Saint-Louis University - Bruxelles

MHUB1280N - Law of Obligations + Exercises sessions with casus in Law of Obligations

Katholieke Universiteit Leuven - Campus Brussel

Credits : 8

Lecturers :
Mode of delivery :
Face-to-face , second term, 60 hours of theory and 9 hours of tutorials with cases.

Timetable :
Second term
Tuesday from 13:30 to 15:30
Wednesday from 08:30 to 10:30

Language of instruction :

French (and understanding of Dutch is recommended)

Learning activities :
Learning outcomes :
Learning objectives

1. Be able to correctly express the legal concepts in a structured way, which shows insight and profound kwowledge. Competence level 2
2. Be able to identify, connect and apply rules to a complex practical problem. Competence level 2
3. Specific attention to and application of correct legal language. Competence level 2
4. Familiarity with working with the Code civil and other laws that apply. Applying the intellectual skills on case-based materials: identify rules and principles of the law of obligations and application on relevant problems of law. Analysing and synthesizing the proposed solution on an theoretical basis. Competence level 2
5. Developping paterns of legal reflection. Competence level 3
6. Profoud knowledge of the most important subjects op the law of obligations Competence level 1

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. These tutorials enable the students to develop their capacity to express themselves orally on a legal subject.
Finally, taking place over a period of around three months, these sessions allow the students to learn time-management, by meeting deadlines and external constraints such as typing, the number of pages…

Prerequisites :
Co-requisites :

Course contents :
A thorough and extensive study of the Belgian law of contracts, including the unlawful deed and with indication of (the European origin of) the special legislation that disintegrates the law of contracts of the Code Napléon.The contracts that result from mutual agreement come under the first title.- types of agreement;- general principles of the law of contracts; - interpretations and additions;- implementation.When comint to an agreement the terms of validity and invalidity and the materialization of the agreement are considered from a dynamic point of view. In a chapter on the fulfilment of a contract we deal with: liable and unliable deficiencies, the remedies in case of breach of contract,the additional special remedies in case of mutual contracts.A following chapter deals with the working with third parties and finally the reasons for terminating and suspending contracts are considered.

In the second title the contracts resulting from a unilateral legal transaction and the natural contracts are studied. the second part deals with quasi contracts and the contracts resulting from unlawfuldeeds. These parts are taught in an interactive way and are supported by exercises (cases)which are discussed in tutorials. the students prepare the cases that will be disussed in the tutorials.

The third part deals with contracts in general with partial aspects. Finally the lines of force and the statutes of limitation are explained.



Title 1: obligations arising out of contract
1. Concept and different types of contract
2. General principles
3. Formation of contract
4. The contract inter partes
5. The contract and third-parties

Title 2: unilateral promisses
1. Overview of quasi contracts
2. Contractual vs. non contractual liability
3. Sources of liability
4. Causal relation
5. Dammage and compensation

1. Modulations
2. Transfers of contract and obligations
3. Contract termination

1. Legal proof
2. Burden of proof
3. Means of proof and their value
4. Prescription

The practical work consists in writing an essay developing concrete issues on a given situation.

Planned learning activities and teaching methods :
Formal lectures and tutorials

During the formal lectures the lecturer introduces each doctrine in its social-historic context.Subsequently the lines of force of the commitment are analysed critically by means of cases taken from the administration of law and/or the legal practice of the lecturer.the students are encouraged to question the lecturer and to ask for repetitions and elucidations.At the end of each part there is a question round and/or a a survey of future subject matter.During tutorials the students analyse cases that they were previously introduced to. the students are expected to find solutions for the cases. The lecturer/assistant acts as a counsellor. Apart from repetion of the subjectmatter, the excercises done during the tutorial help the students to analyse cases critically and independently.

The sessions are organised in different stages in order to allow the professors to mark out the progression of the students. From the beginning of the course, the students have at their disposal the specifications manual, setting out the procedure to follow and providing bibliographical references.
An intermediate stage invites the students to hand in a status report (a review of the research that has already been done), which will enable the professor to adjust the direction taken by the student. Throughout the tutorial sessions, the probationary lecturer will be available each week to answer any relevant questions from the students and also for the teachers to assess the students' work.
Finally, the tutorials will end with a correction session, which allows a positive assessment of the work achieved.
The tutorials require the compliance with the instructions included in the specifications manual.

Assessment methods and criteria :
Mode of evaluation : Written
Category : final examination during examination period
Type of evaluation : Closed book

Exam period May/Jun

Written exam (2 hours). The major questions are cases.The minor questions are on the theory of commitments (1 important question and one less important question). The students can use a code without comments. Students will get some extra information during the lessons and will be shown an exemple of the exam (HubWise)
A concise, clear, relevant and specific answer is required. When the answer does not meet these criteria, it will receive a negative evaluation.
When one of the questions is entirely not answered or wrongly answered, the maximum score is 9/20.

When the practical work is finalised, the students are marked out of 20 points.
The evaluation criteria are: the quality of the intellectual approach and the resolution of the practical case, the structure of the written work, the rigor both in substance and in form, the bibliography and the correct use of sources, compliance with instructions, spelling and participation in class.

Recommended or required reading :

See the specifications relating to the tutorials

Other information :

The resolution of practical case implies the use of different sources: course syllabus, non-exhaustive bibliography of the specifications manual, library research (legislation, doctrine, jurisprudence)...
See Cahier des charges des travaux pratiques