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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
ARCH0527-1
The teaching unity "Construction law : contractual aspects" is a part of the (DER) History-theory-social and humanities sciences department.
The teachers of the DER History-theory-social and human sciences department offer initial knowledge in history of architecture, heritage conservation in theories of architecture, philosophy, psychology and sociology, law and ethics. That knowledge's sensitize students to the multiple dimensions of an architectural issue and encourage them to seek these different disciplinary insights in practicing architecture project.
Based on the initial knowledge acquired bachelor level, in-depth seminars masters install critical and analytical approaches. They train students in information retrieval, understanding and rigorous analysis of the sources, critical confrontation of the authors, approaches and methodologies to develop a valid argument showing a perspective-taking position.
The teaching unity"Construction law : contractual aspects" 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
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 |
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Learning outcomes of the course :
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| Part 1: Relationship skills reference:
All learning areas of the DER Teaching and Research 'History, Theory, Humanities and Social Sciences' allow students to develop the skills of the faculty by guiding especially in developing instruct an architectural issue. Some lessons of the unit are also focused on developing the skill to interact with all the players.
Multiple approaches, the contributions of various knowledge facing the appropriation works are designed to train the openness, the reflexive posture and awareness of social issues listed in the story. They also aim to consciousness of ethical responsibility, community service and the role and responsibility of the future architect in shaping the environment.
Part 2: Learning from the acquired teaching unit described from an operational point of view
Will be asked the student to know and understand the course content (make the knowledge from the course and explain them by accounting for the arguments, causalities joints, differentiating between facts and inferences) to use the data in new contexts.
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 presentation (ex-cathedra) Complementarity of the oral presentation and written notes. |
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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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| Notes updated every year are made ¿¿available on the intranet.+ extraits de l'ouvrage
Compulsory reading: 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 in the form of open questions relatively short answers assessing knowledge and understanding of the course and exam the ability to use price data in other contexts |
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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
Tél : +32 81 21 22 23
Fax : +32 78 15 56 56
Email : lohenrotte@philippelaw.eu |
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| Items online : |
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