Property Law

Teacher(s)

Bernard Nicolas;

Language

French

Learning outcomes

At the end of this learning unit, the student is able to :

At the end of the course students will be familiar with such theoretical concepts as right in rem, the concept of property, and possession. What is more, they will juggle easily with the various rights in rem of possession whilst being able to compare them, if necessary. Finally, they will be able to dissect the whys and wherefores of a court ruling and to connect the main lessons thereof with the appropriate provisions of the lecture material.

Content

The entire course revolves around Belgium's 2020 property law reform. It will go through the various titles in Book 3 that has been inserted in the new Civil Code and study the following rights in rem or real rights in succession: ownership, co-ownership, easements, usufruct, emphyteusis, and surface rights. A series of cross-cutting notions will be tackled in parallel with the above. They include possession, transcription, common ownership or party boundaries, property, putting up security, and neighbourhood disturbances. Contemporary illustrations of the following notions will be given: pawning possessions (pawnshops), emphyteusis or “99-year leases” (Louvain-la-Neuve), and surface rights (Etterbeek). Accounts of many court rulings (including those of European courts) will stud the lectures

Evaluation methods

Written exam. Students will be graded on their mastery of the lecture material and their understanding of the case-law examples studied during the seminars. One question in particular will address the subjects covered in the seminars (except for KUL Brussel students and students on staggered schedules).

Other information

Course materials:
• N. BERNARD, Le droit des biens après la réforme de 2020 (with V. Defraiteur), Limal, Anthemis, 2020.
• A compendium of court rulings.
• A PowerPoint presentation giving the course outline, articles of law, and references to court rulings.

Bibliography

Voir les notes infrapaginales du syllabus

Faculty or entity

DRTB