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MHUB1380 - Individuals, Family and Family Property Right
KU Leuven Campus Brussel
Credits :
9
Lecturer :
Mode of delivery :
Face-to-face , second term, 90 hours of theory.
Timetable :
Second term Tuesday from 15:30 to 18:30 Thursday from 08:30 to 12:30
Language of instruction :
Dutch
Learning outcomes :
HUB-competence scheme
1.1.1. able to express oneself fluently and correctly both verbally and in writing: Competence level 1 1.1.3. capable of solving legal case studies: Competence level 3 1.2.4. able to work independently: Competence level 2 1.4.2. dares to form a judgement and able to give ethical aspects a role therein: Competence level 2
2.1.2. able to collect information and correctly assess the reliability of the sources/information: Competence level 2 2.1.3. expertise in consulting the various (digital) sources in the legal field: Competence level 2 2.2.1. has analytical capacity, logical thinking and reasoning ability and a critical investigative attitude: Competence level 3 2.2.2. has developed a capacity for legal thinking and reasoning: Competence level 2 2.2.6. shows signs of creativity in the approach to a discipline-related problem: Competence level 3 2.3.1. able to synthesise: Competence level 2
3.1.1. has a basic knowledge of and insight into the foundations, principles and structures of the various areas of Belgian law: Competence level 2 3.3.1. has developed a personal manner of legal argumentation: Competence level 3 3.3.2. able to express legal reasoning correctly: Competence level 2
Key objectives
At the end of the course students have to be able to give legal opinions and solve legal cases with the information given to them during the course and with the added course materials. In the part personality law, they have to acquire knowledge about how a person is created and protected legally, and in which way he's entitled to practice his legitimate rights and obligations, whether or not in an independent way. In the part family law they have to obtain a clear concept about how a descent-, marriage- or cohabitation-bond between several people begins and how it can be contested or ended, as well as the legal consequences, both during the existence of this bond and after its termination. About the largest part, patrimonial family law, finally, knowledge is required about the patrimonial consequences of marriage, cohabitation and death. Students should be able to anticipate on the legal consequences and to give suggestions of preventive arrangements. Competence level 2
Prerequisites :
For the Bachelor in Law :
Co-requisites :
None
Course contents :
Principles of personality law (person, State, identification, personality rights, legal protection of minors and mentally disturbed adults), family law (origin, adoption, parental authority and guardianship, marriage, legal and factual cohabitation, visitation rights, alimony law) and patrimonial family law (patrimonial consequences of marriage, inheritance, donations and wills).
Calendar
1. Introduction: definition, interfaces, sources, general trends, course materials, exam, method of teaching legal personality: the existence of the person 2. Legal personality: the State of the person and his or her identification 3. Person protection law in general: the legal personality rights (definition, situating, overview) 4. Continuation: legal personality (regarding physical components) 5. Continuation: legal personality (regarding mental and moral components) person protection law in particular,: introduction to the (in)competence and minors (incapacity) 6. Exercises 7. Person protection law in particular: minors (parental authority) 8. Person protection law in particular: minors (parental duties) 9. Person protection law in particular: minors (guardianship authority) and adults 10. Origin law: original descent 11. Origin law: adoption 12. Exercises 13. Matrimonial law: history, definition, marriage 14. The regulations of the spouses (introduction, primary matrimonial property law) 15. Continuation: primary matrimonial property law 16. Secondary matrimonial property law : definition, legal system: introduction, types of patrimonies 17. Continuation legal system: composition of the patrimonies 18. Continuation legal system : composition of the patrimonies 19. Continuation legal system: control of the patrimonies 20. Continuation legal system: end 21. (reserve) 22. Secondary patrimonial law: conventional systems: introduction, community systems: introduction 23. Continuation conventional systems: systems of separation of goods Marriage contract and amendment 24. (reserve) 25. The dissolution of a marriage 26. Continuation: the dissolution of a marriage 27. Exercises 28. Cohabitation law: legal cohabitation 29. Cohabitation law: legal and factual cohabitation 30. Gifts (donations and wills): introduction, definition, validity requirements: fundamental requirements 31. Donations : validity requirements: formality requirements 32. Donations: publicity requirements, interpretation, end, donations between spouses 33. Succession law: introduction, opening of the legacy, legal ability to inherit 34. Succession law: legal devolution 35. Continuation: legal devolution and testamentary devolution 36. Succession law: reserve 37. Succession law: liquidation-division of the legacy 38. Exercises 39. Exercises and questions
Planned learning activities and teaching methods :
Interactive formal lectures in which we switch between theory and exercises.
Assessment methods and criteria :
Mode of evaluation : Written Category : final examination during examination period Type of evaluation : Closed book
Written exam. A concise, clear, relevant and specific answer is required. When the answer does not meet these criteria, it will receive a negative evaluation.
Recommended or required reading :
None
Other information :
None
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