Derecho Procesal II (GED70101)

General information

Type:	OB	Curs:	3	Period:	S semester
ECTS Credits:	3 ECTS

Teaching Staff:

Group	Teacher	Department	Language
Sec: A	Francisco Peláez Sanz	Derecho	ESP

Group	Teacher	Department	Language
Sec: B	Francisco Peláez Sanz	Derecho	ESP

Group	Teacher	Department	Language
Sec: C	Francisco Peláez Sanz	Derecho	ESP

For the standard format, students need to be familiar with the content of the Procedural Law I course.
For the extended format, students need to have passed the Procedural Law II course.

The content of the Procedural Law I course (standard format) and Procedural Law II course (extended format).

Workload distribution:
- In-class activities (class participation): 50% of total credits
- Independent study: 50% of credits

This course teaches students how to use the different instruments, tools and actions in declarative civil proceedings.

STANDARD FORMAT:
-Be familiar with all the instruments, tools and actions available in declarative civil proceedings.
-Know how to prepare and draft the different written documents, including the initial allegations in declarative civil proceedings as well as other documents and actions necessary for said proceedings: propose evidence, the method of gathering evidence, reach conclusions, present appeals, etc.
-Begin practicing oral skills to communicate and take part in court proceedings.

EXTENDED FORMAT:
- Be familiar with the different general proceedings and the special declarative proceedings in Civil/Mercantile cases as regulated by Law. Special emphasis will be on those that are used the most for day-to-day court activity.
- Be familiar with alternative dispute mechanisms.
- Be familiar with general questions and non-contentious (voluntary) proceedings.

21. To acquire values and ethic principles

3. Taking decisions / making judgments

1. SUBJECT STRUCTURE This sbuject consists of two parts: I. STANDARD FORMAT, including the following topics: the aim of declarative proceedings; first instance; second instance and extraordinary appeals; effects of the declarative process; procedural crises. II. EXTENDED FORMAT, including the following topics: declarative proceedings; alternative means to resolve conflicts; non-contentious (voluntary) proceedings.

2. THE AIM OF DECLARATIVE PROCEEDINGS I. The aim is to teach students to identify actions in declarative proceedings as an objective of the latter as well as to know how proceedings with multiple objectives function. II. Thematic blocks (the corresponding chapters on which these are based are detailed on the course syllabus on the Moodle platform): 1. Proceeding objectives: the declared action as the objective of the proceeding; 2. Proceedings with multiple objectives: accumulation of actions and of proceedings.

3. FIRST INSTANCE I. The aim is to have an in-depth knowledge about the first of the objectives of the jurisdictional function (declare the Law), becoming familiar with all the different types of actions in declarative civil proceedings (though without analysing the different types of proceedings whether general or special). II. Thematic blocks (the corresponding chapters on which these are based are detailed on the course syllabus on the Moodle platform): 1. Preparing for the proceedings: preliminary diligence, settlement proceedings and prior administrative recourse; 2. Presenting allegations: Filing suit and possible actions by the party being sued; 3. Evidence stage: different types of proof and assumptions; 4. Termination: normal termination with a sentence; the parties' power to interrupt the proceedings (paralysation and abnormal termination).

4. THE SECOND COURT OF INSTANCE AND EXTRAORDINARY APPEALS I. The aim is for students to become familiar with the proceeding after the decision made by the first court, analysing the second court and proceedings resulting from extraordinary appeals if necessary. II. Thematic blocks (the corresponding chapters on which these are based are detailed on the course syllabus on the Moodle platform): 1. The second instance: substantiating the appeal; 2. Extraordinary appeals: extraordinary appeal due to procedural errors; appeal in cassation; appeal in the interest of the Law.

5. EFFECTS OF DECLARATIVE PROCEEDINGS I. The aim is for students to basically understand the legally settled matter as the first effect of a firm sentence ending declarative proceedings. In addition, we will analyse the cancellation or revocation of the legally settled matter. II. Thematic blocks (the corresponding chapters on which these are based are detailed on the course syllabus on the Moodle platform): 1. Legally settled matter (res judicata): formal and material; final decision which has not become res judicata. 2. Means to rescind or revoke res judicata; hearings for parties convicted though failing to appear; review of final sentences; the case of annulling proceedings.

6. PROCEDURAL CRISES I. The aim is to understand the primary issues which arise in the normal development of these proceedings. II. Thematic blocks (the corresponding chapters on which these are based are detailed on the course syllabus on the Moodle platform): 1. Pre-trial questions; 2. Incidental questions; 3. Suspension due to agreement by the parties.

7. DECLARATIVE PROCEEDINGS I. The aim is for students to learn about the different proceedings established by Law as well as their structure and how the most appropriate proceeding is determined, with special emphasis on general proceedings (ordinary and oral trials). II. Thematic blocks (the corresponding chapters on which these are based are detailed on the course syllabus on the Moodle platform): 1. Declarative proceeding order and determining the most appropriate one; 2. General declarative proceedings: ordinary and oral trials; general trials with specialisations; 3. Special declarative proceedings: non-dispositive (capacity, filiation and marriage); proceedings for the legal separation of assets; monitory and collection proceedings; 4. Proceedings with consumers and users.

8. ALTERNATIVE CONFLICT RESOLUTION MECHANISMS I. The aim is on the norms regulating arbitration and mediation as alternative means to resolve conflicts through declarative proceedings. II. Thematic blocks (the corresponding chapters on which these are based are detailed on the course syllabus on the Moodle platform): 1. Arbitration; and 2. Mediation.

9. NON-CONTENTIOUS (VOLUNTARY) PROCEEDINGS NON-CONTENTIOUS (VOLUNTARY) PROCEEDINGS The content will essentially focus on learning about these types of proceedings compared to contentious ones: their content and reason for being. We will examine the different legal documents issued by notary publics and registries and analyse the proceedings established for case files

I. In this course we apply a new methodology (based on the "flipped classroom") in which traditional teaching methods are changed or turned on their heads.

1. Students acquire knowledge on their own through the work and study they carry out at home. For this, faculty provide students with online material and questions for them to prepare, material associated to the theoretical content of the lessons, legal texts, jurisprudence, forms and current affairs. Students have to prepare the course topics in the order faculty indicate before attending class.
2. Classrooms are now a place for faculty to resolve students¿ questions and doubts about the topics analysed. Faculty will also ask questions about proceedings and the lesson content to ensure that students have acquired the appropriate knowledge. As a result, students¿ personal participation in class is an essential component of their learning. Faculty will especially assess students on their reasoning and how they present their knowledge orally. Faculty are not interested in rote memorisation. In addition, the classroom is a space for students to put what they have learnt into practice, thus focusing their efforts outside the class to personal study.
3. The faculty responsible for the course will prepare the study material. The latter is updated automatically whenever changes occur, thus saving time by not having to prepare class notes, manuals, etc. As this material is available online, faculty can take notes during class about the practical issues and any doubts that arise, adding these to the website section dedicated to the lesson. In addition, all students have access to the same study material.
4. This method is complemented by the faculty¿s ¿online¿ presence to help students when studying and preparing the course material:
a) Via a message board with student questions and doubts. Students can consult this message board at any time (solving one student¿s questions will probably solve another¿s).
b) Via "video chat" according to the times set aside by the faculty member for this (students can ask more personalised and precise questions which the faculty member will strive to resolve ¿in person¿).

II. Relation with the competencies students are expected to acquire

The lectures, group debates and analyses of real case studies serve to develop students' decision-making ability, the presentation of their opinions in complex situations as well as acquiring values and ethical principles. All these are developed simultaneously in class.

ASSESSMENT BREAKDOWN

Short bibliography

Legilsation
- Law on Civil Trials 1/2000 with complementary norms.
- Organic Law on the Judiciary dated from 1985

Manual
We will also use the following online manual: "DERECHO PROCESAL II (standard)" by Francisco José Peláez Sanz and published by THOMSON REUTERS (faculty will explain how to access this manual in class). This manual also students to consult all the complementary legal texts and material they might require.

Group	Teacher	Department
Sec: A	Francisco Peláez Sanz	Derecho

Group	Teacher	Department
Sec: B	Francisco Peláez Sanz	Derecho

Group	Teacher	Department
Sec: C	Francisco Peláez Sanz	Derecho