Civil Procedural Law II

Code:

D307 II

Acronym:

DPC II

Keywords
Classification	Keyword
OFICIAL	Legal Sciences

Instance: 2014/2015 - 2S (since 16-02-2015 to 22-05-2015)

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	200	Oficial Study Plan LD	3	-	6	-

Teaching language

Portuguese

Objectives

General Introduction to Civil Procedure Law following the general principles and rules of declarative judgement.

Provide Students appropriated knowledge and skills to act professionaly in accordance with the above mentioned goals  

Learning outcomes and competences

To accomplish the above mentioned goals.

Working method

Presencial

Program

I. Jurisdiction: internal and personal.

II. Proceedings of declarative judgment in 1. instance. Section I - Introductory notions. 1. Main phases of declaratoy judgment. 2. Forms of action. Injuction. European proceeding for small claims. Section II - Pleadings. 1. Plaintiff`s claim. Service of action. 2. Responding to claim. 3. Response to particulars of claim. 4. Conterclaim. Notion. Admissibility. Set off. 5. Judgment in default. 6. Complementary claims. Section III - Order in which issues are to be tried. Case management. 1. The preliminary hearing. 2. "Despacho saneador" (preliminary decision). 3. Procedural faults. Section IV - Evidence. 1. Relevance and admissibility of evidence. 2. Burden of proof. Section V - Final hearing. Trial. Section VI - Sentencing. Standard requirements for judgments and orders. "Res judicata" efect.

 

 

Mandatory literature

Freitas, José Lebre de; A Ação Declarativa Comum - À luz do Código de Processo Civil de2013, Coimbra Editora, 2013. ISBN: 978-972-32-2195-4
Freitas, José Lebre de; Introdução ao Processo Civil. Conceito e Princípios Gerais à Luz do Novo Código, Coimbra Editora, 2013

Complementary Bibliography

Pinto, Rui; Notas ao Código de Processo Civil, Coimbra Editora, 2014

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.

keywords

Social sciences > Juridical sciences > Private law > Civil law
Social sciences > Juridical sciences > Judicial law

Evaluation Type

Evaluation with final exam

Assessment Components

Designation	Weight (%)
Exame	100,00
Participação presencial	0,00
Total:	100,00

Amount of time allocated to each course unit

Designation	Time (hours)
Estudo autónomo	0,00
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.

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.