Universitat Internacional de Catalunya - Barcelona

Procedural Law 2

• code 10029
• course 3
• term Semester 1
• type OB
• credits 3

Main language of instruction: Spanish

Other languages of instruction: Catalan

Head instructor

Dr. Juan Antonio ANDINO - jandino@uic.es

Office hours

Professors will attend the students provided they need it, which will be essential to make a previous appointment via e-mail (tdiciommo@uic.es; jandino@uic.es ).

This subject concludes the basic training of students in civil proceedings. Three thematic groups whose knowledge by the student is compulsory. We refer to system of how to challenge judicial decisions, the execution proceedings and the special judicial proceedings.

They are not required ad hoc previous requirements, although it is strongly recommended that students have very present the contents of civil procedural law that formed part of the subject of Civil and Procedural Law I. To issue shortcomings in this regard can have negative consequences for the appropriate use and profit of the subject.

It should be noted that they are ambitious. With a studied purpose of giving the student a stronger civil procedural training, they are proposed as targets of the subject itself as follows:

(1) Domain of procedural institutions that make up the temary. The student is expected to be handled with great ease with the various institutions to be explained.

(2) Deep and detailed knowledge especially legal texts, the Civil Procedure Law. The rules are the working tools of the lawyer. Is unforgivable disregard the legal texts. What is more, this knowledge provides students an added value which in the professional world is recognized.

(3) High capacity to implement what has been achieved in the previous paragraphs to the resolution of cases. The student must be able to face and solve any practical case with ease and good legal technique, attaching solid arguments and better writing.

• 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

Unit 1. Challenges. Ordinary and extraordinary challenges. Special attention to administrative appeal and ordinary appeal.

Practical exercise: Write brief filing an appeal.

Unit 2. General concepts about the execution proceedings. Test execution. The executive action and enforcement. Jurisdiction regarding implementation. active and passive legitimization in the execution proceedings. The procedural application in the execution proceedings. Legal costs in execution. Suspension of the execution.

Practical exercise: course of execution done on demand.

Unit 3. Claim of execution proceedings, office of enforcement and opposition to the executive activity. Expiration of executive action. The claim in execution proceedings: formal aspects. The claim in execution proceedings: aspects of content. The release of execution. The decree of executive action. Challenge to execution. Extension of execution.

Practical exercise: Compose a claim and examining executive decree implementing measures.

Unit 4. Monetary execution. (I) Acts preparation of the attachment: the payment order, the manifestation of assets of the executed and executed heritage information. (II) The attachment. Concept. Practice. Annulment of the attachment indefinitely. attachable assets. Garnishment of wages, pensions and other compensation. Priority of goods for the purposes of the attachment. Legal effects of the attachment. (III) Ensuring attachment. Measures to ensure the attachment: purpose and classes. Deposit, legal hold, preventive annotation of seizure and receivership.

Practical exercise: Examine diligence attachment.

Unit 5. The enforcement procedure. Concept and function. Direct the performer delivery. Judicial auction: preparing acts of the auction. Judicial auction: development of the auction. Payment performer and destination of the surplus. Effects of the award on repossessed assets. Other embodiments.

Practical exercise: Browse edict auction conditions.

Unit 6. The non-monetary execution. Enforcement of judgments condemning the entering of goods other than a sum of money. Execution of sentences of non-personal performance. Enforcement of sentences to issue a personal performance. Enforcement of judgments condemning issue a declaration of intent. Enforcement of sentences of doing a particular action.

Practical exercise: a breach of the régime of visits.

Unit 7. The provisional execution. General rules. Resolutions not susceptible of provisional execution. Process. executive demand or simple request. Deadlines. Office of the provisional execution. Revocation of provisional execution.

Practical case: examine a claim for provisional execution.

Unit 8. Special declaratory proceedings. Referring to the judgments of eviction. The eviction trial procedure, particularly enervation in eviction proceedings and debt forgiveness rental agreement.

Practical exercise: Resolving cases of enervation of the eviction action

Unit 9. The procedure in family matters, in particular the principles underlying the processes and specialties devices not in evidentiary matters.

Practical exercise: To examine effects of a judgment of separation or divorce.

Unit 10. Special declaratory processes: the privileged credit protection. The monitory trial. General scheme. Legal nature. Legitimization and application. Request and documentation. Intake phase. Payment requirement. Payment amount claimed. Non-appearance or appearance without opposition. Opposition by the debtor. Resolution of the opposition. Transformation in a declaratory payment proceedings. payment procedure for reclamation of amounts that correspond to a community. European order for payment.

Practical case: Write a petition of monitory proceedings and a document of challenge/opposition to a monitory proceedings.

The final mark of the subject will be the result of a weighted average between the final exam and continuous assessment note for the attendance at continuing education conferences:

• Continuing valoration: the pupils will have to deliver the exercises that will be delivered during the classrooms. The valoration for this point will represent the 40% of the final mark.
• The final exam will consist on a written exam which will imply the resolution of a particular case by the pupil. This exam will represent the 60% of the final mark.
• The foregoing, without prejudice to applying the regulations in force regarding the continuous training conference cycle. The lack of attendance to the Continuing Education Conferences will be negatively evaluated in the subject. That is to say, depending on the number of lectures that were not attended, the final grade resulting from the total evaluation of the subject will be reduced up to one point. For example: if you miss a conference the note will drop 0.4 points, if two lectures are missing the note will drop 0.7 points and if you miss the three conferences the note will drop 1 point. This regulation will not apply to Erasmus students or exchange students, nor to students of the Double Degrees.

• Book of the subject: Gimeno Sendra, Vicente, Derecho Procesal Civil. Parte general, Castillo de Luna Ediciones Jurídicas, 2017.
• Book of the subject: Gimeno Sendra, Vicente, Derecho Procesal Civil. Los procesos especiales, Ediciones Jurídicas Castillo de Luna, 2016. 
• Civil Proceedings Law (with updated content).

 
Any other material, to be delivered and/or indicated by the Professor of the subject.

E: exam date | R: revision date | 1: first session | 2: second session:

• E1 21/01/2020 12:00h a502