Course Description
Enforcement action.
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. Consequences of the lack of writ of enforcement or of its non-enforcementness. Certainty and exigibility of the debt: The liquidated debt.
2. 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 execution.
IV. The phases of the enforcement process.
1. 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. Op
Intended Learning Outcomes
CILO-1: This course intends to let students to get familiar with the enforcement action, namely with its requisites, the forms of the executive proceedings, the legal regime of the different species and forms of executive proceedings. The phases of the enforcement process are studied in detail until the termination of the enforcement procedure, including both ordinary and summary procedures.