Civil Procedural Law I

Code:

D302 I

Acronym:

DPC I

Keywords
Classification	Keyword
OFICIAL	Legal Sciences

Instance: 2012/2013 - 1S

Active?	Yes
Course/CS Responsible:	Law

Cycles of Study/Courses

Acronym	No. of Students	Study Plan	Curricular Years	Credits UCN	Credits ECTS	Contact hours	Total Time
LDB	208	Oficial Study Plan LD	3	-	6	-

Teaching language

Portuguese

Objectives

General Introduction to Civil Procedure Law and rules of declarative judgement

Program

Introduction
1. Definition of the Civil Procedural Law.
2. The secondary and substitutional nature of civil jurisdictional tutelage.
3. Types of judicial action according to the type of jurisdictional protection required
4. Arbitration and non-judicial mechanisms for resolving litigation. Types of arbitration and the value of the decisions provided by the arbiters.
5. Civil Procedure Legislation and its founding principles.
6. Interpretation and integration of Procedural Law.
7. Application of Procedural Law in terms of time. Criteria for resolving inter-temporal conflicts concerning the norms of Adjective Law. Special provisions for the timing of applications of alterations introduced by the 1995/96 Reform.
8. The meaning and scope of procedural formalism. Forms of procedures and their corresponding fields of application.

UNIT I
PROCEDURAL PressuposITIONS
9. The notion and system for procedural presuppositions (admissibility of procedures). Conditions for action (admissibility of the plea). Possibility of the court pronouncing on a plea, when the presupposition is destined to protect the party who receives a favourable decision.
10. The judiciary. Definition of parties in procedural terms. Incidents subject to the intervention of a third party.
11. Legal competence. Irregular representation. Lack of authorisation or deliberation.
12. Legitimacy of the parties.
13. Procedural interests.
14. Legal support. The right to a lawyer. The legal aid system.
15. The power of the court. Notions. The organisation of the law courts. Conflicts in jurisdiction and conflicts of power. Factors relating to the attribution of powers.

UNIT II
TRANSMISSION OF THE DECLARATIVE JUDGEMENT IN THE 1ST. INSTANCE
Section I - Introductory notions
Section II - Articulated pleading
Section III - The preliminary hearing and documentary evidence
Section IV - Instruction
Section V - The final hearing
Section VI - Sentencing
Section VII - Transmission of affirmative action for a right in its summary forms.

Mandatory literature

Freitas José Lebre de; A^acção declarativa comum. ISBN: 972-32-0942-X
Varela Antunes; Manual de processo civil
Freitas José Lebre de; Introdução ao processo civil. ISBN: 972-32-0746-X
Sousa Miguel Teixeira de; Estudos sobre o novo processo civil. ISBN: 972-9495-55-6
Sousa Miguel Teixeira de; Introdução ao processo civil. ISBN: 972-8634-02-1

Teaching methods and learning activities

The material taught in the theorical classes (lasting approximately 75 hours) is designed to provide a basic understanding of the Civil Procedural Law, with particular emphasis on the structuring principles of the rule of law, the basis of the organisation of the judiciary and the theory of these procedural presuppositions, followed by a systematic study of the conveying of declaratory procedures in their various typical forms, and of the most relevant institutions in each of the phases analysed.
In the practical classes (of around 50 hours), in addition to providing clarification and detailed analysis of the specific issues arising from the study of the themes described above, practical cases are resolved, the most relevant jurisprudence is discussed and extracts from procedures are considered with the aim of documenting the practical application of the materials presented in the theory class and stimulating critical reflection on the part of the students.

Evaluation Type

Evaluation with final exam

Assessment Components

Description	Type	Time (hours)	Weight (%)	End date
Attendance (estimated)	Participação presencial	65,00
	Total:	-	0,00

Eligibility for exams

The marks the student must get have to be equal or higher than 10, in a scale of [0,20] in accordance with evaluation regulations in use at the Faculty.

Calculation formula of final grade

Are the marks obtained in the examinations referred in “Frequency Attaining”.

Examinations or Special Assignments

None.

Special assessment (TE, DA, ...)

General Law and rules enforced in FDUP.

Classification improvement

Is obtained by doing an oral examination.