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Theory of Civil Procedural Law 2017/2018

Objectives

The student must be able to:
- Identify the object, nature and characteristics of Civil Procedure;

- Recognize and distinguish the fundamental principal of Civil Procedure;

- Infer the types of shares (as the object, the form and of the interests at issue) and by applying the relevant legal standards, solve concrete problems associated with this procedural reality;
Recognize the procedural assumptions (for the parties, the courts and on the object) and by applying the relevant legal standards, solve concrete problems associated with this procedural reality;

Recommended Prerequisites

Curricular Units of Civil Law area (Introduction to Law, General Theory of Civil Law, General Theory of Civil Law II, Law of Obligations I and Property Law).

Teaching Metodology

The lecture is not exempt, 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 legal reality.

Body of Work

A) INTRODUCTION
1. NOTICE OF CIVIL PROCEDURAL LAW
2. STRUCTURING PRINCIPLES OF CIVIL PROCEDURAL LAW
B) CLASSIFICATION OF THE SHARES
1. CLASSIFICATION OF THE SHARES AS TO THE OBJECT
2. CLASSIFICATION OF SHARES AS REGARDS THE FORM
3. CLASSIFICATION OF THE SHARES REGARDING DISCUSSION INTERESTS
C) PROCEDURAL ASSUMPTIONS
1. FRAMEWORK
2. ASSUMPTIONS RELATING TO THE PARTIES
3. ASSUMPTIONS RELATING TO THE COURT
4. ASSUMPTIONS CONCERNING THE OBJECT OF THE CAUSE
5. LACK OF PROCEDURAL ASSUMPTIONS
6. EVENTUAL DECLARATION OF THE FAILURE TO HEAL PROCESS ASSUMPTIONS

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
Presentation. General considerations on the course. teaching and evaluation method. bibliographies and study elements.
2nd LESSON
The introduction
1. civil procedural law Notion
2. structuring principles of civil procedural law
3rd LESSON
B) Classification of actions
1. Classification of actions on the subject
1.1. declaratory action and enforcement action
1.2. declaratory judgment of conviction
4th LESSON
1.3. Declaratory action to simple enjoyment
1.4. constitutive declaratory action
1.5. executive action for a certain amount of payment
1.6. Executive Action right thing delivery
1.7. executive action to provide that
5th LESSON
1.8. enforcement orders
1.8.1. Enforcement Notion
1.8.2. Species executive titles
6th LESSON
2. Classification of the measures as to
2.1. common process and special processes
2.2. common assessment procedure
2.3. Process common executive
3. classification of actions of the interests at issue
3.1. litigious jurisdiction processes and non-contentious proceedings
3.2. Characteristics of non-contentious proceedings
7th LESSON
C) Procedural Assumptions
1. background
2. Assumptions on the parts
2.1. legal personality
2.2. judicial capacity
8th LECTURE
2.3. Legitimacy
2.3.1. legitimacy singular
2.3.2. Plurality of parts
9th LESSON
2.5. Interest in bringing proceedings
2.4. mandatory legal representation
10th LESSON
3. Assumptions on the court
3.1. Framework
3.2. international jurisdiction
11th LESSON
3.3. internal competence
3.3.1. internal competence in the matter
3.3.2. internal competence because of the hierarchy
12th LESSON
3.3.3. internal competence because the value
3.3.4. internal competence by reason of territory
13th LESSON
4. Assumptions relating to the object of the cause
4.1. Fitness initial petition
4.2. No verification of lis pendens and res judicata
14th LESSON
5. Lack of inadmissibility
5.1. Lack of assumptions regarding the parts and its possible supply
5.2. Lack of assumptions concerning the court
15th LESSON
5.3. Lack of assumptions concerning the subject of the case and its possible supply
6. Possible disregard the lack of healing of inadmissibility

PRACTICAL CLASSES
1st CLASS
Presentation. General considerations on the activity to develop the practical lessons of the course.
2nd LESSON
Resolution of practical cases relating to the structuring principles of civil procedure
3rd LESSON
Resolution of practical cases relating to the classification of actions.
4th LESSON
Continued from previous class.
5th LESSON
Continuation of previous classes.
6th LESSON
Resolution of practical cases relating to procedural assumptions relating to the parties.
7th LESSON
Continued from previous class.
8th LECTURE
Continuation of previous classes.
9th LESSON
Resolution of practical cases relating to procedural assumptions concerning the court.
10th LESSON
Continued from previous class.
11th LESSON
Continuation of previous classes.
12th LESSON
Resolution of practical cases relating to procedural assumptions concerning the subject of the question.
13th LESSON
Resolution of practical cases relating to lack of inadmissibility.
14th LESSON
Continued from previous class.

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

1st CLASS
Presentation. General considerations on the course. teaching and evaluation method. bibliographies and study elements.
2nd LESSON
The introduction
1. civil procedural law Notion
2. structuring principles of civil procedural law
3rd LESSON
B) Classification of actions
1. Classification of actions on the subject
1.1. declaratory action and enforcement action
1.2. declaratory judgment of conviction
4th LESSON
1.3. Declaratory action to simple enjoyment
1.4. constitutive declaratory action
1.5. executive action for a certain amount of payment
1.6. Executive Action right thing delivery
1.7. executive action to provide that
5th LESSON
1.8. enforcement orders
1.8.1. Enforcement Notion
1.8.2. Species executive titles
6th LESSON
2. Classification of the measures as to
2.1. common process and special processes
2.2. common assessment procedure
2.3. Process common executive
3. classification of actions of the interests at issue
3.1. litigious jurisdiction proce

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

- The expository method is used to achieve all the objectives of the course.

- The debate of ideas and the reasoned opinion of expression, as well as the analysis and critique of law, judgments and other documents are used in order to the following objectives are achieved: be able to identify the object, nature and characteristics of the Civil Procedure Law ; recognize and distinguish the fundamental principal of Civil Procedure; infer the types of shares and recognize procedural assumptions.

- The method of resolution of specific legal problems aims at achieving the following objectives of the course: Legal problem solving associated with species of action and procedural presuppositions.

relevant generic skillimproved?assessed?
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