Duration
34h Th
Number of credits
| Advanced Master in Public Notary Law | 4 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
This course focuses on property contracts and how to write them within the framework of notarial practice.
The first part, which constitutes the half of the course, is devoted to property sales which comprise the majority of notarial activity. Divided in a traditional manner, the necessary practical elements are presented in such a way as to draw the students' attention to the problems inherent to the subject, especially the drafting of the contract, the frequent use of suspensive conditions, guarantees owed by the seller and their limitations, and private sales (Breyne Law, voluntary public sale, sale with a right of redemption).
The course continues with a practical study of certain "small contracts" frequently used within the framework of affairs related to property: exchange, leases, loan, life annuity and power of attorney.
Finally, the last part deals with several issue linked to the area of rights in rem which have an influence on property contracts: the two methods originating from the acquisition of property, i.e. ownership and usucapion, and their use in property law; and the drafting of co-ownership articles.
Learning outcomes of the learning unit
The aim of the course is to teach master's students in notarial studies the legal elements that govern the practice of property law. There is a significant focus on the notarial act and its foundations - which are the subject of a specific class - because it is steeped in formalities that play a part in the social functions of the instrumentum and therefore it is essential to master the details. These two aspects of the course complement each other, allowing them to be considered as whole.
Prerequisite knowledge and skills
Law of obligations and contracts, inheritances and gifts, tax law, general and special administrative law.
Planned learning activities and teaching methods
The course is interactive. Hence, teaching is a mixture of:
- lectures, concrete illustrated examples taken from notarial practice
- collegial discussion based on sources that the students are required to comment on (articles of doctrine and well-known jurisprudence cases), especially problems regarding the deposit, increasing suspensive conditions in privy deeds, the notion of 'agréation', the responsibility of the professional seller, the scope of the Breyne Law, etc.
- and practical exercises, in particular, writing clauses on the basis of short case studies given to the students in advance.
Through reading and the discussion of doctrinal and case law sources, students are invited to exercise their critical thinking skills as regards clauses or agreements that are very widespread in practice.
Mode of delivery (face to face, distance learning, hybrid learning)
Face-to-face.
Recommended or required readings
- Partial course notes and collection of models of acts distributed by the lecturer.
- The references of the doctrinal and case law sources for the collegial discussions are given to the students as the course progresses.
- A notarial code.
Oral exam lasting a maximum of 20 minutes.
The first question relates to the comments on a clause studied and discussed during a seminar; students are marked on their knowledge of the subject. The second question consists of reconstructing a point seen in class or of a transversal question
The notarial code is authorised during the exam, according to the following conditions:
- students are allowed to underline and highlight legal provisions or titles;
- students are allowed to use blank post-its or ones on which the title of the legal source in question is indicated;
- references to legal articles are authorised;
- any other annotations are strictly forbidden.
In case of necessity, oral exam will occur online, on a Cisco's WebEx individual session.
Work placement(s)
Organisational remarks and main changes to the course
The classes are held on Fridays, during the first term.
Contacts
mvanmolle@notittre.be; tél. : 067/64.52.18