- Code
- LAW 317
- Name
- Procedurë Civile I
- Semester
- Lecture hours
- 3.00
- Seminar hours
- 1.00
- Laborator hours
- 0.00
- Credits
- 3.50
- ECTS
- 6.00
- Description
-
Civil procedural law, as one of the parts of the law, studies the rules of the development of the civil process, which make it possible to give justice by guaranteeing both the integrity of the legal order, as well as the subjective material rights of different subjects, whether in their mutual relations , even against the bodies of public power and offering these subjects the legal means for the protection of their legal rights and interests. Through this course, students will acquire knowledge on the principles, issues of competence and jurisdiction, various procedural acts, that is, the trial in the first instance as a whole.
- Objectives
-
The purpose of this program is to equip students with the in-depth knowledge to deal professionally with civil court proceedings. Upon completion of this level of studies, the student should be able to search, analyze and solve theoretical or practical problems and issues of civil procedural law. Through seminars integrated with lectures, debates and class discussions, students will be able to touch closely the most important topics of the course.
- Java
- Tema
- 1
- Meaning of Civil Procedural Law, Sources, History of Albanian Procedural Civil Law; The relationship of civil procedural law with other branches of law; The power of procedural law in time and space; Interpretation of civil procedural law norms. Literature: "Civil Procedure" Edition 2, Flutura Kola Tafaj, Asim Vokshi, ALbas Publishing House, Tirana 2018, Pg. 9-50
- 2
- Basic principles of civil procedural law: the principle of legality, impartiality of the court; the principle of contradiction; of equality of arms; availability; the principle of the right of defense in the trial; the principle of judgment within a reasonable time; Literature: "Civil Procedure" Edition 2, Flutura Kola Tafaj, Asim Vokshi, ALbas Publishing House, Tirana 2018, Pg. 51-80
- 3
- Basic principles of civil procedural law: the principle of process economy; the principle of non-mediation, Literature: "Civil Procedure" Edition 2, Flutura Kola Tafaj, Asim Vokshi, ALbas Publishing House, Tirana 2018, Pg. 80-105
- 4
- Judicial process and arbitration: The meaning of the civil procedural legal relationship; the elements of the civil procedural legal relationship; Civil judicial process; The parties in the civil judicial process; Procedural and real legitimation. Literature: "Civil Procedure" Edition 2, Flutura Kola Tafaj, Asim Vokshi, ALbas Publishing House, Tirana 2018, Pg. 108-140
- 5
- Judicial process and arbitration: The third person in the civil trial: voluntary, mandatory intervention, the procedural rights of the third person. Procedural institutes related to arbitration. Literature: "Civil Procedure" Edition 2, Flutura Kola Tafaj, Asim Vokshi, ALbas Publishing House, Tirana 2018, Pg. 140-180
- 6
- The lawsuit in the civil judicial process: The general meaning of the lawsuit, the lawsuit in the material and procedural sense, the effects of filing the lawsuit in court, jurisdiction and res iudicata, the transfer of the lawsuit. Literature: "Civil Procedure" Edition 2, Flutura Kola Tafaj, Asim Vokshi, ALbas Publishing House, Tirana 2018, Pg. 181-217
- 7
- Lawsuits in the civil judicial process: types of lawsuits, lawsuits, lawsuits for recognition, insurance lawsuits, enforcement lawsuits. The elements of the lawsuit: the subjects, the object, the cause of the lawsuit. Literature: "Civil Procedure" Edition 2, Flutura Kola Tafaj, Asim Vokshi, ALbas Publishing House, Tirana 2018, Pg. 217-273
- 8
- Midterm Exam
- 9
- The lawsuit in the civil judicial process: The lawsuit as a procedural act; the content of the lawsuit; the behavior and actions of the defendant against the demands of the defendant, the insurance of the claim and the rules for determining the value of the claim. Literature: "Civil Procedure" Edition 2, Flutura Kola Tafaj, Asim Vokshi, ALbas Publishing House, Tirana 2018, Pg. 273-325
- 10
- Jurisdiction and competence: Types of jurisdiction; the relationship of the judicial jurisdiction with other jurisdictions; the principle of perputatio fori' derogation from the Albanian judicial jurisdiction, the opposition of the jurisdiction. Literature: "Civil Procedure" Edition 2, Flutura Kola Tafaj, Asim Vokshi, ALbas Publishing House, Tirana 2018, Pg. 329-380
- 11
- Jurisdiction and competence: Types of competences, functional, substantive, territorial competences, Lis Pendens-a, opposition to competence Literature: "Civil Procedure" Edition 2, Flutura Kola Tafaj, Asim Vokshi, ALbas Publishing House, Tirana 2018, Pg. 386-450
- 12
- Procedural acts and deadlines: the forms of the procedural act, the content of the procedural act, different procedural acts. Notification of procedural acts: written, electronic notification. notification of procedural acts of foreign countries Literature: "Civil Procedure" Edition 2, Flutura Kola Tafaj, Asim Vokshi, ALbas Publishing House, Tirana 2018, Pg. 460-484
- 13
- Procedural acts and deadlines: Invalidity of procedural acts: absolute and relative invalidity; renewal of procedural acts; procedural deadlines, reinstatement on time. Literature: "Civil Procedure" Edition 2, Flutura Kola Tafaj, Asim Vokshi, ALbas Publishing House, Tirana 2018, Pg. -485-522
- 14
- Evidence in the civil judicial process: General meaning of proof, classification of proof, object of proof, burden of proof, types of proof Literature: "Civil Procedure" Edition 2, Flutura Kola Tafaj, Asim Vokshi, ALbas Publishing House, Tirana 2018, Pg. 531-572
- 15
- Evidence in the civil judicial process: types of evidence in the civil process, examination of persons, objects and examination on the spot and experiment, provision of evidence. Literature: "Civil Procedure" Edition 2, Flutura Kola Tafaj, Asim Vokshi, ALbas Publishing House, Tirana 2018, Pg. 572-600
- 16
- Final Exam
- 1
- Students will have a thorough knowledge of civil procedure and will be familiar with the concepts, principles and general rules of civil procedure.
- 2
- Students will be able to search, analyze and solve problems and theoretical or practical issues of civil procedural law.
- 3
- Students will be equipped with information and judicial practice sufficient to provide solutions to concrete issues related to procedural elements
- 4
- Students will be introduced to the different types of evidence in the civil process as well as the ways of obtaining them.
- 5
- Students will be equipped with detailed information about appealing court decisions at the relevant levels of judgment.
- Quantity Percentage Total percent
- Midterms
- 1 40% 40%
- Quizzes
- 0 0% 0%
- Projects
- 0 0% 0%
- Term projects
- 0 0% 0%
- Laboratories
- 0 0% 0%
- Class participation
- 0 0% 0%
- Total term evaluation percent
- 40%
- Final exam percent
- 60%
- Total percent
- 100%
- Quantity Duration (hours) Total (hours)
- Course duration (including exam weeks)
- 16 4 64
- Off class study hours
- 14 3 42
- Duties
- 0 0 0
- Midterms
- 1 20 20
- Final exam
- 1 25 25
- Other
- 0 0 0
- Total workLoad
- 151
- Total workload / 25 (hours)
- 6.04
- ECTS
- 6.00