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Procedural Law Enforcement Proceedings 2017/2018

  • 5 ECTS
  • Taught in Portuguese
  • Final Assessment

Objectives

1. Know contextualize the enforcement procedure in the current paradigm
2. To recognize the particularities of CPD principles in execution
3. To recognize the procedural involved in implementing
4. Apply the concept and purpose of enforcement procedures
5. Know and apply the general and specific procedural constraints of execution
6. Be able to identify and classify the enforcement orders, as well as certain requirements, liability and liquidity
the enforceable obligation
7. Mastering, a critical and applied perspective, the phases and the formalities of the enforcement proceedings for payment
right amount
8. Know and identify situations that determine the existence of declarative grafts
9. Know processing the declarative grafts
10. Know and aplicaras rules of attachment and the unseizability schemes
11. Know and apply the methods of payment and their legal regimes
12. Recognize the causes of extinction and renovation of the former execution

Recommended Prerequisites

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

Teaching Metodology

Lectures of matter
Analysis and interpretation of the relevant legal regime
Study of the doctrine and related jurisprudence, as well as the analysis and critique of law, judgments and other documents
Critical perspective of matter, looking for the debate of ideas and the reasoned opinion of expression.
Application of matter in particular cases, with discussion and resolution of practical cases.

Body of Work

A) General framework for enforcement
1. Enforcement
2. The enforcement proceedings and some fundamental principles of civil procedure
3. Enforcement officer: Professional status and skills
4. The judge and the enforcement proceedings
5. The Commission for the Efficiency of Enforcement
B) Enforcement Proceedings - General Part
1. Concept and purposes
2. Enforcement proceedings classification
3. Enforcement proceedings: specific requisites
4. General requisites of the enforcement proceedings
5. Enforcement proceedings forms
C) Enforcement proceeding for payment of certain amount
1. Scope
2. Introductory phase
3. The proceedings in the preliminary phase
4. Opposition
5. The seizure phase
6. Demaind of third creditors
7. Payment

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 Vol I e II, 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

Virgínio da Costa Ribeiro
- As Funções do Agente de Execução, Almedina, 2011

VV. AA. - II Colóquio de Processo Civil de Santo Tirso, Almedina, 2016

Weekly Planning

Theoretical classes:
1st General considerations on the course. Teaching and assessment method.
Bibliographies
2nd Trusteeship executive and paradigm of desjudicialização; Fundamental principles of the process
civil
3rd execution agent and execution of Judge; Concept, purpose and type of execution
4th specific assumptions execution
5th General Assumptions execution
6th procedural assumptions (continued)
7th Process Forms
executive; Ordinary common implementation for certain amount of payment: introduction
8th initial Request and Order
injunction; Quotation and citation prior remission executed by order of injunction
9th Oposition
10th Garnishmentand
11th Opposition to attachment
12th Calls and creditors contest 13th and Payment
The execution extinction
14th joint summary execution for certain amount of payment: Initial Application and processing
additional; Liminal phase: the order for dismissal injunction and previous quote; Run embargoes
15th Execution for delivery right thing and to provide that
Practical classes:
1st Show. 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 implementation of the functions of procedural actors 5ªResolução of case studies - assumptions
specific procedural
6th resolution of practical cases - specific procedural constraints (continued)
7th resolution of case studies - General inadmissibility 8th resolution of case studies procedural -pressupostos for the court.
9th resolution of case studies - ordinary running (initial processing)
10th run of Embargoes: case studies.
11th Case studies on the stage of attachment and attachment opposed to the 12th resolution of case studies on the phase of the summons and lodge claims
13th Terms of payment:
case studies
14th resolution of case studies relating to summary execution and differences from the ordinary; Resolution of practical cases of simultaneous application of matter and revisions

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

The objectives of the course fits the syllabus and are developed according to progress in learning the content.
The part A and D content on the General Part and Other Process Execution of executive action will achieve the objectives stated in 1-6.
In Part B and C of the program, where it is treated and the Annual Summary Execution for certain amount of payment, the content you provide to the student achieving the objectives 7-12 are addressed.

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

Given that the proposed objectives emphasize the practical application of content and mastery of concepts applied to specific situations, the methodology fulfills these purposes.
Starting from the theoretical exposition of the matter, the legislative point of view, doctrinal and jurisprudential, the task of teaching / learning focuses mainly on critical analysis and resolution of practical cases pursuant to content.
The lecture method, combined with the critical discussion of matters, serves all purposes and is used to display the contents of Parts A, B, C and D.
The analysis and interpretation of the relevant legal regime, the study of doctrine and related jurisprudence, promoting student participation, and critical analysis of the matter, promoting student participation, are the methods primarily used in Parts A, B and C of the program ie for study and analysis of general issues of enforcement proceedings and execution for certain amount of payment.

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