Universitat Internacional de Catalunya
Procedural Law 1
Other languages of instruction: Catalan, English,
Teaching staff
The teacher will be available to tutor students by appointment in class or by email: susana.sanchez@uic.es
Introduction
Students of this subject must approach it as the realisation of the substantive law that they have studied throughout their training.
In this sense, the subject of Procedural Law 1 aims to place the student not only before their future practice of law before the courts, in what
could be called jurisdictional law strictu sensu, but also before other forms of conflict resolution.
The initial study of the jurisdictional protection provided for in the Constitution and of negotiation, mediation and arbitration, will give way to the treatment of the procedural assumptions that every lawyer should master before initiating any litigation.
Pre-course requirements
Not required.
Objectives
The following objectives are pursued:
(i) To know the structure and functioning of the Spanish civil procedural system, as well as to correctly understand the mechanics of the main civil procedural institutions. The aim is for the student to understand the subject perfectly, so that they understand the Law and are able to deal with the explanations of clients and the assimilation of specialised information without problems.
(ii) Know how to handle with ease and without assistance each and every one of the institutions that make up the declarative civil procedure. At the end of the course, students should know how to draft and respond to claims, request precautionary measures, request the practice of preliminary proceedings, intervene with advantage in preliminary hearings and know how to conduct ordinary and oral trials.
(iii) Preserve the legal texts, their details, gaps and peculiarities.
Competences/Learning outcomes of the degree programme
- 03 - To be able to express one's ideas and arguments in an orderly and coherent way both in oral and written form (written and oral techniques)
- 04 - To turn in documents that have been formally and thoroughly prepared to high standards
- 06 - To acquire the ability to make decisions
- 11 - To acquire skills for autonomous learning
- 17 - To understand and have knowledge of public and private institutional principles in their origin and as a whole
- 19 - To develop the ability to write legal texts
- 20 - To have knowledge of the basic aspects of legal argumentation
- 22 - To be able to identify and interpret documentation normally used in legal and negotiating settings
- 23 - To identify the state, doctrinal and legal framework of a complex legal issue
- 24 - To acquire the skills to resolve problems and make decisions using relevant information and by applying correct methods while placing the issue within a legal system context
- 25 - To acquire the skills for legal paperwork processing: composing texts, clarifying a position on a matter, use of forms, etc.
- 26 - To master the techniques and other evidence taking stategies
Learning outcomes of the subject
1. Know and understand the basic concepts of procedural law, in particular the rules of jurisdiction, competence and the parties to the proceedings.
2. Identify and distinguish between the different types of civil actions.
3. Know, identify and understand the different phases of the declarative process and its means of proof, as well as the system of appeals.
4. Will have acquired oral and written communication skills.
5. Will have developed skills in the resolution of legal conflicts related to the contents of the module.
6. Will have acquired procedural competences
7. Will have developed habits of neatness in personal and document presentation.
Syllabus
TOPIC 1:
CIVIL PROCEDURE: INTRODUCTION AND GENERAL CHARACTERISTICS. THE REFORM OF THE CIVIL PROCEDURE ACT: KEY POINTS.
I. CIVIL PROCEDURE. INTRODUCTION AND GENERAL CHARACTERISTICS.
II. LEGAL NATURE OF THE PROCEDURE.
III. DIFFERENT FORMS OF PROCEDURE (BRIEF REMINDER).
IV. BRIEF REFERENCE TO LEGISLATIVE BACKGROUND.
V. THE CIVIL PROCEDURE ACT OF 2000: MAIN CHARACTERISTICS.
VI. SUBSEQUENT REFORMS: NOTABLE ASPECTS.
TOPIC 2:
THE JURISDICTION OF CIVIL COURTS.
I. INTRODUCTION.
II. SCOPE AND LIMITS OF THE JURISDICTION OF SPANISH COURTS: CRITERIA FOR ATTRIBUTION AND PROCEDURAL TREATMENT.
III. JURISDICTION BY REASON OF SUBJECT MATTER.
IV. CONFLICTS OF JURISDICTION AND COMPETENCE.
TOPIC 3:
COMPETENCE.
I. OBJECTIVE COMPETENCE.
II. TERRITORIAL COMPETENCE.
III. DECLINATORY JURISDICTION. DEVELOPMENT.
IV. FUNCTIONAL COMPETENCE.
V. NON-EXTENSIBILITY OF JURISDICTION AND NON-DEROGABILITY OF RULES ATTRIBUTING JURISDICTION AND COMPETENCE.
VI. DISTRIBUTION. MANDATORY NATURE AND PROCEDURAL TREATMENT.
TOPIC 4:
THE PARTIES IN CIVIL PROCEEDINGS: THE CONCEPT OF A PARTY, CAPACITY, AND APPEARANCE IN THE PROCESS.
I. INTRODUCTION: THE CONCEPT OF A PARTY AND ITS DIFFERENT ASPECTS.
II. CAPACITY TO BECOME A PARTY.
III. PROCEDURAL CAPACITY AND RESTRICTED CAPACITY TO ACT.
IV. PROCEDURAL TREATMENT OF CAPACITY TO BECOME A PARTY AND PROCEDURAL CAPACITY.
TOPIC 5:
PROCEDURAL REPRESENTATION AND TECHNICAL DEFENSE.
I. TECHNICAL-PROCEDURAL REPRESENTATION: MANDATORY NATURE OF THE INTERVENTION OF A PROSECUTOR. EXCEPTIONS AND FUNCTIONS.
II. TECHNICAL DEFENSE.
TOPIC 6:
LEGITIMATION, INTEREST, AND PROCEDURAL SUCCESSION.
I. LEGITIMATION AND INTEREST.
II. LEGITIMATE INTEREST.
III. PROCEDURAL SUCCESSION OR CHANGE OF PARTIES.
TOPIC 7:
PLURALITY OF PARTIES: JOINT LITIGATION AND THIRD-PARTY INTERVENTION.
I. JOINT LITIGATION. GENERAL REGIME.
II. VOLUNTARY JOINT LITIGATION AND NECESSARY JOINT LITIGATION. GENERAL REGIME.
III. PROCEDURAL TREATMENT OF JOINT LITIGATION.
IV. THIRD-PARTY INTERVENTION.
TOPIC 8:
THE SUBJECT OF THE PROCEEDINGS: ITS DELIMITING ELEMENTS
I. DEFINITION AND GENERAL CHARACTERISTICS OF LEGAL REGULATION.
II. ELEMENTS DELIMITING THE SUBJECT OF THE PROCEEDINGS: THE COMPLAINT.
III. COMPLEX CASES WHEN DELIMITING THE SUBJECT OF THE PROCEEDINGS: EXTENT OF JUDICIAL POWERS, THE PRECLUSION OF ART. 400 LEC, CONSTITUTIVE ACTIONS, AND CONFLICT OF ACTIONS.
TOPIC 9:
PLURALITY OF PROCEEDINGS: JOINING OF ACTIONS AND JOINING OF ACTIONS
I. JOINING OF ACTIONS: GENERAL CHARACTERISTICS.
II. JOINING OF ACTIONS
TOPIC 10:
CIVIL PROCEEDINGS IN THE FIRST INSTANCE. RULES FOR DETERMINING THE APPROPRIATE TRIAL. PRELIMINARY PROCEEDINGS. MASC AS A WAY TO AVOID PROCEEDINGS. MASC AS A REQUIREMENT FOR ADJUDICIBILITY.
I. INTRODUCTION.
II. DETERMINING THE APPROPRIATE PROCEEDINGS; TYPES OF DECLARATORY PROTECTION.
III. PRELIMINARY PROCEEDINGS.
IV. APPROPRIATE MEANS OF DISPUTE RESOLUTION AS A PRESUPPOSITION OF ADJUDICIBILITY.
TOPIC 11:
INITIATION OF PROCEEDINGS: THE COMPLAINT AND ITS EFFECTS.
I. INTRODUCTION.
II. THE COMPLAINT.
TOPIC 12:
POSSIBLE CONDUCT OF THE DEFENDANT BEFORE THE COMPLAINT. THE PRELIMINARY HEARING.
I. INTRODUCTION.
II. BURDEN OF APPEARANCE: EFFECTS.
III. DEFAULT AND FIRST SUMMONS.
IV. THE ANSWER TO THE COMPLAINT.
V. THE PRELIMINARY HEARING IN THE ORDINARY TRIAL.
VI. THE PRELIMINARY WRITTEN PROCEDURE AND THE POSSIBLE HEARING IN THE ORAL TRIAL.
TOPIC 13:
EVIDENCE (GENERAL THEORY).
I. INTRODUCTION: DETERMINATION OF FACTS AND NEED FOR EVIDENCE.
II. FACTS EXEMPT FROM EVIDENCE: UNCONTROVERSIAL FACTS AND NOTORY FACTS.
III. EVIDENCE: CONCEPT AND GENERAL CHARACTERISTICS.
IV. LEGAL SOURCES OF CIVIL EVIDENCE.
V. THE CONFIGURATION OF THE RIGHT TO EVIDENCE FROM A CONSTITUTIONAL PERSPECTIVE.
VI. PURPOSE OF EVIDENCE.
VII. MEANS OF EVIDENCE.
VIII. EVIDENCE INITIATIVE: PROPOSAL OF EVIDENCE.
IX. ADMISSION OF EVIDENCE. ILLEGAL EVIDENCE AND ILLEGAL EVIDENCE.
X. EVALUATION OF EVIDENCE.
XI. BURDEN OF PROOF.
XII. EVIDENCE PROCEDURE.
XIII. PRACTICE AND COLLECTION OF EVIDENCE IN THE INTERNATIONAL SPHERE.
TOPIC 14:
EVIDENCE (I): EXAMINATION OF THE PARTIES AND EXPERT EVIDENCE.
I. EXAMINATION OF THE PARTIES. CONCEPT.
II. EXPERT OPINIONS.
TOPIC 15:
WITNESS EVIDENCE. JUDICIAL EXAMINATION.
I. WITNESS EVIDENCE. CONCEPT.
II. JUDICIAL EXAMINATION.
TOPIC 16:
DOCUMENTARY EVIDENCE AND PAPER OR ELECTRONIC FORMAT. OTHER MEANS OF REPRODUCTION OF WORD, SOUND, AND IMAGE.
I. DOCUMENTARY EVIDENCE.
II. DATA AND AUDIOVISUAL MEDIA. THE REPRODUCTION OF WORDS, SOUNDS, AND IMAGES, AND OF THE INSTRUMENTS THAT ALLOW THE ARCHIVE AND ACCESS OF DATA RELEVANT TO THE PROCEEDINGS.
TOPIC 17:
FINAL ESTABLISHMENT OF THE FACTS. PRESUMPTIONS. FINAL CONCLUSIONS OF THE PARTIES. FINAL PROCEEDINGS.
I. GENERALITIES.
II. PRESUMPTIONS: NATURE AND CONCEPT.
III. FINAL ESTABLISHMENT OF THE FACTS. GENERALITIES.
IV. FINAL PROCEEDINGS.
TOPIC 18:
NORMAL TERMINATION OF THE PROCESS: THE JUDGMENT. PROCESS COSTS. PROVISIONAL LAW. ASSESSMENT AND EXCLUSION OF COSTS.
I. GENERAL.
II. THE INTERNAL FORMATION OF THE JUDGMENT.
III. MOTIVATION OF THE JUDGMENT AND CONSISTENCE.
IV. MOTIVATION OF THE JUDGMENT.
V. CONSISTENCE: GENERAL ISSUES.
VI. EXTERNAL FORM OF THE JUDGMENT.
VII. THE LIQUIDITY OF THE JUDGMENT. ITS RELATIONSHIP WITH THE CONTENT OF JUDGMENTS IN SPECIAL CASES (ILLUMENTARY JUDGMENTS, FUTURE SENTENCES, AND JUDGMENTS FAVORABLE TO CONSUMER AND USER ASSOCIATIONS).
VIII. PROCEEDING COSTS. FREE LEGAL SERVICES. ASSESSMENT AND EXCLUSION OF COSTS.
TOPIC 19:
I. "ABNORMAL" TERMINATION OF THE PROCEEDINGS. INTRODUCTION.
II. WITHDRAWAL.
III. TIME-LIMIT OF THE APPLICATION.
IV. TERMINATION OF THE PROCEEDINGS (DISMISSAL) DUE TO OUT-OF-PROCEDURAL SATISFACTION AND DISAPPEARANCE OF THE LEGITIMATE INTEREST IN THE CLAIMS OR OTHER CAUSES.
V. WAIVER OF THE PLAINTIFF
VI. ADMISSION OF THE DEFENDANT
VII. SETTLEMENT
VIII. REFERRAL TO APPROPRIATE MEANS OF DISPUTE RESOLUTION
TOPIC 20:
I. IN GENERAL. MEANING OF "PROCEDURAL CRISIS"
II. PREJUDICIALITY. CONCEPT, TYPES, AND LEGAL REGULATION.
III. THE INCIDENTAL ISSUE. INCIDENTAL PROCEDURE.
IV. SUSPENSION OF THE PROCESS BY AGREEMENT OF THE PARTIES.
Teaching and learning activities
In person
The teaching methodology of the subject will consist, in the first place, of lectures in which the active participation of the students will be required through direct questions in order to generate cognitive doubts that guarantee real learning of our discipline.
Likewise, and whenever circumstances allow, the teacher will use problem-based learning (PBL) in those subjects where case studies abound and are, in this sense, conducive to this methodology.
Without prejudice to the above, the teacher will make use of practical and real cases in most classes of the subject.
Classroom presentation of concepts and their practical application 17
In-class activities for student follow-up (individual and group) 03 06 22 22 23 24 25 26
Out-of-classroom activities for student follow-up (individual and group) 26
Independent study by the learner 11 17 24
Individual work 04 22 24
Evaluation systems and criteria
In person
The course assessment will consist of the following:
70% of the grade will be comprised of the average of two exams: a first, eliminatory midterm exam, which will take place on Wednesday, November 4th, and a final exam, the date of which is yet to be determined by the Faculty of Law's administrative office. The purpose of administering an eliminatory midterm exam is to assess students' learning at the halfway point of the course and to give them initial experience with the types of questions they will encounter on the final exam, as they will have the same format. Its eliminatory nature will encourage students to study daily, and passing the midterm exam will allow them to be tested on fewer topics in the final exam. A score of 5 or higher is required on each exam for the two exams to be included in the average.
The remaining 30% of the grade will be comprised of continuous assessment activities and class attendance and participation. Continuous assessment will consist of two individual activities and one group activity.
To pass the course, a grade of 5 or higher is required in each of the two sections mentioned above. Failure to achieve a minimum grade of 5 in both sections will result in an automatic failing grade.
Class attendance is MANDATORY because this is a Law degree program at a traditional university. Active participation in class will allow students to optionally increase their final grade to obtain Honors. More than three unexcused absences will result in a failing grade for the continuous assessment activities and, consequently, a failing grade for the course.
Second Examination Period
In the second examination period, the exam will account for 70% of the final grade. The exam structure will be identical to the final exam. The remaining 30% of the final grade will correspond to the continuous assessment grade as described in the previous section.
ASSESSMENT SYSTEM
First Examination Period
1) Exams:
The exams for this course will consist of a multiple-choice test.
A variable number of questions will be asked, each with four answer choices. Students must select the most correct or most complete answer from those provided, or the incorrect one, depending on the question. There is only one correct or incorrect answer. Incorrect answers will result in a deduction of points. The point value for a correct and incorrect answer will be indicated at the top of the exam.
All students are required to dress formally for the exams, as if they were attending a job interview or a legal conference.
Phones, smartwatches, and any other electronic devices must be put in airplane mode and left at the sides of the classroom before the exam begins.
Continuous Assessment Activities:
Continuous assessment will consist of two individual activities and one group activity.
The first continuous assessment activity will consist of creating a glossary of legal terms related to the topics covered in class. It must contain at least 50 technical terms. The objective of this exercise is for students to understand and learn to use the vocabulary specific to civil procedural law, which they will encounter in the Spanish Civil Procedure Law (LEC), hear in court, and use throughout their professional careers. The glossary must be handwritten. Typed or computer-generated work will not be accepted.
The second continuous assessment activity will consist of submitting a set of questions. Each question will be posed by the professor in class; this is another reason why class attendance is mandatory. The objective of this exercise is for students to independently explore topics and delve deeper into specific knowledge, following classroom explanations, as well as to improve their writing skills. The glossary must be handwritten. Typed or computer-generated work will not be accepted.
The third practical activity will consist of submitting a set of multiple-choice questions covering the entire course syllabus. Students must work in groups of three and create a total of 30 multiple-choice questions with four possible answers, indicating the correct one. Students must also indicate the page number in the textbook and/or the article in the Spanish Language of Education (LEC) where they found the correct answer. The objective of this exercise is to identify the most important or relevant course content for the instructor and to familiarize students with the types of questions that might appear on the final exam. This exercise must be handwritten. Computer-generated or digital submissions will not be accepted.
The continuous assessment activities grades will be submitted on the last day of class, Thursday, December 17, 2026. Honors cannot be obtained without attending class. Class attendance is mandatory, as it is the first step in acquiring knowledge of Procedural Law applied to the everyday situations you will encounter in your future career. Attendance and active participation in the lessons will determine which students achieve Honors.
Second Examination Period
Students who have not passed the continuous assessment may take the second examination period for the course, which will account for 70% of the final grade. The remaining 30% will come from the grade obtained in the continuous assessment that all students must complete. If you pass this assessment in the first examination period, your grade will be saved for the second examination period. The structure of the exam will be identical to that of the final exam.
Bibliography and resources
The starting point for the study of this subject is the Civil Procedure Law (LEC) - bear in mind that this must be up to date at the time the subject is taught.
Likewise, and always with the aim of systematising the content of the aforementioned, the following manuals are recommended:
ARMENTA DEU, T., Lecciones de Derecho procesal civil, Marcial Pons, Madrid, latest edition.
MONTERO AROCA, J., Derecho Jurisdiccional II Proceso Civil, Tirant lo Blanch, Valencia, latest edition.
In order to carry out the practical cases, students should make use of the databases available in the University's digital library.