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| DROI2006-1 | Private international law, notarial aspects
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| Duration : | 20h Th |
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| Credits/ECTS : |
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| Holder(s) : | Patrick Wautelet |
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| Language : | French language |
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| Course contents : | This course is meant as a master class during which selected questions of private international law will be studied in details. The questions addressed will be directly related to the activities of notaries.
The course will be divided in several themes. For each theme, issues of cross-border jurisdiction, applicable law and recognition and enforcement of foreign judgments will be addressed. Before addressing these specific themes, a general introduction will sketch out the main rules applicable to cross-border activity of notaries (such as jurisdiction, language of drafting of deeds, etc.).
Specific attention will be devoted to the two fundamental issues of notarial private international law, i.e. financial arrangements between spouses and the law of successions and estates.
Among the other themes which will be studied, one will find the law of cross-border divorce, the law of gifts, the legal consequences of notarial deeds abroad, buying and selling real estate abroad, etc. |
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| Course objective : | The course aims to allow students to acquire the necessary tools to solve cross-border issues arising in notarial activities. Specific attention will be devoted to the need to take into account on the one hand the objective of legal certainty inherent in the notarial activity and on the other hand the aim to take into account the solution afforded to a cross-border situation by other States concerned. |
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| Prerequisites : | A working knowledge of the basic principles of private international law, with special emphasis on the rules applicable in Belgium (and in particular the rules of the Code of private international law) and the various European instruments (specifically Regulations 44/2001 and 2201/2003). |
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| Organization : | The course will be taught in lecture style. Students will, however, be invited to participate actively during the class meetings, in particular drawing on the experience gained during their practical traineeships. Attendance of class meetings is specifically recommended. |
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| Written notes : | For each theme addressed, a handout will be made available (either a text, or an outline or slides). Students are invited to use actively all relevant statutory materials (such as the Belgian Code of Private International Law and the various European Regulations). |
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| Assessment : | Students will be required to present an oral exam - a twenty minutes interview with the professor, with a discussion of a practical case. Students can use all statutory materials to prepare and solve the exam. |
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| Contacts : | Questions and observations may be sent to patrick.wautelet@ulg.ac.be |
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