Teacher(s)
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
Teaching methods
Lecture course, given on Wednesdays from 5:15 p.m. to 7:15 p.m. - because it is common at staggered times ("horaire décalé").
With the dual aim of introducing students to the new regulations and teaching them to decode legislation in a critical manner, a powerpoint is projected throughout the presentation containing the content of the articles from book 3 commented on (with highlighted passages). The course therefore consists of dissecting these different provisions and putting them into perspective.
Interactivity with the audience is stimulated, thanks to a wooclap system.
For the purposes of both providing empirical illustrations to the theoretical presentation and showing contemporary applications of property law concepts, around thirty court decisions (mainly Belgian but also european) will be retraced.
Finally, three seminar sessions (without casus), given by Vincent Defraiteur, are open (without obligation) to those who want to deepen the course or simply understand it better. They are based on court decisions (several of which were seen during the course), which it is therefore important to have read beforehand.
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.
• 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
