General commercial law (+ exercise sessions without casus)

The teaching unit (UE) offers basic training, specific to the Bachelor of Law programmes, on Belgian and European economic law. It offers students an initial structured approach to the different aspects of the companies' economic activity, including their relationships with other companies and consumers. 

The EU aligns with the objectives set out in the Manifesto for Law Education adopted by our Faculty in 2015 (R.I.E.J., 2016/1, Vol. 74, pp. 169-175). 

https://dial.uclouvain.be/pr/boreal/en/object/boreal%3A178251/datastream/PDF_01/view) 

The mastery of concepts, their application to concrete situations, and the development of a critical mindset are the general objectives of the EU. 

The 60-hour course is organised around the following subjects, examined primarily through the lens of Belgian law and, where appropriate, supplemented by relevant European directives and regulations:
I.          Introduction: presentation of the general theory of business law
The course begins with a broad introduction to business law, covering its history, the definition, or rather the various company definitions within the Code of Economic Law, as well as other non-codified legislation governing the subject, and the main principles and sources of this particular branch of private law.
It then focuses on identifying the rights and duties of a company, such as freedom of establishment and the provision of services, registration with the Crossroads Bank for Enterprises, and on studying specific rules that apply to it as exceptions to the so-called common law established by the new Civil Code (for example, the regime of free evidence).
II.        Introduction to Corporate Law
The second part of the course offers a general introduction to company law through the analysis of its fundamental concepts and principles, as well as a general presentation of the limited liability company.
 
III.       European competition law
This part of the teaching focuses on the prohibition of cartels and abuses of dominant positions.
After examining the conditions common to these anti-competitive practices, they are analysed in a specific way. The merger regime is also presented.
IV.       Market practices and consumer protection
Books VI and XII of the Code of Economic Law, which cover respectively market practices and consumer protection, are then discussed.
Particular attention is given to the prohibition of unfair (market/commercial) practices, the regime of unfair terms now applicable to both B2C and B2B (linking here with the common law of the new Civil Code), as well as the special rules related to digital technology, in particular with a view to the conclusion of online/distance contracts.

The teaching is lecture-based and given in French.

It is based on the Manual of Corporate Law (Anthemis, 2024) (see below "Compulsory course materials").
Three 1h30 practical sessions are led by an experienced assistant (Nicolas Daubies). Two sessions deepen knowledge in lecture topics, and the third prepares students for the written exam.

1° Subject matter subject to the evaluation

Unless otherwise specified by the teachers, the evaluation of the teaching unit (UE) focuses exclusively on the subject taught during the lecture as well as the documents analysed during it.
The evaluation always covers, of course, the teaching provided during the academic year in which it takes place.
Students’ attention is drawn to the difficulty and level of expectation of the course. The material is extensive and requires both “vertical” and “transversal” as well as reflective study. This level of difficulty can only be overcome through regular class attendance, consistent study of the subject, and, when necessary, consultation with teachers whenever certain points remain unclear.
 
2° Type of evaluation
In the first and second sessions, the examination takes the form of a written evaluation.
The exam is graded out of 20.
Each teacher asks about the subjects he or she has specifically taught.
The examination may consist of knowledge-based questions, reflective questions, and/or the application of theoretical principles to concrete situations (e.g. a "mini" casus or a commentary on a decision that has or has not already been commented on in class).
3° Language of the evaluation
The evaluation takes place in French.
4° Evaluation criteria
In line with the learning outcomes identified above, the criteria used in the assessment are as follows:

• the ability to answer the question that is actually asked;
• the ability to reproduce the content of teaching in a synthetic, precise but complete way, by demonstrating its ability to distinguish the essential from the incidental and to "attach" particular questions to the more general frameworks to which they belong;
• the ability to legally qualify given factual situations;
• the ability to identify the relevant legal bases, to read them correctly and to propose their articulation correctly; this skill also assumes that the student demonstrates that he or she is already familiar with the exercise of using his or her codes;
• the ability to compare related concepts and mechanisms, including the ability to make connections between them in a relevant way;
• the ability to take a critical approach;
• the ability to reason and argue;
• the ability to express oneself in writing.

Rounding must, where appropriate, for the purpose of awarding the final mark of the UE (as it emerges from the addition of the marks obtained for each of the examination questions), be carried out by rounding down to the lower unit if the decimals do not reach 0.5, and by rounding up to the next unit if they reach it.
5° Authorised documents and annotations
For the duration of the written exam, students may only have

• their code(s) on the condition that they do not include summaries of case law;

A code BAC is on sale at the SVIB course materials service. It is specifically adapted for teaching. However, students remain free to choose their codes, but will, in any case, respect the general instructions set out below.

• specific laws related to the subject taught, if and only if they are not included in the code(s) carried and are printed in full from an official website, such as the Belgian Official Gazette especially (e.g. no copy/paste made by the student).

• case law decisions seen in court on the condition that they are published in their full version (no extracts or summaries of case law).

As far as the (only) authorized documents are concerned, students are admitted to:

• underlining or highlighting (fluorescent) words or phrases (not isolated letters or groups of letters);
• circle words (not isolated letters or groups of letters).
• make cross-references from one article to another, accompanied by the title of the corresponding standard, if necessary.

The use of post-it notes and other movable dividers is permitted, but only the title and date of the standard-setting instruments listed on the page marked may be indicated.
Anything not expressly permitted is prohibited.
A check of the documents is carried out at the beginning or during the examination.
Students also undertake not to take connected objects (mobile phones, watches, etc.) with them or nearby. These are placed in personal belongings.
Any non-compliance with the instructions will be brought to the attention of the president of the jury, without taking into consideration the intention or the good/bad faith of the student.
It is up to each student to personally ensure that these instructions are respected.

6° PEPS students
Reasonable accommodations linked to a FIFO status are positively received.
However, they are only implemented upon request to the teaching team by the PEPS Unit of the site's education administration (Mrs. Clara Wauthy).
Information on this support scheme is available at https://www.uclouvain.be/fr/aide/contact

It is available at a preferential rate at the SVIB (Syllanet) course materials service. Scholarship students and similar students also benefit from a 50% discount on this preferential rate.
PPTs are also available online for certain parts of the subject.

Students are invited to consult Moodle regularly.
Moodle is preferred for the sharing of information (general instructions, provision of PPTs, lesson plans, announcements, special legislation, etc.).
Additional details will be given by the teaching team if necessary.