Course Description
Title I. General theory of executive action.
1. Concept and objectives.
2. Rate cool.
Title II. Inadmissibility of executive action.
1. Specific assumptions.
1.1. Assumption formal and substantive requirements.
1.2. The enforceable legal nature and historical evolution.
1.3. Rating enforceable.
1.4. Consequences of lack of enforcement or its unenforceability.
1.5. Sure, liquidity and enforceability of the obligation. 2nd. General inadmissibility of executive action.
2.1. The jurisdiction of the court.
2.2. The formal legitimacy.
2.3. The mandatory legal representation.
Title III. Forms of executive process. One. Common process and special processes. 2nd. Legal Regime of different species and forms of execution.
Title IV. Process executive for payment of a certain amount and its phases.
Chapter I. Ordinary form.
1. Articulated.
1.1. Initial application.
1.2. Order injunction.
1.3. Quote of the run.
1.4. The attached opposition's run.
2. The attachment.
2.1. Definition and purpose.
2.2. Opposition to attachment.
3. Contest creditors.
3.1. Complaint and checking credits.
3.2. Processing.
4. Payment and its modalities.
5. Right of redemption.
6. Term of the executive process.
7. Renewal of execution extinct.
Chapter II. Summary form of the implementation process for the payment of a certain amount.
Title V. Implementation process to deliver right thing.
1. Forms common and ordinary common summary.
2. Conduct.
Title VI. Implementation process to provide that.
1. The fact that positive and negative.
2. Forms common and ordinary common summary.
FOR BACHELOR OF LAW IN PORTUGUESE LANGUAGE PROGRAMME
I.General Theory of the enforcement action. Concept and goals. The legal classification.
II. Procedural requisites of the enforcement action.
1. Specific requisites. Formal and substantial requisites. The writ of enforcement. Legal nature. Historical evolution. Classification of the writ of enforcement. Consequences of the lack of writ of enforcement or of its non-enforcementness.
Certainty and exigibility of the debt: The liquidated debt. General requisites of the enforcement action. International and internal jurisdiction. Formal legitimization. Compulsive representation by an attorney.
III. Forms of the executive proceedings. Legal regime of the different species and forms of executive proceedings.
IV. The phases of the enforcement process. Ordinary enforcement process for the payment of a right amount. Phases: The Articulates. Initially pleading. 'In limine'' decision. Service of summons.
Opposition. Attachment: definition, object, cases of withdrawing from execution and forced sale.
Opposition to the attachment. Finding. Concurrence of creditor claims. Reclamation and verification of claims. Proceeding. Payment. Forms of payment. Termination of the enforcement procedure. Voidance and renovation of the enforcement procedure. Summary enforcement procedure for the payment of a certain amount of money. Common enforcement procedure for delivery of a determinate thing. Ordinary and summary proceedings. Common enforcement process for rendering a certain fact positive or negative. Ordinary and summary procedures.
Intended Learning Outcomes
CILO-1: Students will be able to identify the enforcement action, namely with its requisites, the forms of the executive proceedings.
CILO-2: Students will be able to classify the legal regime of the different species and forms of executive proceedings.
CILO-3: Students will be able to define and summarize in details the enforcement process until the termination of the enforcement procedure, including both ordinary and summary procedures.