection shows that one of the elements that most affects the well-being of people with disabilities is the existence of economic means at their disposal, sufficient to meet their specific vital needs. Therefore, this patrimonial protection will be one of the main purposes and objectives to which this research group dedicates its activity.

Regarding contracts, the research interest of the group aims to focus on matters regulated by the most recent legislation, highlighting, among others, the following issues: bankruptcy (Law 22/2003, of July 9) ; the guarantee on the sale of consumer goods (Law 23/2003, of July 10); rustic leases (Law 49/2003, of November 26); arbitration (Law 60/2003, of December 23), etc.

In relation to the law of damages, the investigation that this group intends to carry out, and without prejudice to delving into other possible fields of civil liability, is mainly framed in the field of health law and medical liability, with an obligatory reference to Basic Law 41/2002, of November 14, regulating patient autonomy and rights and obligations in relation to information and clinical documentation.

The referred norm shows the protection that the Law grants to the person, stating, for example, that an “intervention in the field of health can only be carried out after the affected person has given his free and unequivocal consent ”, And that this“ person must previously receive adequate information about the purpose and nature of the intervention as well as its risks and consequences ”.

Preeminence of the role of the person - in this case the patient - which is recorded in the aforementioned informed consent: consent that in turn finds its main foundation in the autonomy of the will, in the right to health information and in the Right to privacy.

In the investigative task of the group that intends to constitute itself, it is aware that this Law certainly does not directly address the responsibility of health professionals and hospital centers - a matter that continues to be left to the discretion of the Courts - but its content It can help to clarify the infinity of problems that are reflected in the jurisprudential treatment of medical responsibility, especially regarding the information to be provided to the patient and informed consent. Hence, in the research objectives of the group, the most detailed analysis of medical liability is considered of interest, within the investigation of tort law.

Among the objectives that this Research Group has set itself, it is worth highlighting the analysis and the repercussion that the new legal norms referred to here, and the jurisprudence to which their application of place, generate in the social framework for which they have been elaborated: In other words, the basic function of studying the law and analyzing the effects of its application, trying to facilitate knowledge of its contents and proposing possible solutions to the problems that may arise from its application.

Finally, it should be noted that even when the research activity of the group is limited to the aforementioned fields, it should not be ruled out that - as a consequence of the constant legislative activity - it is possible to enter into the study and examination of issues that, in addition to being related to other fields of civil law - family law, inheritance law, etc. -, they are also related to the main objective of the research that this group intends to carry out.

RESEARCH LINES

• Issues related to some aspects of personal protection: patrimonial protection of people with disabilities.

• New Contracting Law: purchase-sale, leases, arbitration, bankruptcy, etc.

• New Law of damages: Medical liability and other cases of civil liability.

• Other subjects of civil law related to the main object of the research that this group intends to develop.

• Registry Law