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Procedural Law – Enforcement Proceedings 2017/2018

  • 5 ECTS
  • Taught in Portuguese
  • Final Assessment

Objectives

Students should be able to:
1) infer the general principles of private-practice;
2) strictly practical view of contractual legal arrangements commonly used in legal and private trade;
3) develop contractual parts and other mechanisms used in practice, providing a practical contact in the development of legal and private instruments;
4) identify existing guarantees in private legal practice;
5) Analyze and interpret procedural documents relating to the assessment procedure and executive process and prepare pleadings in different forms of process;
6) Analyze and interpret pleadings relating to special procedures, criminal proceedings or other judicial proceedings and prepare pleadings in the different processes;

Recommended Prerequisites

Law Fundamental Notions
General theory of civil law
Law of Obligations I
Law of Obligations II
Civil Procedural Law I
Civil Procedural Law II

Teaching Metodology

It used the expository method, looking for the debate of ideas and the reasoned opinion of expression, as well as the analysis and critique of law, judgments and other documents.
In addition, it uses the case method (study of judicial decisions that represent the dynamics of a particular branch of law or a particular theme or legal institution) and seeks to solve specific legal problems, aiming to therefore provide students very close contact with the legal reality, particularly by drawing up contracts and / or pleadings.

Body of Work

part A
1. General principles of private-practice.
2. Negotiation and preparation of legal and private instruments.
3. Study, design and preparation of contract documents and related nature.
4. Provision of guarantees in private legal practice.
Chapter B
1. Common Declarative Process: Preparation and analysis of procedural documents, including pleadings and judicial orders, for the different stages of the process.
2. Executive Procedure: Preparation and analysis of procedural documents, including requirements and judicial orders, for the different stages of the process.
3. Special Procedures: analysis and drafting of pleadings.
4. Criminal Procedure: analysis and drafting of pleadings;
5. Other lawsuits - analysis and drafting of pleadings.

Recommended Bibliography

1) VARELA, João de Matos Antunes
Das Obrigações em Geral Vol. I & II

2) PINTO, Carlos Alberto da Mota
Teoria Geral do Direito Civil

3) MARTINEZ, Pedro Romano e PONTE Pedro Fuzeta
Garantias de cumprimento, Almedina, 2006

4) TELLES, Inocêncio Galvão
Manual dos contratos em geral, 4.ª ed. refundido e actualizado, Coimbra Editora, 2002

5) PIMENTA; Paulo
Processo Civil Declarativo, Coimbra 2014;

Complementary Bibliography

1) FREITAS, José Lebre de
A acção declarativa comum, à luz do código de processo civil de 2013, 3ª Edição, Coimbra 2013;
2) FREITAS, José Lebre de
Introdução ao processo civil. Conceito e princípios gerais à luz do código revisto, 3ª Edição, Coimbra 2013;
3) PIMENTA, Paulo e MESQUITA, Lurdes
Processo Civil Declarativo I. Petições Iniciais, 2011, Almedina
4) FREITAS, José Lebre de
- A Acção Executiva - À Luz do Código de Processo Civil de 2013, Coimbra Editora, 2014
5) ANDRADE, Manuel A. Domingues de
Noções elementares de processo civil, Coimbra 1979.
6) CASTRO, Artur Anselmo de
Direito processual civil declaratório, Coimbra 1981/1982.
7) MACHADO, António Montalvão
O dispositivo e os poderes do tribunal, à luz do novo código de processo civil, 2ª Edição, Porto 2001.
8) MARQUES, J. P. Remédio
- Acção Declarativa à Luz do Código Revisto, 3ª Edição, Coimbra 2011.

Jurisprudência: www.dgsi.pt

Weekly Planning

TP classes - José Carlos Pires
Class 1)
Presentation. General considerations on the course. teaching and evaluation method. bibliographies and study elements.
Lesson 2)
1. General principles of private-practice:
The. Review the general principles of legal business
B. Review of general principles of contract law
Lesson 3)
Continued from previous class;
Lesson 4)
Continuation of previous classes;
L5)
2. Negotiation and preparation of legal and private instruments:
The. General aspects related to the negotiation of legal and private instruments;
B. General aspects related to the design and preparation of legal and private instruments:
Lesson 6)
Continued from previous class;
Lesson 7)
Continuation of previous classes;
Lesson 8)
3. Study, design and preparation of contract documents and related nature:
The. preliminary nature of contracts:
Lesson 9)
B. definitive nature of contracts, in particular with real efficacy;
w. Mixed contracts;
L10)
Continued from previous class;
L11)
Continuation of previous classes;
Lecture 12)
4. Provision of guarantees in private legal practice:
The. general guarantees and special guarantees
Lecture 13)
Continued from previous class
Lecture 14)
B. Guarantees associated with banking practices;
Class 15)
Continued from previous class.

TP classes - Rui Darlindo
Class 1)
Presentation. General considerations on the course. teaching and evaluation method. bibliographies and study elements.
Lesson 2)
I - Practice Civil Procedure:
1. Common Declarative Process: Preparation and analysis of procedural documents, including pleadings and judicial orders relating to the early stage of the assessment procedure.
Lesson 3)
Continued from previous class;
Lesson 4)
Continuation of previous classes;
L5)
Continuation of previous classes;
Lesson 6)
Common Declarative Process: Preparation and analysis of procedural documents, including pleadings and judicial orders relating to the intermediate stage of the assessment procedure.
Lesson 7)
Continued from previous class;
Lesson 8)
Continuation of previous classes;
Lesson 9)
Common Declarative Process: Preparation and analysis of procedural documents, including pleadings and judicial orders, referring to the final stage of the assessment procedure.
L10)
Incidents of the proceedings, injunctions and occasional legal notices: study of the legal system and preparation and analysis of the pleadings.
L11)
Continued from previous class;
Lecture 12)
Executive Procedure: Preparation of procedural documents and analysis of judicial orders for the different stages of enforcement proceedings;
Lecture 13)
Continued from previous class
Lecture 14)
Special Procedures: special order procedure and special dump procedure;
Class 15)
Criminal Procedure: preparation of pleadings;
Other lawsuits - analysis and drafting of pleadings.

Demonstration of the syllabus coherence with the curricular unit's objectives

- Objective 1 is achieved by point 1 of Chapter A of the course program. - Objective 2 is achieved by point 2 of Chapter A of the course program. - Objective 3 is achieved by the point 3 of Chapter A of the course program. - Objective 4 is achieved by point 4 of Chapter A of the course program. - The objective 5 is achieved by points 1 and 2 of Chapter B of the course program. - The objective 6 is reached through point 3 to 5 of Chapter B of the course program.

Demonstration of the teaching methodologies coherence with the curricular unit's objectives

On the one hand, it uses the expository method to achieve all the objectives of the course. On the other hand, it used the debate of ideas and the reasoned opinion of expression, as well as the analysis and critique of law, judgments and other documents in order to be the following objectives of the course achieved: to infer the general principles of legal practice -private; identify existing guarantees in private legal practice.
In addition, it uses the method of resolution of specific legal problems in order to be achieved the following objectives of the course: strictly practical view of contractual legal arrangements commonly used in legal and private trade; develop contractual parts and other mechanisms used in practice, providing a practical contact in the development of legal and private instruments; analyze and interpret pleadings.

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledgeYesYes
Analytical and synthetic skillsYesYes
Problem Analysis and AssessmentYesYes
Problem-solvingYesYes
Written and verbal communications skillsYesYes
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