Teacher(s)
Language
French
Prerequisites
The prerequisite(s) for this Teaching Unit (Unité d’enseignement – UE) for the programmes/courses that offer this Teaching Unit are specified at the end of this sheet.
Learning outcomes
At the end of this learning unit, the student is able to : | |
| 1° Main course This course provides the students with a general background in special contract (civil) law and civil liability law. The understanding and mastery of the concepts, their application to concrete situations, and the development of a critical mind are the main objectives of the course. 2° The exercise sessions (tutorials) The exercise sessions (tutorials) allow the students to learn how to find the solution to a legal issue of a practical nature. Therefore, they require a rigorous (a high degree of accuracy is expected) and critical (the students should consider the existing theses with a discerning mind) analysis. The tutorials enable the mastery of the legal methodology: research and use of the sources of law, structuring of a text, correctness of quotations and bibliographical references. These sessions also invite the students to discover the advantages and limitations of a collective approach. Indeed, although their written work has to be personal and original, the students are encouraged to work together, especially in the research of sources and the identification of given legal issues. Finally, these sessions allow the students to learn time-management, by meeting deadlines and external constraints such as typing, the number of pages… |
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Content
The teaching unit (UE) consists of two activities, understood as forming a coherent whole. The teaching team ensures the strongest possible coordination between theoretical instruction (lectures) and practical work sessions.
It focuses on the study of Belgian law, integrating recent reforms (particularly Books 1, 5, and 6) and reform projects (Book 7) of the Civil Code. European law, resulting from transposed directives and applicable regulations, is also addressed in relation to specific themes (consumer protection, environmental protection, AI and “smart” objects, and specialties)
1° The lecture
It begins with a general introduction to the law of compensation for damages, from the Civil Code of 1804 to the present day. Through a critical presentation of the foundations on which the law of compensation for damage is based, the aim is to demonstrate how the question of the allocation of the risks of damage (or accidents) has been dealt with over time by the legislator, e.g.: is the obligation to compensate based on fault, risk, or a guarantee obligation, and what reason(s) dictate such a choice? Is the legal consecration of an obligation to make reparations based on individual behaviour or collective responsibility? Does the legal framework manifest an individualist or solidarist approach? Is justice commutative or distributive? What points of rupture does the new Book 6 of the Civil Code show in relation to the principles that innervated the old Civil Code? etc.
The course continues with a presentation of the extra-contractual liability regimes of Book 6 of the Civil Code, i.e. what forms the so-called "common" law of the subject.
The following points are addressed in this context:
It begins with a (brief) general introduction, which is based, by recalling them, on the fundamental principles of the common law of contracts, to then be able to carry out a critical, transversal, and decompartmentalized approach to the special contracts whose regime is presented.
Through the examination of the regime of these contracts, it is in particular a question of
2° Practical work sessions "with casus"
Practical work sessions (TP) accompany the learning of the subjects taught in the lecture.
This practical work tends to anchor legal knowledge to usefully mobilize it in the resolution of concrete situations as well as to adopt a more transversal and critical reflection. In this way, they make it possible, in particular, to confront a "decompartmentalized" approach to the subjects taught.
It focuses on the study of Belgian law, integrating recent reforms (particularly Books 1, 5, and 6) and reform projects (Book 7) of the Civil Code. European law, resulting from transposed directives and applicable regulations, is also addressed in relation to specific themes (consumer protection, environmental protection, AI and “smart” objects, and specialties)
1° The lecture
It begins with a general introduction to the law of compensation for damages, from the Civil Code of 1804 to the present day. Through a critical presentation of the foundations on which the law of compensation for damage is based, the aim is to demonstrate how the question of the allocation of the risks of damage (or accidents) has been dealt with over time by the legislator, e.g.: is the obligation to compensate based on fault, risk, or a guarantee obligation, and what reason(s) dictate such a choice? Is the legal consecration of an obligation to make reparations based on individual behaviour or collective responsibility? Does the legal framework manifest an individualist or solidarist approach? Is justice commutative or distributive? What points of rupture does the new Book 6 of the Civil Code show in relation to the principles that innervated the old Civil Code? etc.
The course continues with a presentation of the extra-contractual liability regimes of Book 6 of the Civil Code, i.e. what forms the so-called "common" law of the subject.
The following points are addressed in this context:
- the facts that generate liability (personal act, act of another, does things, makes animals);
- legal causality;
- the damage and the main civil law principles for its reparation;
- the concurrence of actions between several bases of liability (contractual and extra-contractual liability, but also concurrence between the regimes of extra-contractual liability);
- the principles governing remedies between co-debtors in the event of multiple liability for the same damage.
- liability for defective products (initially governed by a law of 25 February 1991 and now included in Art. 6.41 et seq., C. civ.; this part considers the future transposition of European Directive No. 2024/2853 of 23 October 2024);
- automatic compensation for vulnerable road users (Article 29bis of the Act of 21 November 1989 on compulsory insurance against liability in respect of motor vehicles).
- the specific and common fields of liability of a legal nature (contractual and extra-contractual civil liability, criminal liability) as well as their articulation;
- the articulation between general law and special law;
- the categories of triggering events;
- the nature of the grounds for compensation: automatic compensation vs liability; distinction between subjective, presumed, and objective liability, etc.
- the possibilities of competition of actions.
- the sales contract;
- the contract for work;
- the mandate contract;
- the so-called "common law" lease contract;
- the residential lease contract in the Brussels-Capital Region.
It begins with a (brief) general introduction, which is based, by recalling them, on the fundamental principles of the common law of contracts, to then be able to carry out a critical, transversal, and decompartmentalized approach to the special contracts whose regime is presented.
Through the examination of the regime of these contracts, it is in particular a question of
- drawing students’ attention, future legal practitioners, to the fact that each particular contract is necessarily part of the confluence of general norms and special norms that should be combined.
- to emphasize the practical interest that there may be for the contracting parties to supplement, adjust, or exclude this general or special right by even more specific norms (contractual clauses) when the legislator authorizes them to do so.
2° Practical work sessions "with casus"
Practical work sessions (TP) accompany the learning of the subjects taught in the lecture.
This practical work tends to anchor legal knowledge to usefully mobilize it in the resolution of concrete situations as well as to adopt a more transversal and critical reflection. In this way, they make it possible, in particular, to confront a "decompartmentalized" approach to the subjects taught.
Teaching methods
1° Lectures
It is an ex cathedra teaching, in a large audience.
The teacher pays attention to supporting the progression of the students' knowledge, in particular through systematic reminders, made at the beginning of the course, and relating to the teaching given during the previous course, as well as to test moments or live questions and answers (wooclap or other). A "question and answer" session is organised at the end of the term.
PowerPoints (slides) are placed on Moodle before each class to accompany notetaking.
A "directed" study session on contract and liability law is offered on an optional basis. For two hours placed at the beginning of the blockade, they allow students to come and study on site while benefiting from the presence of the incumbent to answer their questions. On this occasion, the incumbent also presents PowerPoint and synthesis exercises.
In addition to the specifically dedicated moments of exchange that punctuate the teaching, students are invited to give priority to the moments of class (before, between classes or after) to ask their questions.
2° Practical work sessions
It is an ex cathedra teaching, in a large audience.
The teacher pays attention to supporting the progression of the students' knowledge, in particular through systematic reminders, made at the beginning of the course, and relating to the teaching given during the previous course, as well as to test moments or live questions and answers (wooclap or other). A "question and answer" session is organised at the end of the term.
PowerPoints (slides) are placed on Moodle before each class to accompany notetaking.
A "directed" study session on contract and liability law is offered on an optional basis. For two hours placed at the beginning of the blockade, they allow students to come and study on site while benefiting from the presence of the incumbent to answer their questions. On this occasion, the incumbent also presents PowerPoint and synthesis exercises.
In addition to the specifically dedicated moments of exchange that punctuate the teaching, students are invited to give priority to the moments of class (before, between classes or after) to ask their questions.
2° Practical work sessions
Practical work sessions (TP) accompany the lecture.
They are given in small groups and are supervised by an assistant.
These practical exercises take the form of four 3-hour sessions whose main purpose is to collectively resolve practical cases (casus) on subjects taught in the context of the lecture.
The first session is partly devoted to the presentation of the pedagogical framework as well as the instructions and modalities for the completion of the written work that each student will have to submit at the end of the term. This is followed by sessions devoted to the main subjects taught.
The final (written) work takes the form of a judgment written based on a dossier of documents from practice.
Halfway through the course, students must submit a "state of the question" (written to the Practical Procedure). Part of the second session is devoted to the correction of the "state of the question"; it is not, as such, compulsory.
Individual sessions and appointments are organised by the assistant, according to the terms and conditions that they specify during the first session.
Attendance at the practical sessions is mandatory, subject to what has been said above concerning the session of correction of the "state of the question", which is optional.
Active participation is expected of students.
For the work in the session to be fully profitable, individually and collectively, it is also expected that students bring their practical work syllabus as well as their codes during the organized sessions.
All the instructions relating to the practical work are explained in the practical work specifications, which are made available to students via the SVIB Course Materials Office and on Moodle.
Compliance with them incorporates EU requirements.
They are given in small groups and are supervised by an assistant.
These practical exercises take the form of four 3-hour sessions whose main purpose is to collectively resolve practical cases (casus) on subjects taught in the context of the lecture.
The first session is partly devoted to the presentation of the pedagogical framework as well as the instructions and modalities for the completion of the written work that each student will have to submit at the end of the term. This is followed by sessions devoted to the main subjects taught.
The final (written) work takes the form of a judgment written based on a dossier of documents from practice.
Halfway through the course, students must submit a "state of the question" (written to the Practical Procedure). Part of the second session is devoted to the correction of the "state of the question"; it is not, as such, compulsory.
Individual sessions and appointments are organised by the assistant, according to the terms and conditions that they specify during the first session.
Attendance at the practical sessions is mandatory, subject to what has been said above concerning the session of correction of the "state of the question", which is optional.
Active participation is expected of students.
For the work in the session to be fully profitable, individually and collectively, it is also expected that students bring their practical work syllabus as well as their codes during the organized sessions.
All the instructions relating to the practical work are explained in the practical work specifications, which are made available to students via the SVIB Course Materials Office and on Moodle.
Compliance with them incorporates EU requirements.
Evaluation methods
1° Subject matter subject to the evaluation
The evaluation of the teaching unit (UE) focuses on the subject taught during the lecture, as it is also identified in the PowerPoint course materials available on Moodle. It also covers the "techniques" for solving practical cases that were worked on during the practical work sessions (TP).
Students must ensure that they are up to date: the evaluation is specific to the teaching provided during the academic year during which it takes place. This is especially important in this period of successive (and profound) reforms of the field.
2° Type of evaluation
Lecture
In the first and second sessions, the examination relating to the lecture takes the form of an oral evaluation, which focuses on the subject taught.
The exam is scored out of 20.
The score awarded to this assessment corresponds to 3/4 of the final UE grade.
Only one "main" question is the subject of the preparation time. The other questions are asked on the spot, making sure to cover both parts of the matter.The evaluation of the teaching unit (UE) focuses on the subject taught during the lecture, as it is also identified in the PowerPoint course materials available on Moodle. It also covers the "techniques" for solving practical cases that were worked on during the practical work sessions (TP).
Students must ensure that they are up to date: the evaluation is specific to the teaching provided during the academic year during which it takes place. This is especially important in this period of successive (and profound) reforms of the field.
2° Type of evaluation
Lecture
In the first and second sessions, the examination relating to the lecture takes the form of an oral evaluation, which focuses on the subject taught.
The exam is scored out of 20.
The score awarded to this assessment corresponds to 3/4 of the final UE grade.
The examination may take the form of knowledge questions (a definition exercise, a list of related concepts to be defined, etc.), reflection (a comparison exercise, an "open" theoretical question, a discussion based on a legal provision or an article of the proposal for a new Book 7 of the Civil Code, a reflection to be presented based on the main principles and/or concepts that govern the matter, etc.), as well as the development of initial ways to resolve a practical case whose degree of difficulty is adapted to an oral exam (following a necessarily short preparation time).
Practical work with casus
The evaluation of the practical work is marked out of 20.
The mark awarded corresponds to 1/4 of the final grade of the UE.
The details relating to the evaluation are included in the specifications of the TP.
In the first session, the evaluation focuses on active participation in the sessions and the presentation of the state of the question (5 points out of 20) on the one hand, and on the completion of a written assignment (15 points out of 20) on the other.
If the written work is to be (re)submitted as part of the second session (which is the case if the UE and the practical work were not passed with a mark of 10/20 in the first session), students carry out the work based on the practical file received in the first session.
Regarding the mark out of 5 for participation in the practical sessions and the state of the question, the student has the choice:
As far as the final work is concerned, only the version uploaded to Moodle is authentic, even if a version has been communicated by another means (email or other).
Students will also ensure that the "good" written work is submitted: the submission on Moodle of a work on another subject (e.g. the one relating to another practical work) is equivalent to the failure to submit the expected work and therefore justifies a grade of 0A for the "written work" part of the practical work, and therefore for the UE. It is not up to the assistants to check before the session whether this minimum requirement is met by the students.
The final work (1st and, if applicable, 2nd sessions) must also be accompanied by the commitment of integrity established by the Faculty for the Bachelor of Laws program.
This document must be signed by the student.
If the signed document is not submitted, the work mark is reduced by two points.
Other important details:
The requirement that the work be a real work is assessed according to the instructions determined in the specifications of the practical work, in accordance with the decision taken by the Faculty Council, to which it is referred.
In the event of a delay in the communication of a written work ("status of the question" and final work) in compliance with the deadline and the channel indicated (email for the "status of the question" and Moodle for the final work) by the assistant, the sanctions are as follows:
- A decrease in the mark of 2 points per 24 hours of delay in the submission of the work;
- The attribution of a score of 0A/20 when the work is submitted more than 5 days late.
This applies to each of the sessions.
Justification for absences or failure to submit actual work ("status of the matter" and final work) within the imposed deadline must be submitted to the assistant and the faculty administration no later than the day following the end of the impediment (e.g. the day after the last day which is covered by a medical certificate), failing which it is automatically declared inadmissible.
The evaluation tests are held exclusively in French.
The documentary resources used in the context of the written work (TP) must cover doctrine and case law in French and Dutch.
4° Evaluation criteria
Lecture
In line with the learning outcomes identified above, the criteria used in the evaluation of the lecture are as follows:
Attendance and participation in practical sessions include evaluation.
The criteria for evaluating the quality of the work ("state of the question" and final work) are as follows: in addition to the skills related to the subject and which are identical to those specified for the lecture (see above),
5.1. Documents and References Allowed in the Oral Examination for the Lecture
Throughout the duration of the exam (preparation and response time), students can have access to:
As far as the (only) authorized documents are concerned, in accordance with the instructions set out in the BAC Code made available by the Faculty, students are admitted to:
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.
5.2. PEPS' students
Reasonable accommodations linked to a PEPS 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
Practical work with casus
The evaluation of the practical work is marked out of 20.
The mark awarded corresponds to 1/4 of the final grade of the UE.
The details relating to the evaluation are included in the specifications of the TP.
In the first session, the evaluation focuses on active participation in the sessions and the presentation of the state of the question (5 points out of 20) on the one hand, and on the completion of a written assignment (15 points out of 20) on the other.
If the written work is to be (re)submitted as part of the second session (which is the case if the UE and the practical work were not passed with a mark of 10/20 in the first session), students carry out the work based on the practical file received in the first session.
Regarding the mark out of 5 for participation in the practical sessions and the state of the question, the student has the choice:
- or keep the grade they obtained at the end of the first term: the grade is then carried over and includes the overall mark awarded for the practical work, alongside the written work presented in the second session. Keeping the grade from the first term will automatically be the option chosen by the assistant in the absence of a request from the student to prepare a case law commentary (see next option);
- or try to improve the grade they obtained at the end of the first term, which they must inform the assistant who supervised the practical work by July 15 of the current academic year at the latest. The student will then be required to submit, in addition to the above-mentioned written work, a commentary on a case law decision communicated by the assistant. Failure to submit this commentary will result in a score of 0/5 for the “participation and state of the question” part of the practical work grade. The instructions for the case law commentary are included in the specifications for practical work, to which reference is made.
As far as the final work is concerned, only the version uploaded to Moodle is authentic, even if a version has been communicated by another means (email or other).
Students will also ensure that the "good" written work is submitted: the submission on Moodle of a work on another subject (e.g. the one relating to another practical work) is equivalent to the failure to submit the expected work and therefore justifies a grade of 0A for the "written work" part of the practical work, and therefore for the UE. It is not up to the assistants to check before the session whether this minimum requirement is met by the students.
The final work (1st and, if applicable, 2nd sessions) must also be accompanied by the commitment of integrity established by the Faculty for the Bachelor of Laws program.
This document must be signed by the student.
If the signed document is not submitted, the work mark is reduced by two points.
Other important details:
- As noted, participation in the sessions and submission of actual work is mandatory and is subject to a full evaluation.
The requirement that the work be a real work is assessed according to the instructions determined in the specifications of the practical work, in accordance with the decision taken by the Faculty Council, to which it is referred.
In the event of a delay in the communication of a written work ("status of the question" and final work) in compliance with the deadline and the channel indicated (email for the "status of the question" and Moodle for the final work) by the assistant, the sanctions are as follows:
- A decrease in the mark of 2 points per 24 hours of delay in the submission of the work;
- The attribution of a score of 0A/20 when the work is submitted more than 5 days late.
This applies to each of the sessions.
Justification for absences or failure to submit actual work ("status of the matter" and final work) within the imposed deadline must be submitted to the assistant and the faculty administration no later than the day following the end of the impediment (e.g. the day after the last day which is covered by a medical certificate), failing which it is automatically declared inadmissible.
- During the January session, in the event of failure in only one of the activities of the UE, and success in the other activity, the pass mark that has been acquired is kept with a view to the award of the final mark that will sanction the evaluation of the second session. In other words, between the two sessions of the same academic year, the student retains the pass mark that was awarded for the exam on the lecture or for the practical work, even though he or she would fail the other activity; they must therefore not retake the test in the second session.
- The UE score is expressed in units, from 0 to 20. If rounding is to be carried out to award the final grade of the UE (as it emerges from the integration of the two grades, the one relating to the course and the one relating to the practical work), the teaching team carries out an overall evaluation of the work provided by the student and the skills that he or she has been able to demonstrate in this regard, especially during oral and "classroom" performances. The UE score is therefore not systematically rounded up; it can be achieved by going down to the lower unit, even if the "integrated" score reaches or exceeds 0.5.
- During the week following the communication of the results of the session, a consultation of the written work is organized by the assistant, according to the modalities he or she specifies.
The evaluation tests are held exclusively in French.
The documentary resources used in the context of the written work (TP) must cover doctrine and case law in French and Dutch.
4° Evaluation criteria
Lecture
In line with the learning outcomes identified above, the criteria used in the evaluation of the lecture 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 nevertheless 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 in a relevant way; this competence also assumes that the student demonstrates that they are already familiar with the exercise of using his or her codes and specific legislation;
- the ability to compare related concepts and mechanisms, including the ability to make connections between them in a convincing and well-argued manner;
- the ability to take a critical approach;
- the ability to reason and argue;
- the ability to express oneself orally.
Attendance and participation in practical sessions include evaluation.
The criteria for evaluating the quality of the work ("state of the question" and final work) are as follows: in addition to the skills related to the subject and which are identical to those specified for the lecture (see above),
- the quality of the intellectual approach;
- the quality of the methodological approach (quality of the bibliography, sufficiency and relevance of the sources in French and Dutch, correct referencing of sources, etc.);
- the quality of the writing;
- compliance with constraints in terms of text length and deadlines;
- intellectual honesty, which is essential in scientific work, including, where appropriate, the ethical and intelligent use of AI(G).
5.1. Documents and References Allowed in the Oral Examination for the Lecture
Throughout the duration of the exam (preparation and response time), students can have access to:
- their code(s) on the condition that they do not include summaries of case law;
- 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).
As far as the (only) authorized documents are concerned, in accordance with the instructions set out in the BAC Code made available by the Faculty, students are admitted to:
- underlining or highlighting words or sentences;
- 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.
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.
5.2. PEPS' students
Reasonable accommodations linked to a PEPS 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
Other information
Teaching materials
The following are available at the SVIB (syllanet)
For the lecture:
For the lecture:
The following are available at the SVIB (syllanet)
For the lecture:
- A. Cruquenaire, C. Delforge, I. Durant, F. George, C. Hélas et P. Wéry, Droit des contrats spéciaux, Ouvrage à l'attention des étudiants du programmes de bachelier en droit, Waterloo, Kluwer, 2022.. This support is optional. It is no longer up to date. A new edition will be published in early 2026.
- Syllabus (4 volumes) relating to the lecture course on extra-contractual liability ;
- The syllabus serving as a support for the practical work and which contains (i) the specifications of the practical work in contract and civil liability law (DRNL: que contrats); (ii) the statement of the exercises that will be carried out during the practical sessions; (iii) any appendices (e.g. theoretical sheets, models of court decisions and the commitment to integrity).
- the Code BAC for the current academic year. The use of a previous version is authorised subject to compliance with the instructions set out above (see the section "Method of assessing student achievements").
For the lecture:
- Syllabus (4 volumes) relating to the lecture course on extra-contractual liability not DRNL): these are the same syllabuses as those available from the SVIB ;
- PowerPoint / slides written in support of the lecture, communicated before each class session;
- European directives and regulations that are not included in the BAC Code of the current academic year;
- any case law decisions presented in the context of the lecture and practical work.
- The syllabus serving as a support for the practical work (and including the specifications);
- The files of documents on the basis of which the written works must be written;
- Some models of case law decisions to support students in the writing of their written work;
- Any PPT materials containing elements of theory presented during the practical work sessions.
Online resources
Moodle is preferred for the sharing of information (general instructions, provision of course materials, course plans, announcements, special legislation, etc.) and possible tests or collective work arrangements. See also the section above.
Students are invited to consult it regularly.
Additional details will be given by the teaching team if necessary.
Students are invited to consult it regularly.
Additional details will be given by the teaching team if necessary.
Bibliography
Le Manuel de droit des contrats et les syllabus en responsabilité extracontractuelle (DRNL : pas cette mention) comportent le renvoi à une bibliographie afin de permettre aux étudiant·es qui le souhaitent de disposer des références « de base » en la matière.
Teaching materials
- A. Cruquenaire, C. Delforge, I. Durant, F. George, C. Hélas et P. Wéry, Droit des contrats spéciaux, Ouvrage à l’attention des étudiants des programmes de Bachelier en droit, Waterloo, Kluwer, 2022
- Syllabus portant sur le droit de la responsabilité extracontractuelle (4 volumes)
- Syllabus servant de support aux travaux pratiques en droit des contrats et de la responsabilité civile
- Code BAC 2025-2026
- PPT en support du cours magistral
Faculty or entity
Programmes / formations proposant cette unité d'enseignement (UE)
Title of the programme
Sigle
Credits
Prerequisites
Learning outcomes
Bachelor in Law (shift schedule)