Face-to-face , second term, 45 hours of theory.

Second term
Monday from 17:15 to 20:15 at 119 Marais 1200

The course is based on a complete syllabus of more than 300 pages including references to doctrine and case-law.
An appendices syllabus contains summary tables and relevant comparisons as well as, samples of pleading models.

This course helps students acquire knowledge of the essential notions, institutions and mechanisms to understand how justice and civil procedure work. Throughout this course, students will gain more insight into the legal liability and stakes of the state judicial function, easily distinguishable from alternative methods of conflict resolution. By the end of the course, students should be able to apply the theory to the practice using critical reflection in their approach.

For the Bachelor in Law (Evening Programme) :

None

This course is divided into three main parts:
1. Exploration of the general principles applicable to judicial procedure, alternative conflict resolution methods and some rules of the judicial organization.
2. Study of the competences of the different jurisdictions which share the attributions of judicial power adjudicating civil matters.
3. Topics from the first three books of the fourth part of the judicial Code, which cover civil procedure. Specific procedures, protective attachment and enforcement procedures will not be studied during the third year of the bachelor degree; these subjects will be addressed later.

The course is outlined as follows:

A. General principles
- procedural law and judicial Code;
- the general principles of civil procedure (right to a fair trial, publicity of hearings, the respective roles of the judge and the litigants in the course of a trial, written and oral proceedings, adversarial principle and respect of the rights of the defence and equality of arms, procedural loyalty/fairness, celerity and procedural efficiency);
- preliminary rules of the judicial Code;
- legal action;
- the purpose of the action (petition and defence);
- nullities;
- timeframes;
- alternative conflict resolution methods;
- judicial professions;

B. The jurisdiction
- Notions and general provisions (subject matter jurisdiction, territorial jurisdiction, prorogation, listispendens and connexity);
- Regulation of jurisdiction conflicts (by the district court, by the trial judge) and the attributions within the same jurisdiction;
- Competences of the court of first instance (ordinary and specific competence);
- Presidential competences (provisional and on the merit);
- Competences of the appellate jurisdictions (determining jurisdiction, resolution of competence conflicts and jurisdiction);
- Competences of the Supreme Court (normal and specific competences).

C. The procedure
- Action and claims (conditions of the action, classification and forms of the claims);
- Court papers and timeframes (Court papers: notion, classification, communication and nullity - Procedural timeframe: notion, classification, fixation, computation and sanctions);
- Instance and judgment (general principles and conduct of the proceedings; the judgment: categories and authority);
- Incidents of the proceedings and evidence (general overview of the incidents, investigation measures)
- Right of appeal (notion, classification, ordinary and extraordinary right of appeal).

The lecture is always completed by examples taken from practice, the analysis of case-law and questions addressed to the students.

The written exam lasts 3 hrs and consists of questions of definition, casus, comprehension of the lectures, comparison and synthesis.

In addition, each student will have the opportunity to consult his/her copy and to discuss his/her mistakes with the professor and the probationary lecturer.

References of additional, general or specific readings will be provided in the syllabus.

The course is given in French. However, a passive knowledge of Dutch could be helpful to read and understand doctrine and case-law published in Dutch.