European Union Law Law

Civil Procedure in Portugal

By Alexandre Dias Pereira
Kluwer Law International June 2024

Specifications

ISBN-13
9789403522685
Publisher
Kluwer Law International
Publication
June 2024
Format
Paperback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in Portugal. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules.

The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.

Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Portugal will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.

Table of Contents

List of Abbreviations
Preface
General Introduction

Part I. Judicial Organization
Chapter 1. The Courts and Their Members
Chapter 2. The Bar
Chapter 3. The Bailiffs
Chapter 4. Ombudsman (‘Provedor de Justiça’)

Part II. Jurisdiction Chapter
Chapter 1. Domestic Jurisdiction
Chapter 2. International Jurisdiction

Part III. Actions and Claims
Chapter 1. Actions
Chapter 2. Claims and Defences
Chapter 3. Sanctions on Procedural Irregularities

Part IV. Proceedings
Chapter 1. Pre-trial Proceedings
Chapter 2. Proceedings in First Instance
Chapter 3. Review Proceedings

Part V. Incidents

Part VI. Legal Aid and Legal Costs
Chapter 1. Legal Aid
Chapter 2. Legal Costs

Part VII. Evidence
Chapter 1. Burden of Proof
Chapter 2. Admissibility of Evidence
Chapter 3. Administration of Evidence

Part VIII. Particular Proceedings
Part IX. Conservatory Attachment and Enforcement of Judgments
Chapter 1. Conservatory Attachment (‘Penhora Judicial’)
Chapter 2. Enforcement of Judgments

Part X. Out-of-Court Dispute Resolution
Chapter 1. Arbitration
Chapter 2. Mediation
Chapter 3. Other Types of Out-of-Court Dispute Resolution, Such as Collaborative Lawyering

Selected Bibliography
Index
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