Duration
Special questions, part 1 : 30h Th
Special questions, part 2 : 18h Th
Number of credits
| Master in law (120 ECTS) (Odd years, organized in 2023-2024) | 5 crédits |
Lecturer
Special questions, part 1 : Yves-Henri Leleu
Special questions, part 2 : Yves-Henri Leleu
Substitute(s)
Special questions, part 2 : Aurélie Nottet
Coordinator
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
Special questions, part 1
The course deals with couples's patrimonial regime, which covers two distinct sectors: the law of matrimonial regimes of married couples and the patrimonial regime applicable to legal or de facto cohabitation. The course provides an in-depth examination of the teaching of the baccalauréat in terms of practice, especially the notarial's one, and with case law examples. The course is also intended for lawyers and others, and will provide them with additional knowledge in the practice of certain technical matters.
First, the following topics will be covered: the primary regime and legal regime, marriage contracts and procedures for changing the matrimonial regime. The third part of the course will be devoted to conventional community and the theory of matrimonial advantages in particular. The regime of separation of property and its correctives, aimed at communitarization, will be next examined, as well as the transition law of July 14, 1976. The liquidation or division of a legacy in common, particularly as regards post-communitarian non-division, will be finally examined. This part will be teached by Ms. Aurélie NOTTET (15H).
Special questions, part 2
This course is only given by the odd years (2023-2024, 2022-2023, ...)
This course deals with questions concerning the law dealing with matrimonial regimes or non marital cohabitation that directly interest the operation of notaries. It is also intended for lawyers and others, and will provide them with additional knowledge in the practice of certain technical matters.
The course involves advanced questions concerning the material covered in the bachelor coursework, proceeding by means of examples of jurisprudence.
The following topics will be covered: the primary regime and legal regime; marriage contracts; procedures for changing the matrimonial regime; liquidation or division of a legacy in common, particularly as regards post-communitarian non-division; conventional community and the theory of matrimonial advantages in particular; the regime of separation of property and its correctives, aimed at communitarization; the transition law of July 14, 1976.
Learning outcomes of the learning unit
Special questions, part 1
The objective of this course is twofold: first, to give to future lawyers knowledge about the choice of the best matrimonial regime for their clients, or the best modification of their matrimonial conventions; second, to encourage the precise application of the law governing family property law in practice, in order to prevent clients from settling too quickly.
Special questions, part 2
The objective of this course is twofold: first, to give to future lawyers knowledge about the choice of the best matrimonial regime for their clients, or the best modification of their matrimonial conventions; second, to encourage the precise application of the law governing family property law in practice, in order to prevent clients from settling too quickly, and from making concessions regarding matters on which they might easily be upheld by the law.
Participation by students will be encouraged constantly, through questions and requests for opinions; the point is to improve students' assertiveness and their ability to react immediately when faced with a new question.
Prerequisite knowledge and skills
Special questions, part 1
Succession law
Special questions, part 2
Succession law
Planned learning activities and teaching methods
Special questions, part 1
The course will be teached trough an interactive method. Participation by students will be encouraged constantly, through questions and requests for opinions. The intervention of Ms. Aurélie NOTTET will bring to the course a dimension even more centered on the notarial practice. Student monitors will organize workshops. Students are invited to ask questions about the subject during or at the end of the course. Members of the Family Law Unit are also available to answer questions about the course by appointment (offices I. 15 and I. 16).
Mode of delivery (face to face, distance learning, hybrid learning)
Special questions, part 1
Face-to-face course
Additional information:
The course is organized during the academic year 2023-2024 ; it will not be during the year 2022-2023.
The lectures are given by Mr. Yves-Henri LELEU during the first semester. The last 15 hours of classes are given by Mme Aurélie NOTTET.
On-line courses are given by Mr. Yves-Henri LELEU
Special questions, part 2
Courses will be led by the instructor except in exceptional cases, and in those cases class meetings will be led by assistants.La méthode d'enseignement est interactive comme mentionné plus haut. Students can ask any question relative to the topic being covered at the end of a class.
Recommended or required readings
Special questions, part 1
Y.-H. LELEU, Droit patrimonial des couples, Bruxelles, Larcier, 2021
Special questions, part 2
Chroniques Notariales 2022 (PDF)
Y.-H. Leleu, Droit patrimonial des couples, Bruxelles, Larcier, 2021
Special questions, part 1
A written exam will be organized in january and in august-september (Right/Wrong, technical and reflexive questions).
All published codes or their photocopies are allowed.
Special questions, part 2
Oral examination : one prepared question (10 min/10 min) Possibility of written examination will be confirmed before november 1sdt. Either with theoretical questions about case law and controversial matters (1 hour), or with a comment of a case (2 hours).
Work placement(s)
Organisational remarks and main changes to the course
Special questions, part 1
The course is held every odd year (2017-2018 ; 2019-2020,...).
Special questions, part 2
The course is held every odd year (2015-2016, 2017-2018...).
Contacts
Special questions, part 1
yh.leleu@ulg.ac.be
Special questions, part 2
yh.leleu@ulg.ac.be