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| ARCH0527-1 | Construction law : contractual elements
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| Duration : | 24h Th |
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| Number of credits : |
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| Lecturer : | Laurent Henrotte |
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Language(s) of instruction :
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| French language |
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Organisation and examination :
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| Teaching in the first semester, review in January |
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Course contents :
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| Course description
The course in 'Private Law - Construction Law' aims to provide students will legal knowledge which is indispensable in terms of executing the architect's mission.
The first part is devoted to contract law: in general; company contracts; architectural contracts. The second part is devoted to property law: tangible and intangible goods; publicly owned land; easement; common ownership. Finally, some specific questions will be examined such as the Breyne law.
Throughout the course, attention will be drawn to architects' responsibility both in terms of the preparatory analysis of their mission and its actual execution, from design through to execution and ten-year insurance backed warranty. Numerous examples will illustrate this responsibility.
Students are provided with practical tools to reduce the risk of conviction in the event of a dispute as far as possible.
Table of contents
BOOK 1 THE ARCHITECTURAL CONTRACT
TITLE 1 GENERAL PRINCIPLES OF CONTRACT LAW
Chapter 1 Legal facts and acts
Chapter 1b General concepts: definition and typology of contracts
Chapter 2 Conditions of validity of contracts
Chapter 3 Content of conventions
Chapter 4 Extent of obligations (obligations of results and of means)
Chapter 5 Contracts which include the obligation 'de dare'
Chapter 6 Good will in contracts
Chapter 7 Theory of unforseeability
Chapter 8 Non-execution of obligations stemming from a contract
Chapter 9 Sanctions for contractual non-execution
Chapter 10 Clauses which limit or exonerate responsibility
Chapter 11 The exception of non-execution
Chapter 12 Action in resolution
TITLE II CORPORATE CONTRACT
Chapter 1 Introduction
Chapter 2 Definition and characteristics of a corporate contract
Chapter 3 The formation of a corporate contract
Chapter 4 Execution of a contract
Chapter 5 Specific provisions in the distribution of responsibilities in the corporate contract
Chapter 6 End of the contract
TITLE 3 THE ARCHITECTURAL CONTRACT
Chapter 1 The architect
Chapter 2 The architectural contract
Chapter 3 The end of the architectural contract
BOOK 2 PROPERTY LAW
Chapter 1 Tangible and intangible property
Chapter 2 Common ownership
Chapter 3 Easement
Chapter 4 Publicly owned property
BOOK 3 SPECIFIC QUESTIONS
The Breyne Law
Regulations on the energy performance of buildings |
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Learning outcomes of the course :
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| By the end of the course, students will be able to:
In terms of knowledge:
Identify the extent of their rights and obligations relating to the architect's contractual mission
In terms of attitude:
Take responsibility and decide on contractual arrangements in terms of the mission and contractual implications which have been agreed.
React to problems of contractual execution.
React in terms of seeking out their responsibility.
In terms of know-how:
Adapt their contractual execution to various situations on the ground. |
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Prerequisites and co-requisites/ Recommended optional programme components :
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| None |
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Planned learning activities and teaching methods :
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| Oral theory presentation by the class tutor. Presentation of practical examples. The course is exclusively based on lectures. |
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Mode of delivery (face-to-face ; distance-learning) :
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| In class. Supporting written material will be available before the exam on MyULg. |
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Recommended or required readings :
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| Compulsory reading: Supporting written material will be available before the exam on MyULg (syllabus + extracts from publications: Henrotte L.O., Henrotte, J.F. et Devos B., L'architecte - Contraintes actuelles et statut de la profession en droit belge, Larcier, Collection de droit immobilier, 2008, 608 pages. ) |
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Assessment methods and criteria :
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| Written examination.
Four open questions on the entire course.
Equal weighting of questions.
Response to each question should be approximately half an A4 page.
No other material is required other than a pen.
Duration: Two hours
Assessment criteria: knowledge and understanding. |
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Work placement(s) :
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| None |
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Organizational remarks :
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| None |
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Contacts :
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| Laurent-Olivier Henrotte
Route de Hannut, 47/3
B - 5004 Namur
Tél : +32 81 21 22 23
Fax : +32 78 15 56 56
Email : lohenrotte@philippelaw.eu |
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