Duration
60h Th
Number of credits
Lecturer
Language(s) of instruction
French language
Organisation and examination
Teaching in the second semester
Schedule
Units courses prerequisite and corequisite
Prerequisite or corequisite units are presented within each program
Learning unit contents
This course has been designed to take into account the new structure of the Master's degree in law, which came into force in 2020-2021. It looks at the legal treatment of the failure of a debtor to fulfil an obligation, principally an obligation to pay a sum of money, either more or less voluntarily or as a result of the debtor's insolvency.
After an introduction in which debt collection, credit guarantees and insolvency proceedings are placed in their economic and legal context, the first part of the course explains creditors' right to enforcement and gives a brief description of the procedures which, to a greater or lesser extent, subject debt collection from the debtor's assets to collective discipline: collective debt settlement, judicial reorganisation, bankruptcy and liquidation of legal entities. This first part includes developments on the practical scope of the principle of equality of creditors and the growing importance of leniency measures available to insolvent debtors.
The second part of the course examines security interests on movable and immovable property, i.e. the various types of pledge, retention of title, right of retention, liens and mortgages.
Other security mechanisms, such as direct action and netting, which have become essential over the years, are then discussed.
Personal sureties are the subject of the fourth part of the course.
Lastly, the course looks at individual collection measures common to all creditors (protective attachments and enforcement measures) or specific to certain creditors, in particular public authorities and especially tax creditors.
Learning outcomes of the learning unit
The aim of the course is to enable future graduates to analyse a situation in which there is a problem of insolvency, whether foreseeable or proven. This may involve advising a creditor on measures to guarantee the performance of his obligation, adopting the appropriate attitude in a contentious context and understanding the ins and outs of collective or forced recovery procedures, or, symmetrically, providing information to a debtor in such a context.
Prerequisite knowledge and skills
Obligations and Property Law are absolute prerequisites.
Planned learning activities and teaching methods
Practical exercices sessions will be organised. Active involvement of students is highly desirable.
Mode of delivery (face to face, distance learning, hybrid learning)
Face-to-face course
Further information:
The course is given during the second term. Experience has shown that increased absenteeism leads to reduced success. While freedom remains a fundamental value of university teaching and of the course holder, it is nevertheless important that the student assumes his responsibility. It is therefore highly advisable to keep a direct or indirect record of oral teaching.
Course materials and recommended or required readings
A detailed written course is available to students and may be bought at the Presses universitaires de Liège.
Exam(s) in session
Any session
- In-person
written exam ( multiple-choice questionnaire, open-ended questions )
Further information:
The course is assessed by means of a written examination comprising multiple-choice or true-false questions, brief knowledge questions, a case study and a possible future-oriented question on the subject. Mastery of current legal and regulatory provisions is specifically assessed. These provisions, whether or not grouped together in codes, may be underlined and article-to-article references are permitted. Any other form of annotation is prohibited.
Work placement(s)
Organisational remarks and main changes to the course
---
Contacts
Any questions relating to the course can be put to Mr Jean Boileau, assistant and lawyer at the Liège-Huy Bar (j.boileau@uliege.be).