Civil Procedural Law II

Code:

D503

Acronym:

DPC2

Keywords
Classification	Keyword
OFICIAL	Legal Sciences

Instance: 2006/2007 - 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
D	114	Official Study Plan - LD	5	-	7	-

Objectives

Civil Procedure II aims to provide both a theoretical and practical perspective of the law on the enforcement of civil judgements and other enforceable titles in the Portuguese courts.

Program

The explanation deals with the main features of the methods to enforce obligations to pay a sum of money, obligations to hand over property and obligations to perform a certain action or refrain from a certain course of conduct. After an overview of the formal requirements for enforcement, following matters are highlighted as component of the process: service of the enforceable title on the defendant, provisional enforcement of judgements, assets immune from seizure, seizure of movable property, garnishment and seizure of immovable property, mechanisms available to counteract evasive action on the part of the debtor, legal effects of seizure of the debtor’s assets in relation to priorities, ranking of the rights of other creditors, claims of third parties in relation to any assets seized, procedures for distribution of the debtor’s assets.

Main Bibliography

- FREITAS, JOSÉ LEBRE DE: A acção executiva depois da reforma, 4.ª edição, Coimbra: Coimbra Editora, 2004

- FREITAS, JOSÉ LEBRE DE /MENDES, ARMINDO RIBEIRO: Código de Processo Civil Anotado, vol. 3.º (artigos 676.º a 943.º), Coimbra: Coimbra Editora, 2003

-PINTO, RUI: A acção executiva depois da reforma, Lisboa: JVS, 2004


-SOUSA, MIGUEL TEIXEIRA DE: A reforma da acção executiva, Lisboa; Lex, 2004

Teaching methods and learning activities

Theoretical classes: Exposition of the contents of the discipline , use of case-studies
Practical classes: The students have to solve practical exercises

Evaluation Type

Evaluation with final exam

Eligibility for exams

The marks the student must get have to be equal or higher than 10, in a scale of [0,20] in one of the following hypotheses:
a)Written final examination;
b)Oral final examination (if the student obtained in a) a mark between 7 and 9.

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 a written or an oral examination