Duration
14h Th
Number of credits
| Advanced Master in Public Notary Law | 2 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 focuses on the actual notarial deed and is linked by a common theme: the authenticity which characterises it.
The characteristics and functions of the notarial deed are examined, as well as the legal drafting requirements, the essential particulars that are part of the formality of the authenticity and the effects of the latter, i.e. the probative force and the enforceability of the authentic deed.
In connection with notarial practice, the preliminary formalities (standard information, administrative searches, etc.) and subsequent formalities (registration and public mortage recording, copies, etc.) upon signing the notarial deed are examined in depth.
Learning outcomes of the learning unit
The aim of the course is to teach students studying for the complementary master's in notarial practice, in particular those who want to go into the profession, the foundations governing deeds and their drafting. The notarial deed is steeped in formalities that play a part in the social functions of the instrumentum and therefore it is essential to master the details.
Prerequisite knowledge and skills
Law of obligations and contracts, inheritances and gifts, enforcement 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 several issues associated with drafting the notarial deed (in particular, the date and the deed with multiple dates, the signature and lack of signature), probative force and enforceability (especially the authenticity of the annex and the deed by reference and enforcement of positive obligations)
- practical exercises, in particular, exercises in the (formal) correction of notarial deeds and writing clauses on the basis of short case studies given to students in advance.
Through reading and the discussion of doctrinal and case law sources, students are invited to take an in-depth look at several delicate or controversial subjects in connection with notarial practice.
Mode of delivery (face to face, distance learning, hybrid learning)
Face-to-face
Recommended or required readings
-Course notes 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 theme or a clause studied and discussed during a seminar; students are marked on their knowledge of the subject in relation to the doctrinal and case law sources.
Students are immediately given the mark for this first question. If they so wish, they may receive one or two extra questions (relating to the reconstruction of a point seen in class or of a transversal question) without exceeding the maximum duration of the exam.
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
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Contacts
mvanmolle@notittre.be; tél. : 067/64.52.18