DROI1218 - Property Law (+ exercises session without cases)
Teaching assistant :
Mode of delivery :
Face-to-face , first term, 30 hours of theory and 6 hours of tutorials without cases.
Wednesday from 17:15 to 19:15 at Ommegang Om10
Language of instruction :
Learning outcomes :
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.
Course contents :
The entire course revolves around Belgium's 2020 property law reform. It will go through the various titles in Book 3 that has been inserted in the new Civil Code and study the following rights in rem or real rights in succession: ownership, co-ownership, easements, usufruct, emphyteusis, and surface rights. A series of cross-cutting notions will be tackled in parallel with the above. They include possession, transcription, common ownership or party boundaries, property, putting up security, and neighbourhood disturbances. Contemporary illustrations of the following notions will be given: pawning possessions (pawnshops), emphyteusis or “99-year leases” (Louvain-la-Neuve), and surface rights (Etterbeek). Accounts of many court rulings (including those of European courts) will stud the lectures
Planned learning activities and teaching methods :
- 30 hours of lectures, given in person, physically
- 3 x 1.5 hours of in-person seminars focused on readings of court rulings.
Assessment methods and criteria :
Written exam (in-person or on Moodle). Students will be graded on their mastery of the lecture material and their understanding of the case-law examples studied during the seminars. One question in particular will address the subjects covered in the seminars (except for KUL Brussel students and students on staggered schedules).
Recommended or required reading :
Other information :
• N. BERNARD, Le droit des biens après la réforme de 2020 (with V. Defraiteur), Limal, Anthemis, 2020.
• A compendium of court rulings.
• A PowerPoint presentation giving the course outline, articles of law, and references to court rulings.