Learning outcomes of the curricular unit

Civil procedural law will be presented as an instrument for the effective realisation of substantive law, which is conditioned by the procedural feasibility of resolving conflicts of interest, in view of the principles of the prohibition of self-defence and the public and state administration of justice. The course's paradigm is the formalism and dynamics of the ordinary declaratory process.

The subject of Civil Procedural Law represents a first approach to procedural issues, which, starting from a rigorous theoretical framework and contextualisation in terms of fundamental rights, maintains a strong link with practice

Syllabus

I- Actions terminating the obligations. Fulfillment as the main terminating action: study of its fundamental principles and its regime. Other types of termination of the obligations and their heterogeneous character; 

II – The fulfillment regime of natural obligations, multiple (plural) obligations (joint and passive solidarity), indivisible obligations, generic obligations, alternative obligations, optional obligations, pecuniary obligations and interest obligations;

III –Transmissive actions of the obligation: assignment of credits, subrogation, single assignment of debts and assignment of contra;

IV – Non-fulfillment of obligations: study of legal regulation and conventional regulation;

V – Guarantee of fulfillment of the obligations. The general guarantee: fundamental principles and conservation means (the “impugnação pauliana” injunction 
especially).