Important notice
The course guide is provisional.
The PDF version of the course guide may take a few days to become available in the DDD.
Legal Representation in the Different Jurisdictional Bodies
Code: 45036Credits: 6
| Degree programme | Type | Course |
|---|---|---|
| Legal Profession and Legal Representation | OB | 1 |
Contact lecturer
- Name :
- Arantza Libano Beristain
- Email :
- arantza.libano@uab.cat
Group languages
You can consult this information at the end of the document.
Prerequisites
It is essential to have the Degree in Law.
Objectives
The contents are based on a theoretical and practical exposition on the procedural regulations directly related to the exercise of the Attorney function, especially legal mandate, the representation before the different jurisdictions and the notification acts carried out actively by the attorney.
Likewise, especial attention is paid to the use of information technologies in the Justice Administration and to the calculation of court fees.
Learning outcomes
- CA08 (Interact appropriately with members of the general public, institutions and other professional practitioners.) Interact appropriately with members of the general public, institutions and other professional practitioners.
- KA8 (To determine the appropriate legal instrument to represent the interested parties before third parties, before the public administrations and before the courts.) To determine the appropriate legal instrument to represent the interested parties before third parties, before the public administrations and before the courts.
- KA9 (Identify the legal acts that require, for their effectiveness, notarial intervention and those that require registration.) Identify the legal acts that require, for their effectiveness, notarial intervention and those that require registration.
- SA19 (Appropriately apply procedural techniques in the execution of actions in different jurisdictions, with special attention to deadlines, official notices, execution and enforcement.) Appropriately apply procedural techniques in the execution of actions in different jurisdictions, with special attention to deadlines, official notices, execution and enforcement.
- SA20 (Deliver proper, effective notices to and on behalf of the parties involved in legal proceedings.) Deliver proper, effective notices to and on behalf of the parties involved in legal proceedings.
- SA21 (Clearly and precisely differentiate private interests represented by legal professionals from those of a public nature whose execution is required by the law and the courts, with regard to collaboration with the execution of court resolutions.) Clearly and precisely differentiate private interests represented by legal professionals from those of a public nature whose execution is required by the law and the courts, with regard to collaboration with the execution of court resolutions.
- SA22 (Use the most pertinent techniques in each case aimed at the identification and liquidation of customs duties, tax obligations, the constitution of legal deposits and attention to whatever expenses and costs are necessary to guarantee the effective judicial protection of the rights of represented parties.) Use the most pertinent techniques in each case aimed at the identification and liquidation of customs duties, tax obligations, the constitution of legal deposits and attention to whatever expenses and costs are necessary to guarantee the effective judicial protection of the rights of represented parties.
- SA23 (Make use of judicial procedures, protocols, systems and applications as required for issue of notices and for cooperation with the Department of Justice, with special attention to those of an electronic or digital nature.) Make use of judicial procedures, protocols, systems and applications as required for issue of notices and for cooperation with the Department of Justice, with special attention to those of an electronic or digital nature.
Contents
1. THE PRACTISE OF ATTORNEYS
The regulatory framework of attorneys.
Litigation representation in comparative law.
Requirements for practising the profession.
The current role of attorneys and future prospects.
The scope of professional activity: Representation and Collaboration.
The mandatory nature of professional intervention.
The mandate contract in the professional practice of attorneys.
Forms of authorisation and types of powers of attorney.
Procedural treatment of lack of representation.
2. JUDICIAL NOTIFICATIONS
Introduction: Procedural acts.
Judicial notifications: Concept, legal nature and types.
The timing of notification. The effectiveness of judicial notifications and their impact on the calculation of procedural time limits.
Working days and hours. The designation of working days and hours.
The calculation of procedural time limits.
The attorney's responsibility for compliance with procedural time limits.
The place of judicial notification.
The Court Registry.
Address. Special reference to the "virtual address".
The place of judicial notification in enforcement proceedings.
Recipients of notification.
Methods of judicial notification.
Service through attorney. The role of passive representation. The involvement of the Associations in acts of judicial notification: The Service for the Receipt of Notifications and Forwarding of Copies and the Service for Acts of Judicial Notification.
Communication by post.
Communication by electronic means. LexNET as a platform for the secure exchange of information. Other permitted means of electronic communication.
Communication by personal delivery. Particular reference to the service of process in summary proceedings for the protection of possession of illegally occupied dwellings.
Communication by public notice. Circumstances in which this is applicable. Operation of the Single Judicial Notice Board.
The attorney as the active party in carrying out acts of notification.
The attorney’s power to certify. The issuance of certificates and service records. Templates.
The specific regime governing the attorney’s liability when carrying out procedural acts of notification.
The execution of orders, letters rogatory and official communications by the attorney.
Regime governing the invalidity of acts of notification. Legal remedies.
The transmission of copies between attorneys.
International legal cooperation in matters of acts of notification.
International judicial assistance.
International service of documents.
International evidence.
Foreign law in proceedings.
Resolution of practical case studies.
3. PROFESSIONAL CONDUCT IN ENFORCEMENT PROCEEDINGS
A) THE ROLE OF THE ATTORNEY IN CIVIL ENFORCEMENT
Notifications issued by the attorney in enforcement proceedings.
The attorney’s role in investigating the debtor’s assets.
Role in monetary enforcement: Seizure of assets, re-seizure and seizure of surplus assets; measures to secure the seizure; valuation of seized assets. Judicial deposit as a security measure. The role of the Association as depositary. Deposit service: Operation and functioning.
Role in third-party proceedings (ownership and superior rights).
Role in the compulsory realisation phase of assets. Realisation agreement. Realisation by a specialised person or entity. Judicial auction. The role of the Associations as specialised entities. Attorneys’ Auction Portal.
Role in mortgage enforcement proceedings. Demand for payment. Order for certification of encumbrances. Auction. Decree of Award and Order of Discharge. Special regime for the principal residence. Eviction and taking possession.
Role in non-monetary enforcement. Eviction.
Role in precautionary measures.
B) THE ROLE OF THE ATTORNEY IN INSOLVENCY PROCEEDINGS
Role in the context of insolvency proceedings.
The rights of attorneys as claims against the estate. The obligation to pay for court orders and notices.
Realisation of assets: The Insolvency Administration and the Attorneys’ Associations as specialist bodies. Attorneys’ Auction Portal.
C) THE ROLE OF THE ATTORNEY IN CRIMINAL ENFORCEMENT
Role in the criminal justice system. Handling civil liability in enforcement proceedings.
Assets confiscated in criminal proceedings. Associations as custodians of seized movable property. Custody Service: Operation and functioning.
D) THE ROLE OF THE ATTORNEY IN THE ENFORCEMENT OF LABOUR AND CONTENTIOUS-ADMINISTRATIVE JURISDICTIONS
Main procedures.
Waiting period. Supplementary provisions of the "LEC".
E) THE ROLE OF THE ATTORNEY IN THE ENFORCEMENT OF EUROPEAN ENFORCEABLE TITLES
Enforcement systems in Europe: Types and effectiveness.
International service of documents. Tracing of addresses. Notifications. Summonses. Payment demands. Seizure of assets.
Recognition of foreign enforcement orders and ecclesiastical decisions.
Enforcement professionals in European comparative law. The enforcement agent.
The Global Code of Digital Enforcement.
F) PROCEDURAL CLAIMS AND PUBLIC REGISTERS. SPECIAL REFERENCE TO REAL ESTATE REGISTRATION LAW. COOPERATION WITH THE NOTARIAL PROFESSION
Public registers: Types. Principles of registration.
The Civil Register.
The Commercial Register. The Registers of Immovable and Movable Property.
Commencement of the registration procedure: The entry of presentation and its effects. Registrable titles: in particular, judicial documents and their assessment. The registered owner and the principle of successive title. The registered property: registration and its methods, and amendments to property records. Rights and legal situations entered in the Register. Entries made in the Register: registration, cancellation, marginal notes and annotations; circumstances, characteristics and, where applicable, termination. Specific study of the different types of annotation: those relating to legal proceedings, attachment, extension and renewal, inheritance rights and others. Registry aspects of mortgage enforcement proceedings; the effectiveness of the so-called principle of priority of registration.
Judicial and extrajudicial means of challenging the registration classification.
Cross-cutting Registry Law. Other Registers. The Public Insolvency Register. The Central Register of Civil Contempt of Court Offenders. The Central Register of Convicted Offenders and Contempt of Court Offenders.
G) LITIGATION AND COLLABORATION WITH THE NOTARIAL PROFESSION
Requirements for powers of attorney in legal proceedings.
The role of the attorney in the notarisation of court judgments, mediation agreements and arbitration awards.
The role of the attorney in voluntary jurisdiction proceedings falling within the notarial jurisdiction. Types of proceedings. Special mention: Declaration of heirs in cases of ab intestate succession. Property title proceedings.
H) RESOLUTION OF PRACTICAL CASES AND DRAFTING OF PROFESSIONAL DOCUMENTS
Resolution of practical cases.
Drafting of professional and procedural documents.
Learning activities and methodology
| Title | Hours | ECTS | Learning outcomes |
|---|---|---|---|
| Masterclasses | 37.5 | 1.5 | |
| Workshops: work preparation, resolution of case studies, readings | 37.5 | 1.5 | |
| Study and reading of materials, preparation of papers and reports. Sitting the exam and tests | 58 | 2.32 |
During the course, the following activities, with specific methodologies in each case, will be carried out:
Expositive classes
Case resolution classes
Preparation of reports and exercises
Oral presentation of activities
Assessment
Continuous assessment activities
| Title | Weight | Hours | ECTS | Learning outcomes |
|---|---|---|---|---|
| Continuous evaluation | 50% | 15 | 0.6 | CA08, KA8, KA9, SA19, SA20, SA21, SA22, SA23 |
| Final exam | 50% | 2 | 0.08 | KA8, KA9, SA19, SA20, SA21, SA22, SA23 |
1. Continuous assessment:
50 per cent of the final mark for the module (5 out of 10) will be based on the score achieved in the continuous assessment activities. The remaining 50 per cent (5 out of 10) is based on the result of the final exam.
1.1. Continuous assessment activities:
The specific number and format of the continuous assessment activities is determined by the course teaching staff and published on the Virtual Campus. Such continuous assessment activities may take place in approximately 50 per cent of the scheduled sessions.
Absences from these activities, whether justified or not, cannot be made up at a later date, except in very specific cases (for example, prolonged absences due to health reasons or similar circumstances).
Continuous assessment activities comprise two types of activities:
1.1.1. Assessable practical activities (writing assignments, solving case studies, etc.), which are listed in the course calendar and/or announced in advance.
1.1.2. Short questionnaires (short-answer questions, true or false questions, multiple-choice questions, etc.) completed in class on dates and at times that are not announced in advance.
1.2. Final examination:
This consists of a multiple-choice test comprising 50 questions, modelled on the Ministry of Justice’s entrance examination (four answer options, with a penalty of -0.33 for each incorrect answer).
The final exam will be taken into account provided a minimum score of 3 points (out of 10) is achieved. Anyone who obtains a mark of less than 3 points (out of 10) in the final exam will not pass the module.
Students who have obtained a mark of less than 5 points (out of 10) in the exam but 3 points (out of 10) or more may sit the exam again to retake it. This re-assessment will only affect the exam score; it will not affect the marks for continuous assessment activities, which will remain unchanged.
2. Single assessment:
Candidates opting for the single assessment will sit the following three activities:
1) A multiple-choice test comprising 50 questions (50 per cent)
2) Drafting a procedural document or completing a case study (25 per cent)
3) Completion of a practical case study or drafting of a procedural document different to the one mentioned above (25%)
The second and third activities will last approximately 4 to 5 hours and will take place at a time specifically set by the module coordination. During the second and third activities, candidates may consult legislation, but may not access computer resources.
To pass the single assessment, candidates must achieve a minimum mark of 5 points across the three activities. Candidates who do not achieve this score but who have a minimum mark of 3 points (out of 10) may resit an examination.
Bibliography
-ACHÓN-BRUÑÉN, María José, Las costas procesales y las denominadas juras de cuentas, J.M. Bosch, 2008
-ALONSO-TIMÓN, Antonio Jesús / LÓPEZ-ÁLVAREZ, María José / VEGA-LABELLA, José Ignacio / CARRETERO-GONZÁLEZ, Cristina / DÍEZ-RIAZA, Sara / GISBERT-POMATA, Marta (Coords.), Acceso a la Abogacía y la Procura 2024, Francis Lefebvre, 2024.
-ARNALDO-ALCUBILLA, Enrique (Dir.), Practicum Procuradores 2023, Aranzadi, 2023.
-ASO-ROCA, Jaume / FERNÁNDEZ-LÓPEZ, Sonia María, El Procurador de los Tribunales como eficaz colaborador de la Administración de Justicia, Juruá, 2022.
-ASO-ROCA, Jaume / FERNÁNDEZ-LÓPEZ, Sonia María, La gestión económica de la Procura y el nuevo arancel de derechos, Bosch, 2025.
-BONET-NAVARRO, José / IVARS-RUIZ, Joaquín / SÁNCHEZ-RICARDO, Juan / LLANOS-PITARCH, José María, Abogado y Procurador en la Ley de Enjuiciamiento Civil, Aranzadi, 2003.
-CACHÓN-CADENAS, Manuel, Introducción al enjuiciamiento civil, Atelier, latest edition.
-CACHÓN-CADENAS, Manuel, La ejecución procesal civil, Atelier, latest edition.
-DÍEZ-RIAZA, Sara, La procuraduría, Universidad Pontificia Comillas, 1997.
-ESCUDERO-MORATALLA, José Francisco / MOREJÓN-VILLANUEVA, Vanesa / FERRER-ADROHER, Mercè / CORCHETE-FIGUERAS, Daniel, El poder de representación para litigar, Aferré, 2021.
-MARTÍ-MARTÍ, Joaquín, La responsabilidad civil del abogado, del procurador y de sus sociedades profesionales, Bosch, latest edition
-MARTINEZ-GONZALEZ, Margarita / PEDROSA-PRECIADO, Laura, Manual práctico sobre la tasación de costas procesales, Experiencia, latest edition [Electronic document].
-RAMOS-MÉNDEZ, Francisco, El juicio civil, Atelier, latest edition.
Software
The subject does not require any specific software.
Course groups and languages
The information provided is provisional until November 30. After this date, you will be able to consult the language of each group through this link. To access the information, you will need to enter the course CODE
| Type of teaching | Group | Language | Semester | Shift |
|---|---|---|---|---|
| (TEmRD) Teoria (màster RD) | 1 | Catalan/Spanish | annual | afternoon |
| (TEmRD) Teoria (màster RD) | 2 | Catalan/Spanish | annual | afternoon |