Duration
Part 1 - Obligation and contract law : 82h Th, 21h Pr
Part 2 - Extracontractual responsibility : 13h Th, 4h Pr
Number of credits
| Bachelor in law | 10 crédits | |||
| Master in management, professional focus in law | 10 crédits |
Lecturer
Part 1 - Obligation and contract law : Christine Biquet
Part 2 - Extracontractual responsibility : Christine Biquet, Benoît Kohl
Coordinator
Language(s) of instruction
French language
Organisation and examination
All year long, with partial in January
Schedule
Units courses prerequisite and corequisite
Prerequisite or corequisite units are presented within each program
Learning unit contents
Part 1 - Obligation and contract law
Obligation and Contract Law examines the rules and legal principles on which social and economic relations are based. The course is divided into five sections. (I) The first section deals with the sources of obligations and with their legal aspects. This section focuses on contracts. Torts - as sources of obligations - are studied in a separate partim. Nevertheless, tort law issues frequently arise into the course because it is impossible to study obligation law without taking tort law into account. Tort law is, in fact, an important source of obligations. It may have an impact on contract formation (culpa in contrahendo) or on the determination of the field of the contract effects (third-party liability). Moreover, useful comparisons of tort and contractual liabilities can be made. In addition to the sources of obligations, the course examines (II) the performance of obligations (except performance of obligations under Company Law); (III) the modalities of obligations (condition, term, etc.); (IV) termination of contracts (payment, subrogation, netting, delegation, prescription, etc.) ; (V) creditor-protection rules are also considered. Specific rules related to specific contracts are also discussed.
Part 2 - Extracontractual responsibility
This course will concentrate on nonconventional sources of obligations. It will begin with a general introduction in the course of which we will examine questions such as the extent of extra-contractual civil responsibility or liability and the limitation of action. Next, the first part of the course will be devoted to the conditions of extra-contractual civil liability (damages, fault, and causal relationships). Following this, we will analyze liabilities incurred by the action of other persons, or by things, as well as several special regimes regarding liability (particularly article 29bis of the law concerning mandatory automobile insurance and the law concerning liability in cases of defective products). The last part of the course will concentrate on the question of the relationship between contractual liability and extra-contractual liability, particularly on the question regarding what is known as the option for liabilities.
Learning outcomes of the learning unit
Part 1 - Obligation and contract law
Students must be able to understand the legal concepts and rules governing the law of obligations and to apply those concepts and rules to actual cases.
Part 2 - Extracontractual responsibility
The objective of this course is to provide students with a general overview of the law as it pertains to private liability, and to make them aware of certain controversies and particular questions, allowing them to solve practical exercises in this domain.
Prerequisite knowledge and skills
Part 1 - Obligation and contract law
Introduction to private law.
Part 2 - Extracontractual responsibility
Introduction to private law
Planned learning activities and teaching methods
Part 1 - Obligation and contract law
Lectures - Practical cases and coached exercises
Part 2 - Extracontractual responsibility
A class meeting for practical work will be arranged regarding each of the subjects covered
Mode of delivery (face to face, distance learning, hybrid learning)
Part 1 - Obligation and contract law
Face-to-face learning. Lecture, coached exercises. First and second semesters. .
Part 2 - Extracontractual responsibility
Ex cathedra class meetings, appearances by guest speakers and practical work.
Organisational adjustments related to the current health context
Part 1 - Obligation and contract law
...
Recommended or required readings
Part 1 - Obligation and contract law
A syllabus covering the main parts of the course and a syllabus containing exercises and practical problems are available.
Recommended references
- P. Wéry, Droit des obligations, Vol. 1, Théorie générale du contrat, Larcier, 2e éd., 2011.
- P. Wéry, Droit des obligations, Vol. 2, Les sources des obligations extracontractuelles - Le régime général des obligations, Larcier, 1ère éd., 2016.
- P. Van Ommeslaghe, Les obligations, Coll. De Page - Traité de droit civil belge, Bruylant, 2013, Vol. 1, 2 et 3
Part 2 - Extracontractual responsibility
Students will be provided with detailed PowerPoint slideshows.
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.
Any session :
- In-person
written exam ( multiple-choice questionnaire, open-ended questions )
- Remote
written exam ( multiple-choice questionnaire, open-ended questions )
- If evaluation in "hybrid"
preferred in-person
Part 1 - Obligation and contract law
Any session :
- In-person
written exam ( multiple-choice questionnaire, open-ended questions )
- Remote
written exam ( multiple-choice questionnaire, open-ended questions )
- If evaluation in "hybrid"
preferred in-person
Additional information:
A compulsory written interrogation is organized in January. Written examinations are organized in both first and second examination periods.
Part 2 - Extracontractual responsibility
Any session :
- In-person
written exam ( multiple-choice questionnaire, open-ended questions )
- Remote
written exam ( multiple-choice questionnaire, open-ended questions )
- If evaluation in "hybrid"
preferred in-person
Additional information:
Written exam (casus resolution and/or theory questions and/or MCQs).
For students who also have in their program in 2020-2021, the Partim I of the course "general theory of obligations", the subject of the Partim II (extra-contractual liability)" is a component of the course "general theory of obligations" and is organized on the same dates and according to the same modalities as the Partim I of the course (partial exam in January, exam in May/June and second semester exam in August/September). In other words, the Partim I and the Partim II of the course are one and the same exam. One and the same mark is given for Partim I and Partim II.
For students who do not have in their program in 2020-2021 the Partim I of the course "general theory of obligations", and who therefore follow the subject of Partim II (extracontractual liability)" separately (in particular students of the Master of Law Management or students who in the past have passed the course "law of obligations" but who must represent the course "extracontractual liability"), the first session exam will take place in January only and the second session exam in August/September.
Work placement(s)
Organizational remarks
Part 1 - Obligation and contract law
Although learning material is available, students are advised to attend lectures and coached exercises sessions to be able to fully understand the course contents. The syllabus aims at providing students with learning material. It does not replace attendance of lectures and coached exercises sessions. Examination is based on materials discussed during those lectures.
Contacts
Part 1 - Obligation and contract law
Secretary : N. Blève, office I 77, phone +32 (0)4 366 31 90, nbleve@uliege.be Assistant lecturers : Office : R 9; Phone : +32 (0)4 366 30 03 - +32 (0)4 366 30 01
Part 2 - Extracontractual responsibility
Assistant lecturers :Celine Joisten (celine.joisten@uliege.be)