How to find us
|
Contacts

Civil Procedural Law I 2017/2018

  • 6 ECTS
  • Taught in Portuguese
  • Final Assessment

Objectives

In the end, students should be able to:
1) Identify the subject, the nature, characteristics and sources of Civil Procedure.
2) To identify the general principles of civil procedure;
3) Recognize and apply in specific cases, the classification of actions in the aim, of form and interests under discussion;
4) Recognize and apply the procedure for the parties, the court and the subject of the case, before concrete situations and identify procedural defects and apply appropriate consequences as addiction is curable or incurable;
5) Recognize and interpret the interim protection and the precautionary jurisdiction.

Recommended Prerequisites

Curricular units of the Civil Law area.

Teaching Metodology

You use the lecture 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, we use 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 deal with specific legal issues, aiming to therefore provide students a very close contact with legal reality.

Body of Work

PART I. INTRODUCTION
1. Civil Procedure Basics
2. Characteristics of Civil Procedure
3. Civil Procedure Sources
4. Fundamental Principles of Civil Procedure
PART II. CLASSIFICATION OF SHARES
1. Classification of actions regarding the subject
2. Classification of actions as to
3. Classification of the actions of the interests at issue
PART III. ASSUMPTIONS PROCEDURE
1. General Considerations
2. Assumptions relating to the parties
3. Assumptions with regard to the Court
4. Assumptions relating to the object of the cause
5. Lack of inadmissibility
6. Ineffective not remedied the lack of inadmissibility
PART IV - PROTECTION CAUTIONARY
1. precautionary procedures
1.1. Concept and nature
1.2. procedure
1.3. General rules
1.4. The reversal of litigation
1.5. expiry
1.5. The common injunction: Introductory Note
1.6. Brief notions about the special provisional remedies

Recommended Bibliography

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

2) FREITAS, José Lebre de
A acção declarativa comum, à luz do código de processo civil de 2013, 3ª Edição, Coimbra 2013;

3) FREITAS, José Lebre de
Introdução ao processo civil. Conceito e princípios gerais à luz do código revisto, 3ª Edição, Coimbra 2013;


Jurisprudência: www.dgsi.pt

Complementary Bibliography

ANDRADE, Manuel A. Domingues de
Noções elementares de processo civil, Coimbra 1979.
CASTRO, Artur Anselmo de
Direito processual civil declaratório, Coimbra 1981/1982.
MACHADO, António Montalvão
O dispositivo e os poderes do tribunal, à luz do novo código de processo civil, 2ª Edição, Porto 2001.
MARQUES, J. P. Remédio
- Acção Declarativa à Luz do Código Revisto, 3ª Edição, Coimbra 2011.
MENDES, João de Castro
Direito processual civil, Lisboa 1987;
REIS, José Alberto dos
Código de processo civil anotado, Vol. II, 3ª Edição (reimpressão), Coimbra 1981, Vol. III, 4ª Edição (reimpressão), Coimbra 1985, e Vol. V (reimpressão), Coimbra 1984;
Comentário ao código de processo civil, Coimbra 1945/1946;
SOUSA, Miguel Teixeira de
As partes, o objecto e a prova na acção declarativa, Lisboa 1995;
Estudos sobre o novo processo civil, 2ª Edição, Lisboa 1997.
VARELA, Antunes / BEZERRA, J. Miguel / NORA, Sampaio e
Manual de processo civil, 2ª Edição, Coimbra 1985.

Weekly Planning

1st Class
PART I. INTRODUCTION
1. Civil Procedure Basics
2. Characteristics of Civil Procedure
3. Civil Procedure Sources
3.1. Prior to 1876 period Code
3.2. Between the 1876 Code and the 1939 Code
3.3. Codes of the 1939, 1961 and 1995
3.4. The new Civil Procedure Code, 2013
2nd Class
4. Fundamental Principles of Civil Procedure
4.1. Device. Burden claim of the parties and the court cognitive powers
4.2. Contradictory
4.3. Process management
4.4. Equality of the parties
4.5. Cooperation
3rd Class
4.6. Procedural acquisition
4.7. Other principles: immediacy, orality and concentration; free evaluation of evidence; procedural economy
PART II. CLASSIFICATION OF SHARES
1. Classification of the Shares on the Subject
1.1. Declarative action and Executive Action. Terms of Distinction
1.2. Sentencing Declarative actions
4th Class
1.3. Declarative actions Simple Assessment
1.4. Declarative Constitutive actions
1.5. Executive actions
1.6. Enforceable instruments
1.6.1. Notion of Enforcement
1.6.2. Species enforceable instruments
5th Class
2. Classification of the Shares on the Form
2.1. Common process and Special Processes. Terms of Distinction
2.2. Common Declarative process: only way
2.3. Common Executive process for certain amount of payment: ordinary form and summary form
2.4. Common Executive process for delivery right thing and to provide that: only way
2.5. Special procedures for fulfillment of pecuniary obligations arising contract: Special Declaratory action and injunction
6th Class
3. Shares Rating As for interests in Discussion
3.1. Jurisdiction processes Disputed and Voluntary Jurisdiction processes. Terms of Distinction
3.2. Characteristics of Voluntary Jurisdiction Process
PART III. ASSUMPTIONS PROCEDURE
1. General Considerations
2. Assumptions Relating to Parties
2.1. Judicial personality
7th Class
2.1.1. Dealing with the legal personality to the legal personality.
2.1.2. Extension of cases of legal personality to entities without legal personality.
2.1.3. The legal personality of branches
2.2. Judicial capacity
2.2.1. Dealing with the legal capacity to legal capacity.
2.2.2. The representation of minors, of interdicted and incapacitated.
8th Class
2.3. Legitimacy
2.3.1. Legitimacy Single
2.3.2. Plurality of parties: Joinder and Coalition.
2.4. Required Judiciary sponsorship
2.5. Interest in Acting
9th Class
3. Assumptions Relating to Court
3.1. Preliminary
3.2. International competence
3.3. Internal competence
3.3.1. Internal competence in matters of Reason
10th Class
3.3.2. Internal competence in Hierarchy of Reason
3.3.3. Internal competence in Value Reason
11th Class
3.3.4. Internal competence in Territorial Reason
4. Assumptions Relating to Object of the Cause
4.1. Fitness Home Petition
4.2. No verification of Lis pendens and Case Judged
12th Class
5. Lack of Procedural Assumptions
5.1. Lack of Assumptions Relating to the Parties and their Possible Supply
5.2. Lack of Assumptions Relating to Court
13th Class
5.3. Lack of Assumptions Relating to the Cause of Purpose and its Possible Supply
6. Ineffectiveness of not Sanada Lack of Procedural Assumptions
PART IV - PROTECTION CAUTIONARY
1. precautionary procedures
1.1. Concept and nature
1.2. Procedure
1.3. General rules
1.4. The reversal of litigation
14th Class
1.5. Expiry
1.5. The common injunction: Introductory Note
1.6. Brief notions about the special provisional remedies
1.6.1. Provisional restitution of ownership
1.6.2. Suspension of corporate decisions
1.6.3. Provisional food
15th Class
1.6.4. Provisional reparation arbitration
1.6.5. Attachment
1.6.6. Embargo on new work
1.6.7. Enrollment
PRACTICAL CLASSES
1st CLASS
Presentation. General considerations on the activity to develop the practical lessons of the course.
2nd CLASS
Resolution of case studies relating to the structuring principles of civil procedure
3rd CLASS
Resolution of case studies relating to the classification of actions.
4th CLASS
Continued from previous class.
5th CLASS
Continuation of previous classes.
6th CLASS
Resolution of case studies relating to procedural assumptions about the parties.
7th LESSON
Continued from previous class.
8th Lesson
Continuation of previous classes.
9th CLASS
Resolution of case studies relating to procedural assumptions concerning the court.
10th Lesson
Continued from previous class.
11th Lesson
Continuation of previous classes.
12th Lesson
Resolution of case studies relating to procedural assumptions concerning the subject of the question.
13th Lesson
Resolution of practical cases relating to lack of inadmissibility.
14th Lesson
Resolution of case studies relating to injunctive relief.

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

Objective 1) is achieved through the points 1-3 of Part I of the study plan. The objective 2) is achieved by point 4 of Part I of the study plan. The objective 3) is achieved by Part II of the study plan. Objective 4) is achieved by Part III of the study plan. The objective 5) is achieved by Part IV of the study plan.

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

On the one hand, it uses the lecture method to achieve all the objectives of the course. On the other hand, 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 identify the object, nature the characteristics and sources of Civil Procedure. - To identify the general principles of civil procedure; - Recognize and interpret the interim protection and the precautionary jurisdiction. Moreover, it is used the method of resolution of concrete legal problems in order to be the following objectives of the course achieved: - recognize and apply in specific cases, the classification of actions as to the subject, form and the interests at issue. Recognize and apply the procedure for the parties, the court and the subject of the case, before concrete situations and identify procedural defects.

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledgeYesYes
Analytical and synthetic skillsYesYes
Event organization, planning and managementYesYes
Problem-solvingYesYes
Written and verbal communications skillsYesYes
This website uses cookies to provide better functionality and for performance measurements (European Union Directive 2009/136/EC)
Please take a few minutes do answer a few quick questions about our website.