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| DROI2006-1 | Private international law, notarial aspects
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| Duration : | 20h Th |
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| Number of credits : |
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| Lecturer : | Patrick Wautelet |
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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 second semester |
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Course contents :
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| This course is an advanced 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 is open to those who have already followed an introductory course in private international law - preferably in Belgian private international law.
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 and authentic actswill 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, enforcement of foreign notarial 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 may be studied, the following will be considered : 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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Learning outcomes of the course :
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| 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 the objective of legal certainty inherent in the notarial activity. Attention will also be paid to the need to take into account the solution afforded to a cross-border situation by other States concerned.
Learning outcomes:
- understanding of the main rules of contemporary private international law
- ability to distinguish between the various sources of contemporary private international law, how they are interrelated and what is their respective scope of application
- ability to uncover in a real life case the private international law issues (from a Belgian and European perspective)
- understanding of the mechanism aimed at determining the applicable law to cross-border situations, including the various mechanisms limiting or impacting the basic mechanism
- ability to take into account the specific position of the notary in cross-border situations (arising out of the need for the notary to guarantee legal certainty) |
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Prerequisites and co-requisites/ Recommended optional programme components :
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| 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 adopted in 2004) and the various European instruments (specifically Regulations 44/2001 and 2201/2003) is required to attend the course. |
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Planned learning activities and teaching methods :
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| The course will be taught lecture style, using practical cases as starting point. 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 strongly recommended. |
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Mode of delivery (face-to-face ; distance-learning) :
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| The course will be taught in lecture style. Particular attention will be devoted to the study of contract provisions used in practice. 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 strongly recommended. |
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Recommended or required readings :
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| For each topic studied, a handout will be made available (either a text, 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), which will be made available to them. |
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Assessment methods and criteria :
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| Students will be required to write an exam. The exam will consist of a practical case which will draw on various domains of the notaries' activity. Depending on practical arrangements which can be made, the end evaluation could take the form of a 'take home' exam. Students can in any case use all relevant statutory materials and other sources such as commentaries and case law to solve the exam. |
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Work placement(s) :
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Organizational remarks :
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Contacts :
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| Queries and observations may be sent to patrick.wautelet@ulg.ac.be or addressed to the lecturer during or after each meeting. |
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| Items online : |
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| Introduction to private international law from a notarial perspective |
| The notes attached are regularly updated. An updated version will be handed to students registered for the course. |
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