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Presentation
Presentation
The curricular unit should allow students to know the means of reaction to the breach of obligations, the types and purposes of executive actions, the executive titles, the forms of executive proceedings and their processing, dominate the filling of executive and injunction requirements, know all the means of reaction to the execution and attachment, as well as the forms of extrajudicial resolution of disputes, having to know the role of each of the subjects involved in the executive process and their way of intervention and eventually their calling to the process.
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Class from course
Class from course
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Degree | Semesters | ECTS
Degree | Semesters | ECTS
Bachelor | Semestral | 6
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Year | Nature | Language
Year | Nature | Language
4 | Mandatory | Português
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Code
Code
ULP288-13714
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Prerequisites and corequisites
Prerequisites and corequisites
Not applicable
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Professional Internship
Professional Internship
Não
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Syllabus
Syllabus
Contents Description: I The executive process Executive guardianship and the de-judicalization paradigm Fundamental principles in civil procedure Forms of the executive process Enforcement agent and enforcement judge The purposes of execution and their titles II Execution for payment of an ordinary and summary certain amount Initial application and preliminary order Prior summons of the debtor and his dismissal Embargoes of the executed Attachment and attachment regimes Opposition to attachment Call and competition of creditors Termination of execution III Other enforcement processes Eviction action and PED Injunction Regime PEPEX
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Objectives
Objectives
Students at the end of the semester should be able to: - Identify the need for dejudicialization imposed by the change in the procedural law in 2013 - Know in depth the forms of the executive process - Identify the relevance of the fundamental principles of civil law in the executive seat -Mastering the general and specific assumptions of execution -Knowing the role of the enforcement judge, execution agent, both in the ordinary process and in the summary - Know the existing types of execution - Mastering and knowing the characteristics and admissibility of the different executive titles provided for by law -Know the process of the entire executive process from its proposal to its closure -Know the ways of calling the executed to the process -Identify attachment regimes - Know all the means of reaction to execution and attachment -Identify and distinguish the special eviction procedure from the eviction action -Know the injunction regime -Know the PEPEX regime
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Teaching methodologies and assessment
Teaching methodologies and assessment
Use of practical activities: consultation of the Citius portal in a class context and filling out an executive request and an injunction request.
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References
References
GONÇALVES, Marco Carvalho, Lições de Processo Civil Executivo,5.ª Edição, Braga, Almedina, 2022, ISBN:978 989 400 739 5
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Office Hours
Office Hours
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Mobility
Mobility
No
