To pass this subject it is necessary that at the end of the semester:
1. You know and understand:
- The various sources of Civil Procedure Law.
- The current situation of civil process and its future: current reforms.
- The principles underlying civil procedure.
- The different types of declarative and special processes that exist in Spain, being able to differentiate between declarative protection, executive protection and the interim one.
- Know the procedural requirements for parts in a civil process and the effects related to them that arise during the development of the process, as well as the subject of the process with the accumulation of claims and processes.
- Know which the preliminary and other pre-trial proceedings are.
- Distinguish between the different phases: pleadings, probation and decision-making phases of the two main declarative processes: oral and regular trial.
- Learn thoroughly the conduct of the oral trial and the ordinary trial.
- Understand the types of evidence that can be used in civil proceedings, as well as the time and form of your application and problems that arise in practice.
- Distinguish and know the means of challenge recognized by the Law: motions for reconsideration, appeal and extraordinary means for review of a procedural violation, and direct appeal.
- Differentiate the means for review from the clarifications and rectifications of resolutions that the Law covers, and other means of challenge such as the hearing of who was judged in absentia or the review of final judgments.
- Understand the development of the enforcement process: both forced and provisional.
- Know what the precautionary measures are, as well as requirements and procedure for their adoption.
2. From a practical point of view, to be able to:
- Prepare a lawsuit and question whether prior actions are necessary or appropriate.
- Choose the appropriate and / or desirable procedure.
- Determine before what court you must submit your lawsuit or the answer to a lawsuit.
- Decide if you need interim protection measures to ensure the judgment, and know how to ask for these measures and oppose those asked by the other party.
- Understand the structure of the various briefs and documents that are produced in a process, distinguishing between the writings of the parties and those of the judiciary.
- Prepare various written pleadings: challenging of court competence, claims and answers to claims with the corresponding counterclaim, if applicable.
- Choose between the various means of proof that are allowed by the legal order and know when to propose them and how to develop them.
- Prepare various briefs of preparation and lodging of the appeal, as well as know how to oppose and / or challenge those formulated by the other party.
- Knowledge of forensic practice: how to act and speak in court or as part of a court directing it or write a report.