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Presentation
Presentation
After a first contact by the students with adjective law in the preceding semester, and having built a small but fundamental basis grounded on the knowledge of a few institutes of Civil Procedure, the present semester will be fully dedicated to the study of the stages of the Common Declaratory Procedure, from its inception, i.e., from the formation of the procedural juridical relation, all the way to the judgment, including the articulated pleading phase, followed by the curative acts phase and preliminary hearings, as well as the discovery/judicial inquiry phase, during which substantive and formal law is explored.
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Class from course
Class from course
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Degree | Semesters | ECTS
Degree | Semesters | ECTS
Bachelor | Semestral | 6
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Year | Nature | Language
Year | Nature | Language
3 | Mandatory | Português
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Code
Code
ULHT500-2086
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Prerequisites and corequisites
Prerequisites and corequisites
Not applicable
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Professional Internship
Professional Internship
Não
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Syllabus
Syllabus
Common Declarative Action: the various stages. Articulated pleading: normal, eventual and extraordinary. Burden of Allegation, Burden of Defence. Summons and its consequences. Set of procedural acts in cases pertaining to actions below the required value ceiling (quantum) to access Appeal Courts Curative acts. Preliminary hearing. The curative order. Identifying the Issue of contention and matters to be tried. The Discovery. Evidence: probatory law, substantive and formal. The various means and kinds of evidence. Free assessment of evidence, legal evidence and its probative value. Burden of proof. Audiência final. Trial Judgement. Matters to be solved. Limits of judgment (ultra and extra petita prohibition).
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Objectives
Objectives
To provide students basic notions regarding the ordinary declaratory procedure, by characterizing each procedural phase, never losing sight of the several acts that can be practiced by the parties throughout the procedure. With this background in place, we will seek to deepen the knowledge of the fundamental principles of civil law as an essentially dialectical and polemical structure while attempting to show how these are applied in practice. We will strive to equip students with specialized technical knowledge linked to the procedural conduct of the various actors (magistrates, parties, experts, witnesses) in judicial proceedings. This course is especially interesting for those who wish to pursue a litigation-related career as a judge or lawyer or even as solicitors or enforcement agents.
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Teaching methodologies and assessment
Teaching methodologies and assessment
N/A
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References
References
Francisco Manuel Lucas Ferreira de Almeida. (2019). Direito Processual Civil . Volume II. 2ª Edição, Almedina. Códigos de Processo Civil e de Direito Civil atualizados (e que incluam legislação complementar)
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Office Hours
Office Hours
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Mobility
Mobility
No
