Civil Procedural Law - Execution Proceedings
The Course has as its learning outcomes the mastery of the essential concepts of Enforcement Procedural Law. The knowledge is extremely important for the complete perception of the legal system of protection of rights in Private Law, as it allows to understand which instruments are available to the right holders to see their damages reimbursed or their obligations fulfilled. These concepts are of a high technical level and impose solid knowledge of Substantive Law (in particular Law of Obligations and Property Law) and of Civil Procedural Law (in particular declaratory civil procedure). At the end of the semester, students should be able to describe and articulate basic concepts of the enforcement process (executive title, opposition to execution, seizure/foreclose, claim for credits, among others), as well as understand the various stages of the enforcement proceeedings.
João Pedro Pinto-Ferreira
Weekly - 4.5
Total - Available soon
¿ José Lebre de Freitas, A Ação Executiva ¿ À Luz do Código de Processo Civil de 2013, 6.a ed., Coimbra: Gestlegal, 2017
- Marco Carvalho Gonçalves, Lições de Processo Civil Executivo, Coimbra, Almedina, 2ª ed., Coimbra: Almedina, 2018
¿ Paulo Ramos de Faria, e Ana Luísa Loureiro, Primeiras Notas ao Novo Código de Processo Civil, Vol. II, Coimbra: Almedina, 2014
¿ Rui Pinto, Manual da Execução e Despejo, Coimbra: Coimbra Editora, 2013
- João Pedro Pinto-Ferreira e Mariana França Gouveia, A Oposição à Execução baseada em Requerimento de Injunção ¿ Comentário ao Acórdão do Tribunal Constitucional nº 388/2013, in Themis, ano XIII, n.ºs 24/25, 2013, pp. 315-348
- Mariana França Gouveia, Penhora de imóveis e registo predial na reforma da acção executiva, in Cadernos de Direito Privado, n.º 4, out/dez 2003, pp. 26-35
Classes are theoretical-practical, always in dialogue with students. Recent and influential case law on the various topics of the program are also discussed.
The evaluation is, as a rule, by final exam, although it is voluntarily admitted that students can take an intermediate test that contributes to the final grade.
The program goes through all the basic concepts of Enforcement Civil Procedural Law, starting with the lgal requirements to initiate an enforcement proceedings and then following the eachphase of the procedure until payment to creidtors. The learning path is linear and, in addition to the legal knowledge that the student already brings from the other years of the degree, allows him/her to understand how the legal rights of Private Law are judicially protected.
Programs where the course is taught: