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 course reviews the eight titles composing said book 3 of the Civil Code on property law (which came into force on September 1, 2021). It opens with the presentation of the general principles of property law (possession, transcription, heritage, etc.), then delves into the classification of property (distinctions between things-property-animals, movables-buildings, tangible-intangible goods, fruit-products, etc.), before explaining the regime relating to the various real rights (ownership, co-ownership, easements/servitudes, usufruct, emphyteusis and surface rights), not without forgetting to address the "relations of neighborhood" (which include, in addition to easements, neighborhood disturbances and joint ownership), nor real security interests (pledge and mortgage).
Contemporary illustrations will be provided on the subject of pledge (Mont de piété), emphyteusis (Louvain-la-Neuve) or even surface rights (Etterbeek).
The account of numerous court rulings (including in the European sphere) will also punctuate the presentation.
Contemporary illustrations will be provided on the subject of pledge (Mont de piété), emphyteusis (Louvain-la-Neuve) or even surface rights (Etterbeek).
Teaching methods
Lecture course, common at staggered times ("horaire décalé") and in person.
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) 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.
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.
Evaluation methods
Type of assessment (and any related arrangements)
Written exam (two hours)
Language of assessment
French
Assessment criteria
The assessment covers performance in the lecture, court rulings and the material covered in the practical sessions.
The student is expected to:
- Accurately recall theoretical concepts
- Apply them to practical cases
- Make comparisons
- Demonstrate critical thinking
- Understand and explain a court decision covered during the course
In practical terms, the exam consists of four sections (each worth 5 marks):
- five semi-open-ended questions
- five multiple-choice questions (no marks deducted for incorrect answers)
- an analysis of a court ruling covered in the course
- an open-ended question relating specifically to the material covered during the practical sessions (and marked by the teaching assistant)
For the first and fourth sections, answers must be both precise and accompanied by adequate justification, and must be linked to the relevant legal source.
Written exam (two hours)
Language of assessment
French
Assessment criteria
The assessment covers performance in the lecture, court rulings and the material covered in the practical sessions.
The student is expected to:
- Accurately recall theoretical concepts
- Apply them to practical cases
- Make comparisons
- Demonstrate critical thinking
- Understand and explain a court decision covered during the course
In practical terms, the exam consists of four sections (each worth 5 marks):
- five semi-open-ended questions
- five multiple-choice questions (no marks deducted for incorrect answers)
- an analysis of a court ruling covered in the course
- an open-ended question relating specifically to the material covered during the practical sessions (and marked by the teaching assistant)
Other information
Course materials:
• N. BERNARD, Le droit des biens après la réforme de 2020 (with V. Defraiteur), 2d ed., Limal, Anthemis, 2022.
• 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), 2d ed., Limal, Anthemis, 2022.
• A compendium of court rulings.
• A PowerPoint presentation giving the course outline, articles of law, and references to court rulings.
Online resources
Moodle is the main platform for formal communication with the lecturer, whether for sharing information (such as announcements) or making course materials available (PowerPoint presentations and collections of court rulings).
Students are strongly encouraged to check it regularly from now on.
Bibliography
Les sources doctrinales renseignées en notes de bas de page de N. BERNARD, Le droit des biens après la réforme de 2020 (avec la collaboration de V. Defraiteur), 2e édition, Limal, Anthemis, 2022
The doctrinal sources cited in the footnotes of N. BERNARD, Le droit des biens après la réforme de 2020 (avec la collaboration de V. Defraiteur), 2e édition, Limal, Anthemis, 2022
The doctrinal sources cited in the footnotes of N. BERNARD, Le droit des biens après la réforme de 2020 (avec la collaboration de V. Defraiteur), 2e édition, Limal, Anthemis, 2022
Teaching materials
- N. BERNARD, Le droit des biens après la réforme de 2020 (avec la collaboration de V. Defraiteur), 2e édition, Limal, Anthemis, 2022
- Un recueil de décisions de justice (sur moodle)
- Un powerpoint reprenant le plan du cours, les articles de loi et les références aux décisions de justice (sur moodle)
- Code bac 2 Saint-Louis, 2026-2027
Faculty or entity
