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Civil Procedural Law II 2017/2018

  • 6 ECTS
  • Taught in Portuguese
  • Final Assessment

Objectives

The student must be able to:
Knowing the procedural legal relationship and the vicissitudes of the proceedings in order to be able to identify the elements of the resort, its guiding principles.
instance.
Identify the main procedural steps and its essential function.
Know and understand declarative procedural formalism, with particular focus on procedural ways in which solicitors have intervention, providing the field of civil procedural declarative dynamic.
Mastering the procedural requirements of the declaratory action and the preparation of pleadings.

Recommended Prerequisites

The courses of the scientific area of civil law.
The course of the Civil Procedure I.

Teaching Metodology

The teaching methodology is based on: the theoretical exposition of the matter; the analysis and interpretation of the applicable legal regime: the study of doctrine and related jurisprudence; a critical perspective of the matter; the application of matter in individual cases and in the discussion and resolution of practical cases.

Body of Work

CHAPTER I - Instance
1. The principles of stability and cooperation
2. The Board of initiative
3. Incidents instance
CHAPTER II - Procedural Formalism declaratory
5. Phases of the common assessment procedure and function
6. Formalism declarative process - early stage
6.1. pleadings
6.1.4. Inicial petition
6.1.5. Distribution and assessment process
6.1.6. Citation and notifications: modalities and effects
6.1.7. Contestation
6.1.7.1. contestation species
6.1.7.2. Disputed Defense
6.1.7.3. defense of structuring principles
6.1.7.4. Contestation-Counterclaim
6.1.7.5. Time and organization of the defense
6.1.8. The omission of the defendant
6.1.9. Replica and Pleadings supervening
7. Education and Law of Evidence
8. Intermediary round: Process organization and sanitation
9. Final phase: final hearing and judgment
10. Formalism simplified procedures: order procedure and special declaratory action for the fulfillment of financial obligations.

Recommended Bibliography

José Lebre de Freitas
- A Acção Declarativa Comum - À Luz do Código Revisto, Coimbra Editora, 2013
- Introdução ao Processo Civil - Conceito e Princípios Gerais, Coimbra Editora, 2013
Paulo Pimenta
- Processo Declarativo. Coimbra: Almedina, 2014

www.dgsi.pt

Complementary Bibliography

Edgar Valles
- Cobrança Judicial de Dívida, Injunções e Respectivas Execuções, Almedina, 2014
Jorge Augusto Pais de Amaral
- Direito Processual Civil, 11.ª Edição, Almedina, 2013
José Alberto dos Reis
- Breve estudo sobre a reforma do processo civil e comercial, 2ª edição. Coimbra: Coimbra Editora, 1929;
- 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: Coimbra Editora, 1945/1946;
José Lebre de Freitas
- Sobre o Novo Código de Processo Civil (Uma Visão de Fora), ROA, Ano 73, Vol. I, 2013
José Lebre de Freitas; João Redinha e Rui Pinto
- CPC Anotado, Vol. I. Coimbra: Coimbra Editora, 1999.
P. Ramos de Faria, Ana Luísa Loureiro
- Primeiras Notas ao Novo CPC, Vol I e II Almedina, 2014
Paulo Pimenta, João Correia, Sérgio Castanheira
- Introdução ao Estudo e à Aplicação do CPC de 2013, Almedina.

Weekly Planning

Theoretical classes
1st Class
Presentation. General considerations on the course. teaching and evaluation method. bibliographies and study elements.
2nd Class
I - The INSTANCE
3rd Class
Instance and its vicissitudes

4th Class
CHAPTER II - Procedural Formalism declaratory
5. Phases of the common assessment procedure and function
6. Formalism declarative process - early stage
6.1. pleadings
5th Class
6.1.4. Inicial petition
6.1.5. Distribution and assessment process
6th class
6.1.6. Citation and notifications: modalities and effects
7th Class
6.1.7. Contestation
6.1.7.1. contestation species
6.1.7.2. Disputed Defense
8th Class
6.1.7.3. defense of structuring principles
9th Class
6.1.7.4. Contestation-Counterclaim
6.1.7.5. Time and organization of the defense

10th Lesson
6.1.8. The omission of the defendant
11th Lesson
6.1.9. Replica and Pleadings supervening
12th Lesson
7. Education and Law of Evidence
13th Lesson
8. Intermediary round: Process organization and sanitation
14th Lesson
9. Final phase: final hearing and judgment
10. Formalism simplified procedures: order procedure and special declaratory action
for the fulfillment of financial obligations
15th Lesson
Continuation of the previous contents.
Reviews.

Practical classes

1st Class
Presentation. General considerations on the activity to develop the practical lessons of the course.
2nd class:
Resolution of practical cases relating to Instance
3rd class
Continued from previous class;
4th class
Preparation and analysis of initial petitions.
analysis of documents relating to the citation (personal and public notice), as well as relating to judicial notifications.
Preparation and analysis of challenges;
Resolution of specific legal issues relating to the defense of species (defense defense defense and counterclaim).
5th)
Continued from previous class.
6th)
Analysis and resolution of specific legal problems relating to the default of the defendant.
7th)
Continued from previous class.
8th)
Replicas of analysis and resolution of specific legal problems associated with this reality.
9th)
Resolution of specific legal issues relating to the intermediate stage.
10th)
Continued from previous class.
11th)
Continuation of previous classes.
12th)
Resolution of specific legal issues relating to the final stage of the process;
13th)
Resolution of specific legal issues relating to the education cause
14th)
Resolution of specific legal issues relating to procedures to enforce a contract resulting monetary obligations (DL. No 269/98, 1 September).

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

The contents were defined taking into account the objectives to be reached for this course as well as the skills to be acquired by students. From the knowledge gained in Chapter I, the objectives to meet the elements of procedural legal relationship are met, its principles and events, as well as incidents of the proceedings. Known instance, which sets a common basis to all declaratory actions, are studied in Chapter II, the procedures of the declaratory action. These contents are essential for the field of procedural action in practice, giving students the knowledge necessary for performing the forensic mandate.

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

The course of Civil Procedure is fundamentally practice but must be combined with a theoretical. It is the combination of theoretical and practice which results in the acquisition of necessary skills and achieve the set goals. It starts with the analysis of the concepts and the exposure of the legal regime for the practical application. Thus, in addition to the underlying theoretical framework to the unit are presented several practical cases to solve and procedural documents are prepared. The combination of these methods shows that students are able to follow the procedural formalities of declaratory actions since beginning the proceedings until extinguished, knowing how to intervene and how to act at every procedural stage.

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