Teacher(s)
Language
French
Main themes
The course is divided into two parts: (a) The course will deal with the characteristic of the other legal systems and more specifically common law. Common law is very present in our legal world and it is very important to have some acquaintance with the most important concepts of English contract law. After a description of the evolution of common law, the most important concepts will be analyzed and more specifically the consideration and the trust. Common law will be analyzed from a practical point of view. The various English concepts frequently used in continental Europe will be analyzed and more specifically the representations and warranties clause. Finally, other burning issues of comparative Law of Obligations will be debated on a broader comparative basis for instance the problem of change in circumstances and the unforeseeable damages. (b) The second part of the course will be devoted to the solutions issued from the attempts of international restatement in Contract Law. A particular attention will be paid to the Unidroit Principles, the Principles of European Contract Law and the attempts of restatement of the different civil codes in a single European Civil Code. The United Nations Convention on Contracts for the International Sale of Goods (CISG) will be studied as well as a source of inspiration for the other attempts of international restatement. The major questions in Contract Law will be dealt with in a comparative perspective (formation, authority of agents, interpretation, remedies ').
Content
This course in comparative and European contract law complements the second-year Bachelor’s course on the law of obligations, which focused on Belgian law. In an increasingly globalised economy, the course provides students with an introduction to other national legal systems.
The course consists of two main parts:
a) The first part examines various issues relating to contractual obligations from a comparative law perspective. A number of cross-cutting topics are studied by comparing different legal systems rooted in different legal traditions.
b) The second part focuses on various international instruments of uniform law which, depending on the case, propose or impose common sets of rules governing contractual obligations. A comparative approach is taken to Belgian law and these various international instruments, through cross-cutting issues relating to the formation and interpretation of contracts, non-performance, and the consequences thereof. The new Belgian law of obligations is also examined, with particular attention to the ways in which it has benefited from the contributions of these international instruments.
The course consists of two main parts:
a) The first part examines various issues relating to contractual obligations from a comparative law perspective. A number of cross-cutting topics are studied by comparing different legal systems rooted in different legal traditions.
b) The second part focuses on various international instruments of uniform law which, depending on the case, propose or impose common sets of rules governing contractual obligations. A comparative approach is taken to Belgian law and these various international instruments, through cross-cutting issues relating to the formation and interpretation of contracts, non-performance, and the consequences thereof. The new Belgian law of obligations is also examined, with particular attention to the ways in which it has benefited from the contributions of these international instruments.
Teaching methods
The course is taught in person.
The part taught by Professor P. Wéry is delivered in French, while the part taught by Professor S. De Rey is delivered in English.
The part taught by Professor P. Wéry is delivered in French, while the part taught by Professor S. De Rey is delivered in English.
Evaluation methods
The course is assessed by means of an oral examination. Students may use the collections of materials provided to them, provided that these materials are not annotated.
Students answer questions posed by each of the co-course holders. Students answer in French before Professor P. Wéry. They answer in English when responding to questions posed in English by Professor S. De Rey.
Students answer questions posed by each of the co-course holders. Students answer in French before Professor P. Wéry. They answer in English when responding to questions posed in English by Professor S. De Rey.
Other information
Students are supposed to have attended a course of Law of Obligations. A collection of texts will be supplied.
Online resources
A collection of texts, available from the course materials service and on Moodle.
Additional materials and PowerPoint presentations are available on Moodle.
Additional materials and PowerPoint presentations are available on Moodle.
Faculty or entity
