Duration
48h Th
Number of credits
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
Insurance plays a fundamental role in society by protecting individuals, businesses, and public entities against the financial consequences of a wide range of risks. From a social perspective, it provides protection in circumstances such as accidents and illness, complementing the benefits granted under compulsory social security systems. More broadly, insurance enhances societal resilience by facilitating recovery in the aftermath of disasters and by encouraging risk prevention and mitigation. It also constitutes a key driver of economic development, enabling businesses to innovate, invest, and expand their activities in the knowledge that certain risks can be effectively managed through insurance mechanisms.
Yet important questions arise: Which risks are insurable? Which types of insurance are mandated by law? What form of insurance coverage is appropriate in a particular loss situation? How is an insurance contract concluded? What duties of disclosure are incumbent upon the prospective policyholder and the insurer before the contract is entered into? What rights and obligations arise for each party once a loss has occurred? And under what conditions may an insurance contract be terminated? These are among the fundamental issues explored in the General Course on Insurance Law.
The course examines the legal framework governing insurance in Belgium, with particular emphasis on the insurance contract as regulated by the Belgian Insurance Act of 4 April 2014. Its objective is to provide students with a thorough understanding of the wide range of insurance coverages available on the market and of the legal consequences associated with each of them. The course is divided into eight parts.
The first part sets out the principal classifications of insurance. It examines, for example, the distinction between private insurance (the focus of this course) and social insurance, between indemnity insurance and fixed-benefit insurance, between compulsory and voluntary/optional insurance. This part also provides an overview of the fundamental principles underlying private insurance, which is based on risk selection, as well as the main features of the regulatory framework governing insurance undertakings.
The course subsequently explores the provisions of the Belgian Insurance Act of 4 April 2014 that are common to all insurance contracts. It analyses the formation of the insurance contract (Part II), the obligations of the parties following its conclusion (Part III), and the legal framework governing its duration and termination (Part IV).
The Act further distinguishes between indemnity insurance (Part V) and fixed-benefit insurance (Part VI).
Part VII addresses non-life insurance in greater detail. Particular emphasis is placed on liability insurance, legal expenses insurance, and fire insurance. These are among the most widely purchased insurance products in practice.
The course concludes with an examination of health insurance, a form of personal insurance that plays a particularly significant role in ensuring social protection and access to healthcare (Part VIII).
Insurance distribution, which includes the status and liability of the brokers, is not the main purpose of this lecture. Nonetheless we will be addressing this subject at several times, more specifically when the underwriting process will be studied.
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.
The course further aims to stimulate critical thinking about the societal function of insurance and its ability to adapt to a changing risk environment. Particular attention will be paid to the manner in which insurance schemes may contribute to managing the emergence of new risks and the escalating impact of existing ones, including climate risks, demographic ageing, health-related risks.
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 mechanism of stipulation for the benefit of third parties 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.
Certain sessions require students to undertake preparatory work in advance. This will involve reading one or more court decisions so that they are able to summarize them and answer any related questions. The analysis of these practical cases is designed to enable students to identify the legal principles applicable to a particular situation and to develop a more in-depth understanding of the subject matter.
Mode of delivery (face to face, distance learning, hybrid learning)
Face-to-face course
Further information:
The course is taught in the form of lectures.
Course materials and recommended or required readings
Further information:
Students can buy our Manuel de droit des assurances published in 2021 by Larcier (Collection de la Faculté de Droit de l'Université de Liège). They will also be provided with documents, including those drawn from practice, in particular insurance contracts, and published and unpublished case-law decisions, which will be commented during the course.
The "Manuel de droit des assurances" and the documents are available at the Presses Universitaires de Liège at the beginning of the academic year.
PowerPoint presentations will be made available online as the course progresses.
Exam(s) in session
Any session
- In-person
oral exam
Further information:
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). Comments or annotations are not allowed.
Work placement(s)
Organisational remarks and main changes to the course
The course is held in 2026-2027.
It is held only on even year (2028-2029, 2030-2031, ...).
Contacts
catherine.paris@uliege.be