Civil Procedure Law

Introduction to the Study of Law, General Theory of Civil Law.

The teaching methodologies for this course combine theoretical and practical approaches, based on student-centered pedagogical strategies, with a focus on developing cognitive, analytical, and applied skills. The following methodologies will be used: 1. Expository, to present theoretical frameworks in the areas highlighted in the syllabus; 2. Participatory, with case analysis and resolution, using computer applications (Mentimeter, Limesurvey); 3. Self-study, involving students’ independent work in preparing the course’s topics. The pedagogical approach combines in-person (theoretical-practical) instruction and interactive strategies to ensure the acquisition and application of the proposed knowledge. These methods are divided into three main dimensions: In-Person Teaching (Theoretical-Practical): Presentation and discussion of the syllabus; Practical work, such as case studies, is carried out to foster the practical and collaborative application of knowledge; Interactive digital resources are used to enhance understanding of the topics covered; Collaborative learning is promoted through group work, discussions, and classroom presentations. Tutorial Guidance: Individual and small group support to clarify doubts; Guidance on managing independent study and preparing assessment activities; Continuous feedback to identify difficulties and guide the learning process, ensuring that the proposed objectives are achieved. Autonomous Learning: Guided study based on recommended bibliography and analysis of supplementary resources/materials (specialized digital resources); Practical case resolution through the application of legal provisions; Integration of collaborative learning, promoting teamwork.

This course aims to provide students with a command of the fundamental concepts of declaratory civil procedural law, with a particular emphasis on the structuring principles of the process, the foundations of judicial organization, procedural assumptions, and procedural dynamics. By the end of the course, students should meet the following learning objectives (LOs):

LO1: Understand the purpose, nature, structuring principles, types of actions, and precautionary measures in civil proceedings.

LO2: Understand and distinguish between the types of proceedings and the specificities of special proceedings.

LO3: Analyze and apply procedural assumptions in drafting pleadings.

LO4: Define access to the courts, in the form of legal aid.

LO5: Understand the procedures of the declaratory civil proceeding.

LO6: Apply the acquired knowledge to drafting pleadings.

I – General notions
1. Notion of civil procedural law
2. Structuring principles
3. Types of actions
4. Precautionary procedures

II – Forms of the process
1. Common process and special processes
2. Voluntary Jurisdiction Processes
3. Common process: declaratory process and enforcement process
4. Forms of common process

III – Procedural assumptions
1. Judicial personality
2. Judicial capacity
3. Legitimacy of the parties
4. Procedural interest
5. Judicial sponsorship
6. Jurisdiction of the courts

IV – Access to law and courts
1. Objectives and recipients
2. Modalities

V – Formalism of the declarative process
1. Process phases
2. Articulated
3. Initial petition and subsequent acts
4. Contestation
5. Replica
6. Supervening pleadings
7. Sanitation and condensation
8. Prior hearing
9. Sanitation dispatch
10. Instruction
11. Evidence
12. Types of evidence
13. Final Hearing: Discussion and Judgment
14. Decision on the matter of fact.
15. Discussion of the legal aspect of the case
16. Sentence
17. Effects of the sentence
18. Resources
19. Judged case

NAO