Course Description
I.Introduction. Procedure and Procedural Law. Jurisdiction and jurisdictional function. General frame of the action in civil jurisdiction.
II. The action. The right to a legal action. Legal classification of the actions: according to their goal, according to their form. Interlocutory injunctions.
III. Civil Procedure Law. Concept. Features. Importance. Interpretation and integration of its norms. Application in time. Application in space.
IV. Sources of the Portuguese Civil Procedure Law and close Disciplines. Historical evolution. Special mention of Macao.
V. Theory of the Procedural Relationship. The instance as a procedural relationship. The structure of procedural relationship. The parties. Procedural requisites concerning the parties. Judiciary personality. Judiciary capacity. Legitimization. Compulsive representation by an attorney at law. The procedural interest. The court. The judicial organization. Jurisdiction and competence. The object of the procedural relation. The claim and the cause of action.
VI. The process forms. Common process and special processes. Ordinary and summary common process. Special process of small claims.
Intended Learning Outcomes
CILO-1: Students will be able to identify the general frame of the action in civil jurisdiction, taking into consideration the legal classification of the actions and particularly the theory of the Procedural Relationship. (Legal Practice)
CILO-2: Students will be able to analyse and apply procedural rules and mechanisms in civil litigation. (Legal Practice)
CILO-3: Students will be able to interpreting and establish the procedural interest. (Legal Practice)