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Academic Year/course: 2017/18

421 - Degree in Law

27718 - Procedural Law I


Syllabus Information

Academic Year:
2017/18
Subject:
27718 - Procedural Law I
Faculty / School:
102 - Facultad de Derecho
Degree:
421 - Degree in Law
ECTS:
9.0
Year:
3
Semester:
First semester
Subject Type:
Compulsory
Module:
---

5.3. Syllabus

CIVIL PROCEEDINGS SYLLABUS

Lesson 1. The jurisdiction. Principles of the jurisdiction.

Lesson 2. The action.                             

Lesson 3. The proceeding: its guarantees, principles and forms.

Lesson 4. Organization of the jurisdiction. The governing of the Judiciary.

Lesson 5. Court procedures and its requirements. Types of court procedures.

Lesson 6. The jurisdiction as a requirement of the proceeding. The competence: objective competence and functional competence. The territorial competence.

Lesson 7. Parties in civil proceedings. Capacity to be a party. Appearance in court and representation. Capacity to sue. Procedural representation and technical defence.

Lesson 8. Multiplicity of parties. Optional and necessary joint litigation. Intervention.

Lesson 9. Costs and expenses. Legal aid system.

Lesson 10. The object of declaratory proceedings. Joinder of actions and joinder of proceedings.

Lesson 11. Civil proceedings: ordinary proceeding and oral trial.

Lesson 12. Declaratory proceedings: preliminary proceedings, claims.

Lesson 13. Evidence in civil process. Purpose of evidence. Burden of proof. The different ways of taking evidence and its assessment.

Lesson 14. The conclusion of the proceeding. The judgement. Ending of the proceeding without judgement or with non-adversarial judgement. Crisis of the proceeding.

Lesson 15. The remedies. The appeals.

Lesson 16. The effects of the judgement. Res iudicata effect. The review of a final judgement.

Lesson 17. The particular enforcement and its requirements. Enforcement titles. Parties in the enforcement.

Lesson 18. Proceeding of monetary enforcement. Dispatch of enforcement. Opposition to enforcement.

Lesson 19. Monetary enforcement. The attachment of the assets. Realisation of pledged assets.

Lesson 20. Non-monetary enforcement.

Lesson 21. The provisional enforcement.

Lesson 22. Injunctions: requirements and proceeding.

Lesson 23. Special proceedings. Proceedings regarding kinship, capacity, marriage and minors. Judicial division of estates. On the order for payment and negotiable instruments procedures.

Lesson 24. Alternative dispute resolution. Arbitration, mediation and other means to solve disputes.

Lesson 25. Voluntary jurisdiction procedures