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Civil Procedural Law 2017/2018

  • 6 ECTS
  • Taught in Portuguese
  • Final Assessment

Objectives

The student must be able to:
1) Recognize the executive protection and the paradigm of desjudicialização as well as the fundamental principles of enforcement proceedings;
2) To infer the functions of judge and enforcement agent;
3) Recognize and interpret the rules concerning the concept, purpose, types and forms of enforcement procedures, and the rules relating to general and specific processais prossupostos of enforcement procedures;
4) Recognize, analyze and apply the rules for the common ordinary enforcement proceedings for payment of certain amount, with particular emphasis on the performance of the requester;
5) To recognize, analyze and interpret the rules for the common summary enforcement proceedings for payment of certain amount, with particular emphasis on the performance of the requester;
6) Identify, analyze and interpret the rules for the implementation process for the right thing delivery and to provide that, especially focusing on the performance of the requester.

Recommended Prerequisites

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

Teaching Metodology

The lecture is not waived, 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.
At the same time, we try to deal with specific legal issues, aiming to provide students with this very close contact with the legal reality.

Body of Work

A) GENERAL PART
1.Tutela executive and paradigm of desjudicialização
Fundamental 2.Princípios of civil procedure
3.Agente implementation and execution of Judge
4.Conceito, purpose and type of execution
Specific and general 5.Pressupostos execution
6.Formas the executive process
B) ORDINARY JOINT IMPLEMENTATION OF CERTAIN AMOUNT OF PAYMENT
1.Requerimento initial and preliminary Order
2.Citação and previous quote remission executed by order of injunction
3.Embargos execution
4.Penhora schemes and penhorabilidade
5.Oposição the attachment
6.Convocações and creditors contest
7.Pagamento
8.Extinção execution
C) IMPLEMENTATION PROCESS SUMMARY FOR COMMON RIGHT AMOUNT OF PAYMENT
1.Requerimento initial and further processing
2.Fase injunction: the order for dismissal injunction and prior quote
3.Embargos execution and accumulation regime with the opposition to the attachment
D) OTHER ENFORCEMENT PROCEDURES
1.Referencia enforcement for the right thing delivery and to provide

Recommended Bibliography

José Lebre de Freitas
- A Acção Executiva - À Luz do Código de Processo Civil de 2013, Coimbra Editora, 2014

Lurdes Mesquita, Francisco Costeira da Rocha
- A Ação Executiva no Novo Código de Processo Civil, Vida Económica, 3.ª edição, 2014

Paulo Pimenta, João Correia, Sérgio Castanheira
- Introdução ao Estudo e à Aplicação do Código de Processo Civil de 2013, Almedina, 2013

Virgínio da Costa Ribeiro; Sérgio Rebelo
- A Ação Executiva Anotada e Comentada, 2.ª Edição, Almedina, 2016

Complementary Bibliography

Armindo Ribeiro Mendes
- O Processo Executivo no futuro CPC, ROA, Ano 73, Vol. I, Jan/Mar 2013
José Lebre de Freitas
- Sobre o Novo Código de Processo Civil (uma visão de fora), ROA, Ano 73, Vol. I, Jan/Mar 2013
Marco Carvalho Gonçalves
- Lições de Processo Civil Executivo, Almedina, 2016
Paulo Pimenta
- "A Acção executiva na Revisão do Processo Civil", ROA, Ano 72, Vol. I/III, Abr/Set 2012
Paulo Ramos de Faria, Ana Luísa Loureiro
- Primeiras Notas ao Novo Código de Processo Civil, Almedina, 2013
Rui Pinto
- Manual da Execução e Despejo, Coimbra Editora, 2013
- Notas breves sobre a reforma do CPC em matéria executiva, ROA, Ano 73, Vol. I, Jan/Mar 2013

Weekly Planning

Theoretical -
1st)
Presentation. General considerations on the course. Teaching and assessment method.
Bibliographies
2nd)
Executive paradigm and protection of desjudicialização; Fundamental principles of civil procedure
3rd)
Agent execution and execution of Judge; Concept, purpose and type of execution
4th)
Specific assumptions execution
5th)
General assumptions of execution
6th)
Procedural assumptions (continued)
7th)
Forms of enforcement proceedings; Ordinary common implementation for certain amount of payment: introduction
8th)
Initial application and injunction Order; Quotation and citation prior remission executed by order of injunction

9th)
Continued from previous class

10th)
Run embargoes

11th)
Attachment and penhorabilidade schemes

12th)
Opposition to attachment

13th)
Summonses and creditors contest
14th)
Payment and Termination of execution
15th)
Common summary execution for payment of certain amount: Initial Application and further processing; Liminal phase: the order for dismissal injunction and previous quote; Run embargoes


PRACTICAL CLASSES

PRACTICAL CLASSES

1st)
Presentation. General considerations on the activity to develop in practical classes of unit
curriculum.

2nd)
Application and practical examples of executive protection

3rd)
Resolution of case studies: types of executions

4th)
Practical application of the functions of procedural actors

5th)
Resolution of case studies - assumptions
specific procedural

6th)
Resolution of case studies - General inadmissibility

7th)
Resolution of case studies -
procedural assumptions concerning the court.

8th)
Resolution of case studies - ordinary running (initial processing)

9th)
Run embargoes: case studies.

10th)
Case studies on the stage of attachment and opposition to the attachment

11th)
Resolution of case studies on the phase of the summons and lodge claims

12th)
Payment arrangements: case studies

13th)
Resolution of case studies relating to summary execution and differences from the ordinary

14th)
Resolution of practical cases of simultaneous application of matter and revisions

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

The objectives paragraph 1, 2 and 3 is achieved through Chapter A of the study plan;
The Objective 4 is achieved through the Chapter B of the study plan;
The Objective 5 is achieved through the Chapter C of the study plan;
The Objective 6 is achieved through Chapter D 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, it is used brainstorming and the reasoned opinion of expression, as well as the analysis and critique of law, judgments and other documents in order to be achieved the goal of the student able to infer the judge's functions and agent execution and interpreting the rules concerning the concept, purpose, types and forms of enforcement procedures, and the rules relating to general and specific assumptions processais the executive action (objectives 1, 2 and 3);
In addition, and in order to be the objectives achieved paragraphs 4, 5 and 6, it is used method of resolution of concrete legal issues dealing on issues related to the ordinary common process, the summary common process as well as the executive process for delivery right thing or to provide that.

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