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Presentation
Presentation
It is by means of this UC that the students will first become acquainted with adjective law, and therefore it is of the utmost importance to present them with some basic, structural knowledge of a General Theory of Procedure that may serve as an introduction to procedural law. This method is exceedingly relevant when associated with the Right to Access to Justice and the Right to an Effective Remedy. Once this minimal basis is established, the focus will shift to the transmission of technical knowledge, by means of practical and theory classes on Civil Procedure, namely regarding its structural principles, types of proceeding and forms of procedure, as well as the system of alternative dispute resolution, including that which can be found in disperse statutory law. Finally, we will address precautionary proceedings and injuctions.
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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
ULHT500-1881
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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
A. Fundamental concepts of a General Theory of Procedure (v. g. claim; conflict of interests; prohibition of self-defense; jurisdictional power, right to legal action, procedural rights, right to a reasoned decision). Nature of Procedural Law. Access to Justice and Right to Effective Remedy.
B. Fundamental Principles regarding the start and moving forward of the procedure, the production of evidence, the conduct of parties in court.
C. Typology of actions and forms of procedure. Alternative dispute resolution.
D. Procedural requirements regarding the parties, the court and the subject of the litigation.
E. Precautionary proceedings and injuctions. Common precautionary proceeding - Special precautionary proceedings in the CPC: overview.
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Objectives
Objectives
We will seek to equip students with general and basic notions retrieved from the General Theory of Procedure so that they may affect the adequate connections between this course and substantive law, therefore helping them acquire a systematic understanding of the legal order. A constitutional framing will allow them to understand Civil Procedure not only as necessary tool for the legal praxis, but as a valid, scientifically autonomous area of juridical knowledge, perfectly taylored for the realization of substantive law. Throughout the semester, we will analyze several institutes, seeking the participation of students. Both students¿ oral skills and their ability for critical thinking regarding the issues at hand will be stimulated, thereby offering students a panoramic view of the values that underlie the current Code of Civil Procedure. Classes will also focus on those unavoidable legal institutes that remain central to any future forensic practice by legal professionals.
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Teaching methodologies and assessment
Teaching methodologies and assessment
The students' orality will be exploited, especially when solving practical cases in class inspired by real situations.
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References
References
Ferreira de Almeida, Francisco Manuel Lucas. (2019). Direito Processual Civil. Volume I. 3ª 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
