Derecho Procesal I (GED70100)

General information

Type:	BAS	Curs:	2	Period:	S semester
ECTS Credits:	6 ECTS

Teaching Staff:

Group	Teacher	Department	Language
	Francisco Peláez Sanz	Derecho	ESP

None

None

Workload distribution:

- In-class activities: 50% of credits
- Guided activities: 20% of credits
- Independent study: 30% of credits

Introduce students to the means available to resolve conflicts between individuals.

- Develop an awareness of the fact that every legal process is based on a conflict, while being conscious that the lawsuit is the final solution when all other mediation and negotiation options and efforts have been exhausted.

- Have a knowledge of the organisation and functioning of ordinary jurisdiction as well as the Courts set out in the Constitution and recognised by International treaties. Focus special attention on the order of civil jurisdiction and penal jurisdiction.

- Know all of the instruments, tools and procedures that can be used and applied in a civil lawsuit.

- Know how to write the various initial allegation documents for a civil lawsuit; as well as other necessary documents and procedures for the proceedings: proposition of evidence, practice of the different means to obtain evidence, conclusions, resources, etc.

- Begin working on oral skills as a means to communicate and act in Courts.

19. Teamwork and collaboration

20. Mediation and conflict management

1. General theory regarding Procedural Law The aim of this section is to introduce general concepts applicable to all proceedings, not only civil proceedings and focusing essentially on the organisation and functioning of Spanish legal proceedings. Thematic sections (detailed in the course syllabus)

2. General theory regarding civil proceedings The aim is to provide an initial introduction to Civil Proceedings as the key focus in the Procedural Law course, exploring issues that are common to all civil proceedings, whether a declaration or execution. Thematic sections (detailed in the course syllabus)

3. Declaration Procedure The aim is to further explore the objects of the legal function, learning about all the actions that can be undertaken in the process of civil declaration (different types of procedure, whether general or special, are not analysed). Thematic sections (detailed in the course syllabus)

4. Course syllabus GENERAL THEORY OF PROCEDURAL LAW First chapter. PROCEDURAL LAW LESSON 1. THE PROCEDURAL LAW CONCEPT AND THE JURISDICTIONAL FUNCTION I. The concept of Procedural Law II. Different meanings of the term ¿jurisdiction¿ III. The jurisdiction function from a historical perspective A) From private to public justice B) Historical types of jurisdiction: the first examples; jurisdiction in the contemporary state; jurisdiction in the State of Law IV. Judges and the Law: diverse opinions and criticism V. Judges and the Justice Administration: judicial independence LESSON 2. PROCEDURAL LAW AND ITS SOURCES I. Procedural Law as the regulation of jurisdictional activity A) Procedural Law and Substantive Law B) Nature of procedural norms C) Application of procedural norms in time and space II. Sources of Procedural Law A) General principles B) The Law: 1. Constitution; 2. Organic Laws; 3. Ordinary Procedural Laws; 4. International treaties C) Customs D) General law principles E) Jurisprudence Second chapter. THE JURISDICTIONAL FUNCTION LESSON 3. THE JURISDICTIONAL FUNCTION WITHIN THE FRAMEWORK OF THE SPANISH CONSTITUTION I. Definition in the Constitution II. Principles on which the jurisdictional function is based: A) The jurisdictional unity principle: 1. Its theoretical need and historical reason for being; 2. jurisdictional unity and Spanish jurisdictional structure: Courts of Record (the different branches or orders within ordinary jurisdiction; special courts within ordinary jurisdiction); Special Constitutional Courts; Supra-national Courts; 3. Autonomous Communities and the principle of jurisdictional unity B) The principle of exclusivity C) The right to be heard by a judge or body established by Law III. Traits of bodies with jurisdictional functions: judicial independence A) Concept B) Limits and scope of the term C) Measures to guarantee independence Third chapter. THE SPANISH JURISDICTIONAL STRUCTURE LESSON 4. INTRODUCTION: JURISDICTIONAL BODIES. JURISDICTION AND POWERS I. Jurisdictional bodies A) Legal person and public body B) Nature of this body; function, occupation and public servant C) Specificities of the jurisdictional body: authority and power D) Types of jurisdictional bodies: 1. Depending on the number of members (single-member bodies and collegiate bodies; collegiate body functioning); 2. depending on members' educational background (professional and temporary judges; judges/jurists and justices of the peace) E) Special considerations for juries II. Jurisdiction and jurisdictional body powers A) Differentiation between jurisdiction and powers B) Foundations of these powers; difference between 'competency' and 'assignation' C) Analysis of the assignation rules or criteria for allotting a concrete matter to a given jurisdictional body LESSON 5. ORDINARY JURISDICTION I. Types of bodies and judicial demarcation A) Applicable legislation B) Denomination and types of jurisdictional bodies C) Judicial division of the Spanish State D) Jurisdiction orders or branches II. Jurisdiction and power of single-person bodies III. Jurisdiction and power of collegiate bodies IV. Organisational structure of different jurisdictional orders V. Constitution and functioning of Courts and Tribunals A) Make-up of the Courts and alternate magistrates B) Substitutions C) Measures to reinforce the membership of judicial bodies LESSON 6. OTHER COURTS FORESEEN IN THE CONSTITUTION AND THE TRIBUNALS RECOGNISED BY INTERNATIONAL TREATIES I. The Constitutional Court and other Tribunals which don't pertain to the ordinary jurisdiction foreseen in the Constitution A) The Constitutional Court: its link to jurisdiction B) Military courts C) Customary and traditional Courts: 1. the Water Tribunal of Valencia; and 2. the Council of Wise Men of the Murcia Plain D) Comptroller and Auditor General II. Tribunals recognised by international treaties A) European Court of Human Rights B) European Community Justice Tribunals: 1. Court of Justice of the European Union; 2. Court of First Instance of the European Communities LESSON 7. JURISDICTIONAL CONFLICT I. Jurisdictional conflict A) Between a judicial body and a public administration B) Between a judicial body belonging to an ordinary jurisdiction and a special tribunal foreseen in the Constitution II. The so-called conflicts of competences III. Questions of competences LESSON 8. OTHER ORGANISATIONAL ISSUES I. Regulations governing judges and magistrates A) The judiciary B) Measures to guarantee judicial independence C) Judges' and magistrates' responsibilities D) Temporary judges E) On-going education of judges and magistrates F) The Ministry of Justice's Centre for legal studies G) Justices of the Peace: special considerations II. Governance of the judicial system A) The General Council of the Judiciary: its make-up, functions and bodies B) Internal governance in Courts and Tribunals C) Inspections of Courts and Tribunals III. Court clerks and the Court Administrative Office IV. Public servants in the justice system and other personnel V. The Public Prosecutor's Office and other people and institutions working with the justice system A) Public Prosecutor's Office: its organic regulations B) Other people and institutions working with the justice system: attorneys and prosecutors; criminal police; State representatives and defence and other public entities; other professional collaborators (Illustrious Professional Colleges) Fourth chapter. JURISDICTIONAL ACTIVITY LESSON 9. PROCEEDINGS AS AN INSTRUMENT OF JURISDICTIONAL ACTIVITY I. Concept II. Legal nature III. Procedures and proceedings IV. Proceedings and trials V. Declarations and sentence implementation VI. Voluntary (out-of-court) jurisdiction LESSON 10. PROCEDURAL PRINCIPLES: NATURAL LEGAL PRINCIPLES I. The locus standi principle: Constitutional support for the locus standi principle; the right to effective legal protection in Article 24 in the Spanish Constitution II. Principles of impartiality and bilateralism before the judge: Constitutional support for the right to impartiality; application of Article 14 in the Spanish Constitution to proceedings III. The right to Constitutional appeal (writ of ¿amparo¿) against sentences and jurisdictional acts LESSON 11. PROCEDURAL PRINCIPLES: TECHNICAL LEGAL PRINCIPLES I. The principle of the initiative of the parties or subject-matter delimitation A) Principle of the initiative of the parties and the principle of the parties presenting allegations and proof; manifestations and limits B) Principle of the initiative of the parties and confrontation between the parties. C) The principle of presented and demonstrated proof. II. The principle of officiousness A) Combination of the principle of officiousness and confrontation between the parties (the accusing party in the proceeding); accusing party in the penal proceeding B) Principle of impartial judges and the separation between judicial investigations and trials C) Principle of legality LESSON 12. PROCEDURAL STRUCTURE I. Investigation and confrontation between parties II. Written documents and oral allegations III. Consequences of written documents: act orders, lapse of rights and eventuality IV. Consequences of oral allegations: concentration and immediacy V. Publication and secrecy LESSON 13. RIGHTS OF CITIZENS SEEKING JUSTICE I. Right to turn to the Courts; meaning II. Rights of citizens seeking justice to proceedings and firm sentences: instance as a procedural right III. Rights of citizens seeking justice to concrete jurisdictional protection: action IV. Property subjective rights, right to proceedings and civil actions V. Penal actions as a right to be a party Fifth chapter. PROCEEDINGS IN DIFFERENT JURISDICTION ORDERS OR BRANCHES LESSON 14. PROCEEDINGS IN DIFFERENT JURISDICTION ORDERS OR BRANCHES I. Proceedings in the civil jurisdictional order: declaration and sentence implementation proceedings II. Proceedings in the criminal jurisdictional order III. Proceedings in the administrative dispute jurisdictional order IV. Proceedings in the labour jurisdictional order GENERAL THEORY OF CIVIL PROCEEDINGS First chapter. CIVIL COURTS FIRST SECTION. JURISDICTION AND POWERS LESSON 15. CIVIL COURT JURISDICTION I. Extension and limits of civil court jurisdiction II. The Spanish Courts' 'international competences' A) Attribution criteria: 1. Cases of jurisdictional immunity as established by International Public Law; 2. international treaties and pacts; and 3. national norms governing international civil competences (Article 22 in LOPJ). B) Proceedings: 1. Legal assessment of competency; 2. protest by a party; 3. Appeals. III. 'Jurisdiction by reason of the object' A) Regulating norms B) Proceedings: 1. Legal assessment of competency; 2. protest by a party; 3. appeals. IV. Courts' loss of civil jurisdiction: arbitration; proceedings LESSON 16. CIVIL COURT COMPETENCES I. Competency attribution criteria; their legal predetermination II. 'Objective competences' A) Regulating norms B) Proceedings: 1. Legal assessment of competency; 2. Protest by a party; 3. appeals. III. 'Territorial competences' A) Regulating norms: 1. Governing norms on territorial competences; 2. norms or 'habits and customs' regarding territorial competences: 'conventional customs' (tacit and express submission); 'legal customs' (general and special); 3. territorial competency norms in case of accumulating actions and in case of numerous parties being sued B) Proceedings: 1. Governing norms of territorial competences (legal assessment of competency and protest by a party); 2. norms governing territorial competences (pleas; special considerations for the latter); 3. negative territorial conflict; 4. appeals. IV. 'Functional competences' A) Regulating norms. B) Proceedings: 1. Legal assessment of competency; 2. protest by a party; 3. appeals. SECOND SECTION. DEFINITIVE DETERMINATION OF THE JURISDICTIONAL BODY AND JUDGE LESSON 17. DISTRIBUTION OF SUBJECT MATTERS; ABSTENTION AND OBJECTION I. Distribution of subject matters A) Regulating norms B) Proceedings II. Change in judges without competences being affected: abstention and objection by judges and magistrates A) General norms B) Special norms: 1. Special norms for judges and magistrates; 2. special norms for personnel in the Justice Administration and Public Prosecutor's Office Second chapter. THE PARTIES FIRST SECTION. THE PARTIES IN A CIVIL PROCEEDING LESSON 18. CONCEPT AND SUBJECTIVE ASSUMPTIONS REGARDING THE PROCEEDINGS AND ACTIONS I. Concept of the parties II. Capacity A) Capacity to become a party B) Procedural and representational capacity C) Procedural treatment of capacity: 1. Legal assessment of competency; 2. protest by a party III. Legitimation A) Concept and purpose B) Types: 1. Own or ordinary; 2. others or extraordinary: legitimation by substitution; legitimation to defend consumers and users; the Public Prosecutor Office's legitimation C) Proceedings IV. Legitimate interest LESSON 19. PARTIES' APPEARANCE AND ACTIONS IN TRIALS I. Appearance in trials and representation II. Procedural representation by the Court prosecutor; the 'capacity to postulate' A) Obligatory or free procedural representation; unnecessary intervention by the prosecutor B) Designation of the prosecutor C) The prosecutor's 'power', obligations and rights D) Dismissal of the prosecutor E) Procedural treatment of the 'capacity to postulate' III. Technical defence by the attorney A) Obligatory or free technical defence; unnecessary intervention by the attorney B) Designation of the attorney C) Procedural treatment of the technical defence LESSON 20. PARTIES' ECONOMIC OBLIGATIONS I. Obligation to pay Court expenses and fees. Judicial fees II. Free legal assistance III. Proceedings to obtain funds and pay prosecutor's fees and expenses; proceedings to obtain payment for attorney's fees IV. Right to reimbursement for expenses paid: sentences to pay expenses V. Appraising expenses VI. Coercive fines SECOND SECTION. PARTY PLURALITY, INTERVENTION AND CHANGE LESSON 21. PARTY PLURALITY I. Joint lawsuits: concept and types II. Voluntary joint lawsuits III. Necessary joint lawsuits IV. Procedural specialities stemming from joint lawsuits or multiple parties V. Procedural treatment of joint lawsuits LESSON 22. THIRD-PARTY INTERVENTION IN SUITS AND PROCEDURAL SUCCESSION I. Procedural intervention A) Concept and types B) Voluntary adhesion to the suit C) Provoked intervention D) Special protection for consumers and users II. Procedural succession or change in parties Third chapter. JUDICIAL INTERVENTIONS LESSON 23. PROCEDURAL FACTS AND ACTS I. General principle: procedural good faith II. Requirements for proceedings: A) Proceeding venues B) Proceeding time frames: 1. Ordinary period of Court proceedings; vacation court; 2. time allotted for legal actions, terms and deadlines C) Types of legal hearings: 1. Public 2. oral and immediate; publicity and official language III. Judicial public good faith and documentation of proceedings A) Judicial good faith B) Documentation of proceedings C) Make-up, custody and preservation of Court papers D) Reconstruction of Court papers IV. Ineffectiveness in proceedings LESSON 24. PROCEEDINGS STRUCTURES I. Substantiation of matters A) Ordinary written court order: 1. Presentation; 2. procedural impetus; 3. presenting magistrate B) Offices of Immediate Signalling C) Hearings D) Voting and sentences II. Judicial resolutions A) Types: 1. Judicial resolutions; 2. legal clerk resolutions B) Form, publication and archive C) Resolution linkage and invariability: clarifying, correcting, rectifying and complementing judicial resolutions LESSON 25. COMMUNICATIONS I. Acts of judicial communication: types, contents, time, place and form II. Legal assistance Fourth chapter. APPEALS LESSON 26. SYSTEM OF APPEALS I. Concept, types and general dispositions II. Ordinary appeals A) Internal appeal B) Appeal of a judgement C) Appeal for revision III. Extraordinary appeals A) Extraordinary appeal for procedural violation B) Appeal to the highest instance C) Appeal in the interest of the law IV. Remedy of complaint V. The right to appeal in special cases: A) Proceedings involving evictions B) Proceedings aimed at indemnities for motor vehicle traffic-related damages C) Proceedings aimed at making property owners pay default amounts to property owners' associations. DECLARATION PROCEEDINGS First Section AIM OF THE PROCEDURE LESSON 27.- ACTION AFFIRMED AS THE AIM OF THE PROCEDURE I. Introduction: the jurisdictional function and the declaration procedure. II. Delimitation of the aim of the procedure (identifying elements of the action). A) Subjects. B) "Causa petendi": theories of Substantiation and individualisation. C) "Petitum"; Classes of action according to the protection applied for: conviction actions, merely declarative actions and constitutive actions. LESSON 28.- THE PROCEDURE WITH A NUMBER OF AIMS I. Accumulation of actions A) Initial accumulation of actions: 1. Objective accumulation of actions.- 2. Subjective accumulation of actions. B) Accumulation of actions; supervening or through insertion: 1. Broadening the demand.- 2. Counterclaim. C) Requirements or procedural budgets of admissibility of the accumulation of actions: 1. Requirements or budgets relative to jurisdiction and competence.- 2. Requirements or budgets relative to the procedure. Special rules for determining the quantity in procedures with a number of aims.- 3. Special cases of necessary accumulation. D) Accumulation of undue actions. Their procedural treatment: different treatment in the full trial and the verbal trial. II. Accumulation of procedures. A) General dispositions. B) Accumulation of procedures before the same court. C) Accumulation of pending procedures before different courts. D) Accumulation of individual procedures linked to a universal one. Section Two FIRST PETITION FIRST SECTION PREPARATION OF THE PROCEDURE LESSON 29. PRIOR PROCEEDINGS TO THE INITIATION OF THE PROCEDURE I. Preliminary formalities. A) Preliminary formalities expressly set out in the Law of Civil Lawsuits. B) Preliminary formalities expressly set out in special laws. II. The act of conciliation; effects of the conciliation demand and the agreement. III. Prior administrative claim. SECOND SECTION ALLEGATIONS LESSON 30. CLAIM AND INITIAL ALLEGATIONS I. Aim and claim. II. The claim. A) Concept. B) Requirements. C) Structure. D) Presentation of documents, ruling, reports and other media and instruments. E) Time allotted to the presentation of documents. F) Copies of written information and documents and their transfer. G) The admission of the demand and the legal defect in the way of proposing the demand. III. Litispendence. A) Concept B) Time C) Effects: 1. Juridical-material effects.- 2. Juridical-procedural effects. IV. Other means for the plaintiff to formulate allegations subsequent to the claim. LESSON 31.- POSSIBLE CONDUCT OF THE DEFENDANT WHEN CONFRONTED BY THE CLAIM I. Passive conduct. A) Default B) Inactivity: appearance in court without a response. II. Active conduct: contesting the claim. A) Concept. B) The submission. C) The denial: 1. Factual denial.- 2. Legal denial. D) The exceptions: 1. Procedural exceptions.- 2. Material exceptions; special consideration of the allegation of the existence of a compensational credit and the allegation of the nullity of the legal negotiation on which the claim is founded. E) The counterclaim. F) The contestation to the claim document: structure and content. III. Other means for the defendant to formulate allegations subsequent to the contestation of the claim. THIRD SECTION EVIDENCE LESSON 32.- GENERAL THEORY OF EVIDENCE I. Concept of evidence. II. Sources of civil evidence. III. Aim of evidence. IV. Exemption of evidence. V. Proposition of evidence. A) Initiative of evidential activity: 1. General principal towards the instance from the part.- 2. The proposition by operation of law through the court; special consideration of article 429.1 Law of Civil Lawsuit. B) Form of proposition of evidence. VI. Acceptance and non-acceptance of evidence. A) Acceptance of proposed evidence. B) Non-acceptance of evidence: 1. Non-usability, irrelevance and prohibition of the evidential activity.- 2. Illicit aspect of evidence. C) Acceptance of new facts or new information. VII. Evidence media. VIII. Practice of evidence. A) Order of practice for evidence media. B) Form of practising with evidence. C) The time for proof: 1. General principal of concentration or unity of event.- 2. The anticipated evidence.- 3. Measures of assuring the evidence.- 4. The practice for evidence of new facts or new information. D)Sanction for non-fulfilment of the norms for the practice for evidence. IX. Evaluation of evidence: free evidence, weighted evidence and combined appreciation of the evidence. X. The burden of evidence. LESSON 33. THE EXAMINATION OF THE PARTIES AND WITNESSES I. Examination of the parties. A) Concept and subjects of the examination. B) Manner of formulating the questions; their acceptance and contestation. C) The declaration of the reports. D) The behaviour of the parties under examination: non-appearance; negative declarations; evasive responses. E) Evaluation of the examination of the parties. II. Examination of witnesses. A) Concept and aptitude to be a witness. B) Designation and limitation of the number of witnesses. C) Failings and their evaluation. D) Manner of formulating the questions; their acceptance and contestation; general questions. E) The witnesses' declaration. F) Indemnification of witnesses. G) Evaluation of the witnesses' declarations. LESSON 34.- THE DOCUMENTS I. Concept and classes of documents. A) Public documents. B) Private documents. II. Presentation of documents. A) Timing allotted to the presentation of documents. B) Form of presentation of documents: 1. Public documents.- 2. Private documents. C) Evidence value of documents: 1. Their evaluation.- 2. Public documents; foreign public documents; 2. Private documents; trade accounts. D) Contestation of the proof value of documents: 1. Public documents.- 2.Private documents. III. Display of documents. A) Display budgets. B) Application for display and duty to display: 1. Between parties.- 2. Third parties 3. Official entities. C) Testimonies of the displayed documents and copies of the unwritten documents. LESSON 35.- EXPERTS' REPORTS I. Concept and nature. II. Conditions for experts. A) In relation to their knowledge: 1. Individuals.- 2. Juridical representatives. B) In relation to their contribution. III. Classes of reports. A) Reports elaborated by experts designated by the parties: 1. Time allotted to the provision of reports.- 2. Experts' failings.- 3. Experts' contribution to the trial or hearing. B) Report elaborated by experts designated by the court: 1. Application.- 2. Procedure for the designation of experts, acceptance and appointment.- 3. Challenge of experts.- 4. Elaboration, issue and ratification of report.- 5. Possible role of experts in trial hearing. IV. The written comparison of a specific report. V. Other experts' reports as an instrument for other proofs. VI. Evaluation of experts' reports. LESSON 36. JUDICIAL RECOGNITION AND THE REPRODUCTION MEDIA FOR WORDS, SOUND AND IMAGE AND THE INSTRUMENTS FOR ARCHIVING AND PRESENTING THE RELEVANT DATA FOR THE PROCEDURE I. Judicial recognition. A) Concept, aim and outcome. B) Application and admission of judicial recognition. C) Undertaking of judicial recognition: 1. Practice of the judicial recognition on an individual basis.- 2. Practice of judicial recognition together with other evidential media.- 3. Recognition of people. D) Documentation and record of recognition: 1. Certificate.- 2. Technical media. E) Evaluation of the judicial recognition. II. The reproduction media for words, sound and image and the instruments for archiving and presenting the relevant data for the trial. A) Instruments for filming, recording and the like: proposition, practice, certificate and custody of the materials and their evidential value. B) Instruments for archiving, presenting and reproducing data relevant for the process: proposition, practice, certificate and custody of the materials and their evidential value. LESSON 37. THE PRESUMPTIONS I. Concept and juridical nature. II. Classes. A) Legal presumptions. B) Judicial presumptions. III. Their declaration in the trial. FOURTH SECTION TERMINATION LESSON 38. NORMAL TERMINATION OF THE PROCEDURE: FINAL ACTIONS AND SENTENCE I. "Conclusions" regarding the facts and the "reports" on the juridical arguments. II. Final proceedings. III. The sentence. A) Principle of justice applied for. B) The congruence of the sentence with the parties' aspirations; clarity and precision. C) Exhaustiveness and types of incongruence. D) Motivation of the sentence. E) Determination of cost of the condemnation: 1. Sentences with a settlement reserve.- 2. Future convictions. LESSON 39. THE PARTIES' POWER OF REGULATION OVER THE TRIAL AND THEIR ASPIRATIONS: INTERRUPTION AND ABNORMAL TERMINATION OF THE TRIAL I. Preliminary general questions. II. Interruption or suspension. III. Specific means to abnormally end a trial through regulation of the parties. A) Renunciation by the protagonist. B) Submission of the defendant. C) Waiver: 1. Unilateral.- 2. Bilateral; the waiver for submission to arbitration with a trial pending.- 3. The waiver of resources. D) Transaction: 1. Nature, classes y effects.- 2. Special consideration of the judicial transaction. E) Expiry of the application. IV. General means: Termination of the trial due to an out-of-court-settlement or incidental loss of purpose; the special case of enervation or eviction. V. "Dismissal" and "archival" of the trial for causes distinct from the deposition of the parties.

A) Teaching and learning methodology:

Lecture classes, completion of case studies/problem-solving exercises, essentially based on Court jurisprudence. In addition, simulations and observations will be undertaken.

B) Teaching modes:

1. Lecture classes: explanation of the content of the programme throughout the course.
2. Practical classes: completion and argument based responses to practical questions linked to the programme's range of content. The jurisprudence contained in Court decisions, recordings of real proceedings and the simulation of proceedings in the visits classroom will be used as a fundamental tool to work with.
3. Current issues forum: through the corresponding section of the course web page current issues that affect Spanish legal practice will be debated. On occasion these issues will be addressed in some of the practical classes.
4. Group work: groups of students will undertake assignments in order to work on some of the practical questions; these will later provide a basis for debate in the assigned practical class.
5. Tutorials: as a rule of a virtual nature. On the course web page a chat forum will be created in which, at specified times, one of the course lecturers will answer questions raised during study sessions. Questions considered relevant may also be sent via email, which will be addressed individually or discussed in class.

C) Outline of the competences that should be acquired by the student:

Conflict mediation, negotiation and management will be worked on in the practical classes through the presentation and discussion of group work and analysis of real scenarios; these two competences will be developed simultaneously through this approach.

ASSESSMENT BREAKDOWN

Short Bibliography:
Legislation
- Law on Civil Procedures 1/2000 with the complementary legislation
- 1985 Organic Law on the Judicial Power

Short bibliography

Due to the constant modifications being applied to this area of Law, the recommended textbooks to be used must be editions published from 2014 onwards in spite of the guidelines given in class on this issue as well as those published on the course webpage in Moodle. The reference textbooks are:

- ORTELLS RAMOS, Derecho Procesal Civil.
- MONTERO AROCA et al., Derecho Jurisdiccional I Parte General and Derecho Jurisdiccional II Proceso Civil.
- GIMENO SENDRA, Derecho Procesal Civil. I. El proceso de declaración. Parte general.
- RIFÁ SOLER et al., 'Derecho Procesal Civil'.
- ROBLES GARZÓN, Conceptos básicos de Derecho Procesal Civil.

Group	Teacher	Department
	Francisco Peláez Sanz	Derecho