DROI1212 - Law of Obligations + Exercises session with casus
Teaching assistants :
Mode of delivery :
Face-to-face , second term, 60 hours of theory and 9 hours of tutorials with cases.
Language of instruction :
The course is given in French, which does not exclude the possibility that some decisions of jurisprudence may be in Dutch.
Learning activities :
Learning outcomes :
Law of obligations is a fundamental discipline, which will serve as a basis for many subsequent courses, among which: contract law, labour law, commercial law…
The students should therefore understand the concepts and the legal regime that they fall under.
The notions studied during the lecture, which proceeds through definitions and illustrations, will be used during the exercise sessions, in which the students will be confronted with a more inductive approach, starting from a casus.
By the end of the course, the students will be able to apply the studied concepts to concrete situations
Course contents :
Most of the subject matter can be found in Books 1, 5 and 8 of the (new) Civil Code, adopted during the 2019-2024 legislature.
After a definition of the notion of obligation in the legal sense of the term (Introduction), the course will explore the sources of obligations, as well as the general regime of obligations : the modalities of obligations, obligations with multiple objects or subjects, transmission of obligations, performance and non-performance of obligations, measures to safeguard the rights of the creditor and the causes of termination of obligations. It concludes with an examination of the proof of the obligations.
Planned learning activities and teaching methods :
This course is a lecture, nevertheless the subject matter can be illustrated by the analysis of documents and/or jurisprudential decisions.
Exercises are scheduled in group sessions allowing the teacher to translate theory into practical situations. Each student will be asked to hand in a written report on resolution of a casus and defend it orally.
Assessment methods and criteria :
Except if sanitary rules related to Covid-19 do not allow for it, the final assessment is an oral examination in person. It will assess the knowledge of the subject matter contained in the syllabus, as well as discussed in class, including the commented jurisprudential decisions.
During the entire examination, the students may and should refer to the legal and statutory texts. The articles of the Code may be preceded by a cross and underlined or highlighted, using different colours if appropriate.
Below each article, a reference to another article or other legislation closely related to the article in question may be indicated, but only the official title of the law and the number of the relevant article may appear in such annotation. Any other terms are excluded reproduced. A fortiori, terms mentioned in the comments provided during the course are excluded.
Bookmarks (or "post-it") may be used, but they may only mention the official title and date of the legislation concerned.
ATTENTION: any annotation, even a single word, that exceeds the limits indicated here will be considered as a fraud. The student's mark will then be reduced to 0/20 (cf. article 107 of the General Regulations for Studies and Exams).
Each student will be asked to hand in a written report that will evaluate the intellectual approach, the accurate use of sources and the compliance to constraints.
The final grade given to the student for this course will be based on: the examination grade (75% of the final grade) and the exercise sessions grade (25% of the final grade).
Recommended or required reading :
The syllabus refers to different books, articles or notes according to the studied subject matter.
These references may be completed by:
- M. COIPEL, Eléments de théorie générale des contrats, Ed. Story Scientia, 1999
- J. HANSENNE, Introduction au droit privé, 3è éd., Ed. Story Scientia, 1997
- P. VAN OMMESLAGHE, Traité de droit civil belge - Tome II : Les obligations - Volumes 1 à 3, Bruylant, 2013.
- P. WERY, Droit des obligations, Vol. 1 : Théorie générale du contrat, 3ème éd., Larcier, 2021 & Vol. 2 : Les sources des obligations extracontractuelles - Le régime général des obligations, Larcier, 2016
- A. CATALDO et F. GEORGE (coord.), Droit des obligations. Le nouveau livre 5 du Code civil, Anthemis, 2022.
- R. JAFFERALI (coord.), Le Livre 5 du Code civil et le nouveau droit des contrats, col. UB?, Larcier, 2022.
Other information :
Didactic supports proposed to the students:
- The syllabus (to be completed by personal notes)
- The collection of decisions of jurisprudence (some having been commented in class)
- The legal and statutory texts.
It is imperative to use regularly and frequently the legal and statutory texts in order to be familiar with their handling.