Civil Procedural Law III

Code:

D405 III

Acronym:

DPCIII

Keywords
Classification	Keyword
OFICIAL	Legal Sciences

Instance: 2022/2023 - 1S (since 12-09-2022 to 16-12-2022)

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	161	Novo Plano Oficial do ano letivo 2016	4	-	6	-

Teaching language

Portuguese

Objectives

Civil Procedure III 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.

Learning outcomes and competences

The syllabus set are consistent with the goals of  the C.U. in that it is intended to provide fundamental knowledge about the subject matter, so students can apply them later in their academic, personal and professional life.

Working method

Presencial

Pre-requirements (prior knowledge) and co-requirements (common knowledge)

There are no pre-conditions, but it is recomended the knowledge of civil procedure law I and II, General Theory of Civil Law, Law of Contracts, Tort Law, Property Law, Family Law, Inheritance Law and Commercial Law.

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, according to the Civil Procedural Rules (Código de Processo Civil) of 2013. 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.

Mandatory literature

José Lebre de Freitas; A Ação Executiva - À Luz do Código de Processo Civil de 2013, 7.ª ed., GestLegal, 2017
Rui Pinto; A Ação Executiva, AAFDL, 2018
João de Castro Mendes; Manual de processo civil. ISBN: 978-972-629-740-6

Complementary Bibliography

Virgínio da Costa Ribeiro/ Sérgio Rebelo; A Ação Executiva Anotada e Comentada, Almedina, 2017
Marco Carvalho Gonçalves; Lições de Processo Civil Executivo, 2.ª ed., Almedina, 2018
Miguel Teixeira de Sousa; A^reforma da acção executiva. ISBN: 972-8634-24-2
Miguel Teixeira de Sousa; Acção executiva singular. ISBN: 972-9495-76-9
Pinto, Rui; Notas ao Código de Processo Civil, Coimbra Editora , 2014
Alexandre de Soveral Martins; Um^curso de direito da insolvência. ISBN: 978-972-40-6431-4

Comments from the literature

When necessary complementary texts will be provided

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

Type of evaluation: final exam.

Option (minimum 15 and maximal 45 students): instead of final exam, two tests and a commentary to a court decision or to an article of civil procedure law. Minimal attendance to theoretical and practical classes.

Terms of frequency: 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.

Formula Evaluation: Are the marks obtained as referred in “Frequency Attaining”.

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
Total:	100,00

Amount of time allocated to each course unit

Designation	Time (hours)
Estudo autónomo	0,00
Frequência das aulas	65,00
Total:	65,00

Eligibility for exams

According to the Law School applicable regulations.

Calculation formula of final grade

According to the Law Faculty Regulations