Duration
60h Th, 4h AUTR
Number of credits
| Bachelor in law | 5 crédits | |||
| Extra courses intended for exchange students (Erasmus, ...) | 5 crédits | |||
| Master in management, professional focus in law | 5 crédits |
Lecturer
Coordinator
Language(s) of instruction
French language
Organisation and examination
Teaching in the second semester
Units courses prerequisite and corequisite
Prerequisite or corequisite units are presented within each program
Learning unit contents
After a study of various classifications of goods and rights, especially the distinction between real estate and tangible property, Title II is devoted to property law. First a definition and analysis of the characteristics of property law will be provided. Subsequently, the ordinary methods of obtaining property will be studied, especially the concepts of possession, and, concerning the derived methods, the system of real estate publicity concerning rights in rem in real estate, other than privileges and mortgages. Next, we will develop the question of the scope of property, specifically of real estate, litigation concerning property and, finally, discuss a special form of property, namely co-ownership. Lastly, we will study the main real estate rights in Title III : usufruct (as well as the rights of use and residence) and easements, essentially easements created by man.
The part of the course concerning elements of IP law starts with situating IP rights vis-à-vis the property of tangible goods: what are the common features, what are the particularities of such rights in comparison to the right defined under Art. 544 of the Civil Code? And how do these two ways of mastering elements ouf the outer world combine with each other? Next, we will outline the main divisions of the vast family of IP rights, and their respective characteristics (mechanism of acquisition, duration, scope of protection etc.) as well as the - rich and varied - sources of rules governing IP (international law, EU law, Benelux and Belgian law). Finally, the basic principles of copyright will be explained, as such right concerns most aspects of today's cultural life.
Learning outcomes of the learning unit
The aim of the course is to teach students the principles of the law of property and the elementary concepts and distinction of IP law. These matters can be developed in-depth during the Master of law.
Prerequisite knowledge and skills
Succeeded introductory course in private law as well as the course concerning general theories of contract law.
Planned learning activities and teaching methods
Students are expected to complete a reading assignment and to prepare the classes. During 8 classes of the course, the students will be divided into groups of 5 and will have to present leading cases of the Supreme Court (Cour de cassation). Dedicated assignments will be attributed to the students in light of these materials.
During group sessions, the aptitude of the student to provide possible solutions will be assessed.
Mode of delivery (face-to-face ; distance-learning)
Ordinary class sessions, with 2 hour classes twice a week, during the second semester.
Recommended or required readings
A civil code and other legal dispositions used during the course are required.
Book : P. Lecocq, Manuel de droit des biens, t. I, Biens et Propriété, Bruxelles, Larcier, 2012; P. Lecocq, Manuel de droit des biens, t. 2, Droits réels démembrés, Bruxelles, Larcier, 2016,for usufruct and easements created by man.
As far as the elements of IP law are concerned, a short syllabus will be available. In addition, students should have a copy of the TRIPS Agreement, the Bern convention for the protection of artistic and litterary works, the Paris Convention for the protection of industrial property; book XI of the Code of Economic law; the Benelux Convention on intellectual property ; the European Patent Convention (Munich).
Assessment methods and criteria
Oral exam in january, written in september. The student can only use legislation that has been annotaded within reason (references to other articles and dates of leading cases, but no small synopsis or analysis of the materials, even in abreviated form or by means of drawings or symbols). No table of contents other than that of the Code itself - and the conventions in the field of IP law - can be used. The student must be able to produce a simple list containing all the real estate rights, both principal and accessory, as well as the rights of intellectual property.
Work placement(s)
Organizational remarks
Contacts
Law of property, Evidence, B31
prof. : P. LECOCQ, office, I.21, tél. : 04/3663095,
email : Pascale.Lecocq@ulg.ac.be
Assistants :
Elisabeth JADOUL (mi-temps), bureau I.22, tél. : 04/3663096; email : ejadoul@ulg.ac.be
email : S.Boufflette@ulg.ac.be
Arianne SALVE (mi-temps), bureau I.22, tél. : 04/3663096; email : arianne.salve@ulg.ac.be
Raluca POPA; email : R.popa@ulg.ac.be
Secretary's Office : N. BLEVE, bureau I.77, tél. : 04/3663190
Boite aux lettres : 16
IP law unit
prof.: Bernard Vabrabant, b.vanbrabant@ulg.ac.be
assistant: Dietger Glorieux, dietger.glorieux@ulg.ac.be