Civil Procedure Law II

Presentation

Enable students with technical expertise on forensic practices co-related to the procedural conduct of the various procedural actors (magistrates, parties, agents, secretaries, witnesses, experts and witnesses) in each concrete action brought to court. All in observance of a rictus or itinerary (formalism) strictly regulated by law, without forgetting the principle of the prevalence of material truth over formal truth. This topic is of particular interest to anyone who proposes to pursue a juridical-forensic career (magistrature, law firm, registrar services) or even circum-forensic, such as solicitor in general or enforcement agents in particular.

Part of this Programme

Law

Level of Qualification|Semesters|ECTS

| Semestral | 6

Year | Type of course unit | Language

3 |Mandatory |Português

Code

ULHT500-2086

Recommended complementary curricular units

Information not available

Prerequisites and co-requisites

n/a

Professional Internship

Não

Syllabus

The Joint Declaratory Action. Stages and procedure. Its interconnection. The articulations: normal, occasional and extraordinary. Burden of claim, assertion or deduction. Citation and its effects. Terms subsequent to pleadings in shares of value not exceeding half of Relation's jurisdiction. The instruction of the process. The evidence: material evidentiary law and formal evidentiary law. The various means and types of free evidence and legal evidence and their probative value. The burden of proof. Initial process management. Previous hearing. Sanitation office. Identification of the subject of the litigation and enunciation of the topics of evidence. The final audience. The sentence.Questions to solve. Limits of conviction. Effects and vices of the sentence.

Objectives

Provide students with the basic general notions about the course of action of the common declarative action as well as the phases and acts in which it unfolds and develops. And, in these perspectives and frameworks, to study the practical realization of the fundamental principles of the civil process as essentially dialectical and controversial structure, namely with regard to the activation of the device principles (onus of affirmation or allegation) and contradictory (defense of the defendant and burden contestation and objection) and the procedural consequences of its possible non-compliance. It is also intended to study the various types and means of evidence to produce in court and the respective probative value, in order to enable the court to well know the material reality and power, thus, the final obtain a fair judgment on the merits the request.

Teaching methodologies and assessment

Personal work (study, research / research, etc.) Semester evaluation: at least two evaluation tests (2h + 2h). Continuous assessment system with oral colloquial interventions.

References

ALBERTO DOS REIS, CPC Anotado, volumes I a VI e Comentário ao CPC, volumes 1.º a 3.º; VAZ SERRA, ProvasDireito
Probatório Material; MANUEL DE ANDRADE, Noções Elementares de Processo Civil; PIRES DE LIMA/ANTUNES VARELA, CC Anotado, vol. I, 4.ª ed.; M. TEIXEIRA DE SOUSA, Estudos, 2.ª ed.; J. RODRIGUES
BASTOS, Notas ao CPC, volumes I a IV ; ANTUNES VARELA/J. M. BEZERRA/SAMPAIO E NORA, Manual, 2.ª ed.
Reimp., LEBRE DE FREITAS, Introdução, 3.ª ed. e A Ação Declarativa Comum, 3.ª ed.; PAULO PIMENTA, Processo Civil Declarativo; F. FERREIRA DE ALMEIDA, Direito Processual Civil, vols. I e II.

Office Hours

Comments

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