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| DROI2311-1 | Civil Partnership Law, special questions
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| Duration : | 45h Th |
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| Credits/ECTS : |
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| Holder(s) : | Yves‑Henri Leleu |
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| Language : | French language |
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| Course contents : | This course deals with questions concerning the law dealing with matrimonial regimes that directly interest the operation of notaries. It is intended for future lawyers, and will provide them with additional knowledge in the practice of certain technical matters.
The course involves advanced questions concerning the material covered in the "second licence" coursework, proceeding by means of examples of jurisprudence.
The following topics will be covered: the primary regime and legal regime in the form of review, with discussion of recent jurisprudence; marriage contracts; procedures for changing the matrimonial regime; liquidation or division of a legacy in common, particularly as regards post-communitarian non-division; conventional community and the theory of matrimonial advantages in particular; the regime of separation of property and its correctives, aimed at communitarization; the transition law of July 14, 1976. |
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| Course objective : | The objective of this course is twofold: first, to give to future lawyers knowledge about the choice of the best matrimonial regime for their clients, or the best modification of their matrimonial conventions; second, to encourage the precise application of the law governing matrimonial regimes in practice, in order to prevent clients from settling too quickly, and from making concessions regarding matters on which they might easily be upheld by the law.
Participation by students will be encouraged constantly, through questions and requests for opinions; the point is to improve students' assertiveness and their ability to react immediately when faced with a new question. |
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| Organization : | The course will meet on Wednesday and Friday in the latter part of the afternoon during the first semester.
Courses will be led by the instructor except in exceptional cases, and in those cases class meetings will be led by assistants.
Practice sessions:
Students can ask any question relative to the topic being covered at the end of a class. Outside of class, they should address themselves to the assistants who work for the service for personal and family law, except for questions related to the organization of the clients.
Members of the service for personal and family law are available to help students (until the first day of oral examination period) and to answer any question related to the course during their office hours (these will be posted at the beginning of the year).
The offices of this service are located on the ground floor and on the second floor (I. 14, I. 16 and R. 30). Tel. 366.30.89, 30.11; Fax: 366.46.90. Students are encouraged to make appointments by phone or e-mail (via: http://www.ulg.ac.be/facdroit/droit/services/civpers/index.html). |
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| Written notes : | Printed material.
Course material is based on one hand on the examination jurisprudence published in the Revue critique de jurisprudence belge (1998, 43 - copies available at Point de vue) and on the other hand on the most recent number of the Chronique de droit à l'usage du notariat devoted to matrimonial regimes. (October 2001).
Codes and laws
All codes reproduced, and photocopies of the same, are authorized. Annotations other than simple underlining are prohibited.
Computerized databases
Since the beginning of the academic year 1999-2000, databases maintained by the Service for personal and family law have been accessible at the following website:
(http://www.ulg.ac.be/facdroit/droit/services/civpers/index.html).
Databases of jurisprudence allows students to become familiar with summaries of all decisions cited in the Examination on jurisprudence and in the Chronicle of law used by notaries while sitting at home or in the library. These summaries can be accessed by date and by keyword.
The database of doctrines contains references to works in the articles about legal doctrine, and also to legislative projects and propositions.
A bilingual database for legal vocabulary (Dutch-French) is also available on the website. |
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| Assessment : | Oral examination
Basis
Students will draw numbers that will indicate a pair of questions. Further, the examiner will ask a number of other questions that may or may not be related to the questions drawn by the student, in such a way as to test his or her knowledge. The number and the difficulty of these questions will not in any way prejudice the results of the examination.
Organisation of the examination
Oral examinations will be held in January or in June, according to student preference. Students are requested to schedule their examination on a single day. |
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