This learning unit is not open to incoming exchange students!
Teacher(s)
Language
French
Main themes
The first part of the course examines the various insolvency procedures (bankruptcy, judicial reorganisation, transfer under court authority, collective debt settlement).
The second part is devoted to security interests: general principles of creditors' rights of action, security interests in rem and personal security interests. Both security interests (pledges, preferential right, mortgages and practical security interests) and personal security interests (suretyship contract, joint liability and practical security interests) are systematically defined and examined. The main hypotheses of conflicts between security holders are solved.
The second part is devoted to security interests: general principles of creditors' rights of action, security interests in rem and personal security interests. Both security interests (pledges, preferential right, mortgages and practical security interests) and personal security interests (suretyship contract, joint liability and practical security interests) are systematically defined and examined. The main hypotheses of conflicts between security holders are solved.
Content
The primary objective of the course is to enable students to understand and assimilate the fundamental rules of Belgian insolvency law. Drawing on the knowledge acquired at the end of the bachelor's degree programme in law, the course enables students to mobilise this knowledge (law of obligations, property law, commercial law, judicial law, contract law). The course develops also students' skills in the practical application of legal rules. Finally, the course will encourage students to consider the rules critically.
With regard to the knowledge taught, the first part of the course is devoted to examining the various insolvency procedures: bankruptcy, transfer, judicial reorganisation procedure, collective debt settlement, deficit liquidation. For each of these procedures, the conditions under which they can be opened, the way they operate and the rights of creditors are examined.
The second part deals with security law. Firstly, the principle of the uniform subjection of the debtor's assets and the principle of the equality of creditors will be studied. The course continues with a systematic study of the main security interests. After analysing the common features of these securities, the various types of pledge and privileges on movable and immovable property are examined in turn. The main conflicts between holders of security interests are also examined. Finally, attention is turned to personal securities. In this respect, surety bonds occupy a special place, being the only personal surety regulated as such by law. There is also a place for joint and several liability and for personal sureties that have arisen in practice, in particular first-demand guarantees. The course presupposes knowledge of the law of obligations, contracts and property (real rights).
With regard to the knowledge taught, the first part of the course is devoted to examining the various insolvency procedures: bankruptcy, transfer, judicial reorganisation procedure, collective debt settlement, deficit liquidation. For each of these procedures, the conditions under which they can be opened, the way they operate and the rights of creditors are examined.
The second part deals with security law. Firstly, the principle of the uniform subjection of the debtor's assets and the principle of the equality of creditors will be studied. The course continues with a systematic study of the main security interests. After analysing the common features of these securities, the various types of pledge and privileges on movable and immovable property are examined in turn. The main conflicts between holders of security interests are also examined. Finally, attention is turned to personal securities. In this respect, surety bonds occupy a special place, being the only personal surety regulated as such by law. There is also a place for joint and several liability and for personal sureties that have arisen in practice, in particular first-demand guarantees. The course presupposes knowledge of the law of obligations, contracts and property (real rights).
Teaching methods
Teaching takes the classic form of a lecture in the auditorium, supported by a powerpoint presentation (the presentation used is distributed after each class session, via the Moodle platform), as well as four hours of monitoring in the auditorium. The monitoring sessions are conducted by assistants, under the responsibility of the professor.
If the situation, particularly in terms of health, so requires, the course (including the monitoring courses) may be given at a distance.
If the situation, particularly in terms of health, so requires, the course (including the monitoring courses) may be given at a distance.
Evaluation methods
Assessment takes the form of a traditional closed-book written examination (with the exception of unannotated Codes, which students may bring with them). The Code essentiel Insolvabilité et garanties 2024 (Larcier) is recommended.
In the Code(s) brought to the examination, in accordance with the guidelines suggested by the Master of Laws Commission, the student is allowed to :
- underline or highlight words or phrases;
- circle words (not single letters);
- indicate references by number from article to article accompanied, where appropriate, by the initials of the corresponding Code (e.g. C. civ. for Code civil). Please note that these numerical references must be limited to what is strictly necessary.
Post-it notes’ may be used, but they must not include any annotation.
The students can bring a calculator (not their mobile phone or smartphone).
The examination will cover the entire course, i.e. both the lecture and the monitoring sessions.
The examination may include questions on restitution, comprehension, analysis, synthesis, case studies and case law commentaries.
The language of assessment is French.
If the situation, particularly in terms of health, so require, the review may take a different for
In the Code(s) brought to the examination, in accordance with the guidelines suggested by the Master of Laws Commission, the student is allowed to :
- underline or highlight words or phrases;
- circle words (not single letters);
- indicate references by number from article to article accompanied, where appropriate, by the initials of the corresponding Code (e.g. C. civ. for Code civil). Please note that these numerical references must be limited to what is strictly necessary.
Post-it notes’ may be used, but they must not include any annotation.
The students can bring a calculator (not their mobile phone or smartphone).
The examination will cover the entire course, i.e. both the lecture and the monitoring sessions.
The examination may include questions on restitution, comprehension, analysis, synthesis, case studies and case law commentaries.
The language of assessment is French.
If the situation, particularly in terms of health, so require, the review may take a different for
Online resources
The powerpoint presentation that supports the lecture is distributed progressively after each class session via the Moodle platform.
Bibliography
Une bibliographie sélective sera fournie lors des séances de cours.
Teaching materials
- Codes essentiels 2024 Insolvabilité et garanties (Larcier)
Faculty or entity
