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Civil Procedural Law 2017/2018

Objectives

The student must be able to:
- Identify each stage of the common assessment procedure;
- Explain the rules on early stage and solve concrete problems associated with this procedural stage;
- Infer the rules on prior intermediate stage, through the application of such rules, resolve concrete problems associated with this procedural stage;
Recognize the rules on the final stage and solve concrete problems associated with this procedural stage;
- Recognize and infer the rules on the instruction of the cause;
To explain and apply the rules of procedures to enforce a contract resulting monetary obligations (DL. No 269/98, 1 September).

Recommended Prerequisites

Courses: Process General Theory

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

I) Formalism PROCESS declarative COMMON
1. INITIAL PHASE
1.1. articulated
1.2. Inicial petition
1.3. Distribution and assessment process
1.4. Defendant's quote
1.5. contestation
1.6. Default of the defendant
1.6.1. The default operating system
1.6.2. Regime dead absentia
1.7. articulated supervening
2. INTERMEDIATE STAGE
2.1. Pre-curative act
2.1.1. Delivery of cases the order pre-exonerating
2.2. preliminary hearing
2.2.1. Objectives of the prior hearing
2.2.2. Regime of the prior hearing
3. FINAL PHASE
3.1. final hearing
3.1.1. Conciliation attempt
3.1.2. Other acts to perform at the final hearing
3.1.3. Production of evidence
3.1.4. oral submissions
3.2. Sentence
3.2.1. Sentence structure
3.2.2. Sentence boundaries
3.2.3. Atendibilidade of supervening legal facts
II) INSTRUCTION
III) PROCEDURES FOR REFERENCE TO BE REQUESTED THE OBLIGATIONS OF COMPLIANCE MONETARY AGREEMENT OF EMERGING (DL. No. 269/98, FROM 1 SEPTEMBER.

Recommended Bibliography

1) PEPPER; Paulo
Declarative Civil Procedure, Coimbra 2014;

2) FREITAS, Joseph Hare
The common declaratory action in light of the Code of Civil Procedure, 2013, 3rd Edition, Coimbra 2013;

3) FREITAS, Joseph Hare
Introduction to civil procedure. Concept and general principles in the light of the revised code, 3rd Edition, Coimbra 2013;

4) www.dgsi.pt

Complementary Bibliography

COSTA, Salvador da
The injunction and related action and execution, 6th Edition, Almedina, 2008.
FREITAS, Joseph Hare / MACHADO, Antonio Montalvan / PINTO, Rui
Code of Civil Procedure Annotated, Vol. 2, Coimbra Editora, 2001.
FREITAS, Joseph Hare / Redinha, John / PINTO, Rui
Code of Civil Procedure Annotated, Vol. 1, 2nd edition, Coimbra Editora, 2008.
GERALDES, António Santos Abrantes
Themes of the reform of civil procedure, Vol. I, 2nd Edition, Coimbra 1999, Vol. II, 3rd Edition, Almedina, 2000.
MARQUES, J. P. Remedy
- Declarative Action in the Light of the Revised Code, 3rd Edition, Coimbra 2011.
PEPPER, Paul
Counterclaim, Bulletin of the Faculty of Law, University of Coimbra, Vol. LXX (Reprint), Coimbra 1994.
SOUSA, Miguel Teixeira
The parties, the subject and the race in the declaratory action, Lex, 1995;
Introduction to civil procedure, 2nd Edition, Lex
Studies on the new civil procedure, 2nd Edition, Lisbon 1997.

Weekly Planning

Theoretical classes
1st)
Presentation. General considerations on the course. Teaching and assessment method. Bibliographies and study elements.
2nd)
I) Formalism PROCESS declarative COMMON
1. INITIAL PHASE
1.1. Articulated
1.1.1. Concept and enumeration of pleadings
1.1.2. Articulately
1.1.3. Indication of evidence
1.1.4. Display mode in the judgment of the pleadings
1.2. Inicial petition
1.2.1. Concept and importance of the complaint
1.2.2. External form of the application and entries must contain
3rd)
1.2.3. Arrangements request
1.2.4. Lodging of the application in court
1.2.5. Refusal of the application by the Secretariat
1.3. Distribution and assessment process
1.4. Defendant's quote
1.4.1. Preliminary
1.4.2. Citation and notifications. Terms of distinction
4th)
1.4.3. Citation modalities
1.4.4. Citation effects
1.4.5. Species notifications
1.4.6. Cases where the quote depends on court order
1.5. Contestation
1.5.1. Contestation of species
5th)
1.5.2. Contestation defense
a) Defense for challenge
b) Defence for exception
1.5.3. Defense of structuring principles
a) Concentration of the defense in its defense. Exceptions
b) challenging Burden
6th)
1.5.4. Disputed counterclaims
a) Requirements purposes of admissibility of the counterclaim
b) Procedural requirements for the admissibility of the counterclaim
1.5.5. Organization dispute
a) external shape of the defense
b) exposure of the various matters in its defense
7th)
1.5.6. Term challenge
1.5.7. Statement of defense in judgment and notification to the author
1.6. Default of the defendant
1.6.1. The default operating system
1.6.2. Regime dead absentia
1.7. Articulated supervening
8th)
2. INTERMEDIATE STAGE
2.1. Pre-curative act
2.1.1. Delivery of cases the order pre-exonerating
a) Supply of lack of procedural assumptions reparable
b) Supply of irregularities articulated
c) Improvement of factual articulated
d) Determination of joint documents
9th)
Continued from previous class
10th)
2.2. Preliminary hearing
2.2.1. Objectives of the prior hearing
a) Attempting to reconcile the parties
b) Discussion of dilatory exceptions that the judge should enjoy
c) talk about the possibility of immediate knowledge of the substance of the case
d) Talk tending to the delimitation of the dispute and the supply of deficiencies or inaccuracies that still exist or that are apparent now
e) To give order exonerating
f) determine, after discussion, the formal adaptation, simplification or procedural streamlining
g) To give order to identify the dispute and set out the themes of proof
h) Program acts to perform at the final hearing
2.2.2. Regime of the prior hearing
11th)
Continued from previous class
12th)
3. FINAL PHASE
3.1. Final hearing
3.1.1. Conciliation attempt
3.1.2. Other acts to perform at the final hearing
3.1.3. Production of evidence
3.1.4. Oral submissions
13th)
3.2. Sentence
3.2.1. Sentence structure
3.2.2. Sentence boundaries
3.2.3. Atendibilidade of supervening legal facts
14th)
II) INSTRUCTION
15th)
III) PROCEDURES FOR REFERENCE TO BE REQUESTED THE OBLIGATIONS OF COMPLIANCE MONETARY AGREEMENT OF EMERGING (DL. No. 269/98, FROM 1 SEPTEMBER)
_____________________________________________________________________________________
Practical classes
1st)
Presentation and information on the methodology of the practical classes.
2nd)
Preparation and analysis of initial petitions.
3rd)
Analysis of documents relating to quote (personal and public notice) as well as relating to judicial notifications.
Preparation and analysis of challenges;
Resolution of concrete legal problems relating to the contestation of species (contestation defense and contestation counterclaim).
4th)
Continued from previous class.
5th)
Analysis and resolution of concrete legal problems related to the default of the defendant.
6th)
Continued from previous class.
7th)
Replicas of analysis and resolution of concrete legal problems associated with this reality.
8th)
Continued from previous class.
9th)
Solve concrete juridical problems related to the intermediate stage.
10th)
Continued from previous class.
11th)
Continued from previous class.
12th)
Resolution of concrete legal problems concerning the end of the process;
13th)
Resolution of concrete legal problems related to the education cause
14th)
Solve concrete juridical problems related 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 goal "to identify each of the stages of the common declarative process" is achieved through the cap. I;
The objective "to explain the rules on early stage and solve concrete problems associated with this procedural stage" is achieved through the point 1 cap. Go;
The objective "to infer the rules on prior intermediate stage, through the application of such rules, resolve concrete problems associated with this procedural stage" is achieved through the point 2 cap. I;
The objective "to recognize the rules on the final stage and solve concrete problems associated with this procedural stage" is achieved through the Section 3 of Chapter. I;
The objective "to recognize and infer the rules on the instruction of the cause" is achieved through the cap. II;
The objective "explain and apply the rules of procedures to enforce a contract resulting monetary obligations (DL. No 269/98, 1 September)" is achieved through the cap. III.

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 (such as initial petitions, protests, court orders, etc.) in order to be reached order to get the student to infer each of the procedural stages of the common declaratory relief, as well as the rules of procedures to enforce contract resulting monetary obligations (DL. No 269/98, 1 September).
In addition, it uses the method of resolution of concrete legal issues dealing on issues related to each of the procedural stages of the common declaratory action and the regime of procedures to enforce contract resulting monetary obligations (DL. No 269/98 , 1 September).

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