Course Description
Introduction, Procedural and Processual Law. Jurisdiction and jurisdictional function. General frame of the action in civil jurisdiction. Civil Procedural Law.
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 Procedural Law. Concept. Features. Importance. Interpretation and integration. Application in time. Application in space.
IV. Sources of the Portuguese Civil Procedure Law and close Disciplines. Historical evolution.
V. Theory of the Procedural Relation. The instance as a procedural relation. The structure of procedural relation.
1. The subjects.
1.1 The parties. Procedural requisites concerning the parties. Judiciary personality. Judiciary capacity. Legitimization. Compulsive representation by an attorney at law. Special mention of Macau. The procedural interest.
1.2. The court. The judicial organization. Jurisdiction.
2. The object. The claim and the c
Intended Learning Outcomes
CILO-1: This course aims to let students to get familiar with 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. Students will namely know when has a party fulfilled the requisites to be considered as such and in which cases shall he/she be compulsorily represented by an attorney of law. Students will also learn about the 'procedural interest'. On another hand, they will get familiar with the judicial organization in Macau SAR and the competence of each court. Among other relevant topics, students will also know the difference between a common a and a special process, which will be of a huge relevance when they will start to work. It aims particularly to let students know how to bring a case to the court and which steps will be undertaken during the procedure. For instance, such phases do include the articulated pleading, the defensive-answer and the counterclaim-answer, the replication, the rejoinder, the supervening articulated pleading, the healing and abridgement and the curative decision. Apart from that, students shall know about facts specification and questionnaire, instruction, evidences in general and probative law, as well as the important issue of the burden of proof. Finally, the trial and final hearing, as well as the final decision are to be very well understood by them. Apart from common procedure, students will also be able to understand the formalities of the summary declaratory procedure and the special procedure of small claims.