Duration
48h Th
Number of credits
| Master in law (120 ECTS) | 5 crédits |
Lecturer
Language(s) of instruction
French language
Organisation and examination
Teaching in the first semester, review in January
Schedule
Units courses prerequisite and corequisite
Prerequisite or corequisite units are presented within each program
Learning unit contents
The course will not be organised in 2020-2021.
The course offers students the opportunity to study the legal regime of insurance in Belgium, and more specifically, the insurance contract as governed by the law of 4 April 2014 on insurances.
In an introductory part aimed at outlining the framework of the subject, the student will study the major sectors of insurance (for instance, private insurance/social insurance, fixed premium insurance/mutual insurance, damage insurance/life and health insurance) and the basic elements of the technical principles of private insurance. Reference will also be made to the supervisory regulations for insurance companies and the European directives.
The students will be introduced to the rules established by the law of 4 April 2014 that apply to all insurance contracts. The rules applicable to insurance contracts in general will be studied (conclusion of a contract, the parties' rights and obligations in case of loss, etc.), as well as the provisions particular to indemnity and lump-sum insurance, the rules regarding specifically damage insurance (fire insurance, liability insurance and legal expenses insurance), and, finally, the legal provisions concerning individual life assurance and health insurance.
Some insurance contracts, which are subject to specific regulations, such as "Motor Liability insurance" and fire insurance, will be analysed in greater detail.
Finally, we shall deal with issues associated with insurance distribution. We shall also refer to, among other concepts, the main obligations of insurance brokers as well as the nature of their relations with both the policyholder and the insurer.
Learning outcomes of the learning unit
The aim of the course is to provide students with knowledge of the concepts particular to insurance law and the rights and obligations of the contracting parties (including third-party beneficiaries of guarantee), from the perspective of their use both in professional life and in private life. It also aims to encourage critical thought on the legal provisions of the law as well as their judicial application. Whenever appropriate, the students' attention will be drawn to current issues and plans for reform that have a direct impact on the insurance sector.
Prerequisite knowledge and skills
Students should have a solid foundation in the law of obligations. Insurance law constantly alludes to it - for instance, when drawing up a contract, penalising the non-performance of obligations or the use of direct action and the mechanisms for stipulation for another and, in many respects, offers solutions particular to it.
Planned learning activities and teaching methods
The course is taught in the form of lectures. Regular reference is made to contractual documents (general and special conditions of an insurance policy).
Case studies and legal decisions will also be studied with the aim of examining the subject in detail or finding the rule applicable to a given situation.
Mode of delivery (face to face, distance learning, hybrid learning)
The course is taught in the form of lectures.
Organisational adjustments related to the current health context
Recommended or required readings
Students will be given course notes including numerous doctrinal and case-law references. They will also be provided with documents, including those drawn from practice, in particular, insurance contracts, an example of a rider or a payment notice, various 'subscription form' and published and unpublished case-law decisions.
The course notes and the documents are available from the Press Universitaires de Liège.
Main documents and PowerPoint presentations will be made available online as we advance through the materials.
Assessment methods and criteria
Below you will find information on the evaluation methods planned for in-person and remote exams as well as those planned for hybrid sessions. Depending on how the health crisis evolves, the chosen method will be communicated to you no later than one month before the start of the exam session.
Students are assessed by oral examination. They may bring their code with them.
Students may cross-reference articles, underline or highlight some passages of the legal text and insert post-it notes in the code but only to identify the various legal sources (laws and royal decrees on implementation). Comments or annotations are not allowed.
Work placement(s)
Organizational remarks
The course is held every uneven year (2019-2020, 2021-2022, ...).
Contacts
catherine.paris@uliege.be