Private and Family Law and Law of Family Property (B-KUL-C02B6A)

This is a translated version. Original version in Dutch.
9 ECTSDutch78 Second term
Verbeke Alain-Laurent (coordinator) |  Boone Ingrid |  Verbeke Alain-Laurent |  Thijs Hannelore (cooperator)
POC Rechten

At the end of this course the students are able to explain the core concepts and fundamentals of the law of persons, family law and family property law and to situate them within their social and legal context.

They are able to deduce the legally relevant facts from real-life cases and to indicate the legal problems.

They are able to connect the rules of the law of persons, family law and family property law with the facts in a legal case and to apply these rules in a logical and systematic manner, while using the legal code, in order to attain a legally sound solution.

They are able to search and process the field-specific legislation.

This course contributes to the following learning outcomes and core goals:

The student acquires a basic knowledge of and a basic insight in Belgian, European and international law. He is familiar with the legal terminology, the theoretical framework and the source materials of public and private law.

The student:

·         is able to accurately use legal and other field-specific terminology and basic concepts in field-related discussions or questions

·         has a thorough knowledge of and insight in the basic field-specific concepts.

The student has a general knowledge about humankind in society and has a basic insight in the historical and current socio-economic and political circumstances that influence the law and that help shape society. The student can handle the dynamic nature of the law and is able to situate the law in its social and historical context.

The student

·         has insight in the historical, economic and/or social background of the core field-specific rules and can handle the dynamic development of the law.

The student employs a systematic method in solving legal cases. He is able to make a synthesis and analysis of the relevant legal facts and to connect the essential legal rules with these facts autonomously. He applies a logical and legally sound reasoning.

The student

·         infers legally relevant facts from an empirical account of facts

·         formulates conceivable legal questions in an empirical account of facts

·         indicates the legal rules and legal issues in real-life cases

·         connects the legal rules with a real-life legal case to attain a legally sound solution

·         develops a systematic approach in drawing up legal and/or other field-specific solutions

·         substantiates a legal reasoning in a logical way.

The student is able to communicate clearly and correctly in academic Dutch, both in writing and verbally, and uses a correct register. He can communicate both with confreres and laymen.

The student

·         has a command of academic Dutch, both in writing and verbally.

For legal course units, a flexible prerequisite requires already having taken the following course units of the first stage: "Introduction to Legal Sciences", "Law of Obligations" and "Public law I. Constitutional law and Administrative law".

For most of the students, these requirements will be automatically met in consequence of art. 23 of the education regulations, stating that students who register for the first time as well as students who reregister, should follow anyhow all course units of the complete programme of the first stage before being allowed taking other course units.

This course is identical to the following courses:
HBR11A : Private and Family Law and Law of Family Property
C02X4A : Family Law and Family Property Law
C06X3A : Family Law and Family Property Law (for Students working their way through University)

Activities

9 ects. Private and Family Law and Law of Family Property (B-KUL-C02B6a)

9 ECTSDutchFormat: Lecture78 Second term
POC Rechten

In the part law of persons and family law, the students acquire knowledge of and insight in the legal protection of a person as an individual and in the creation and termination of filiation, marriage and cohabitation and their legal consequences.

In the part family property law (including matrimonial/relational property law, inheritance, donations and wills) the students acquire knowledge of and insight in the patrimonial consequences of marriage, cohabitation and death and of how to anticipate on the legal consequences.

 Agenda:

1.     General information and introduction (structure of the course, learning goals, teaching method, course materials and evaluation; developments and current tendencies, sources)

2.     Filiation: introduction, developments, maternal filiation

3.     Filiation: paternal filiation

4.     Filiation: paternal filiation

5.     Filiation: assisted reproduction and maternal filiation

6.     Filiation: exercises

7.     Adoption

8.     Name

9.     Gender and transgenders

10.   Children: incapacity to act and parental responsibility

11.   Children: parental responsibility (sequel)

12.   Children: parental duties

13.   Marriage: introduction, entering into a marriage

14.   Marriage: status of spouses (introduction, primary matrimonial law)

15.   Marriage: status of spouses (primary matrimonial law, sequel)

16.   Marriage: dissolution of marriage (divorce on irretrievable breakdown of marriage)

17.   Marriage: dissolution of marriage (divorce by mutual consent)

18.   Marriage: secondary matrimonial law: definition, statutory matrimonial property regime: introduction, types of estate

19.   Marriage: secondary matrimonial law: composition of the estates

20.   Marriage: secondary matrimonial law: composition of the estates (sequel)

21.   Marriage: secondary matrimonial law: management of the estates

22.   Marriage: secondary matrimonial law: liquidation and distribution

23.   Marriage: secondary matrimonial law: liquidation and distribution (sequel)

24.   Marriage: secondary matrimonial law: conventional regimes (introduction, community property regimes)

25.   Marriage: secondary matrimonial law: separation of property regimes

26.   Marriage: secondary matrimonial law: marriage contract and modification

27.   Cohabitation: registered partnership and unformal cohabitation (establishment, legal position, termination, evaluation)

28.   Cohabitation: cohabitational property law

29.   Vulnerable adults

30.   Donations: introduction, definition, validity requirements: substantive requirements

31.   Donations: formal requirements, consequences

32.   Law of succession: introduction, opening of the succession, capacity to inherit

33.   Law of succession: statutory devolution

34.   Law of succession: statutory devolution (sequel)

35.   Testamentary devolution

36.   Testamentary devolution (sequel)

37.   Law of succession: reserved portion of the estate

38.   Law of succession: liquidation and distribution of the estate

39.   Law of succession: liquidation and distribution of the estate (sequel)

Please consult Toledo.

Evaluation

Evaluation: Private and Family Law and Law of Family Property (B-KUL-C22B6a)

Type : Exam during the examination period
Description of evaluation : Written
Type of questions : Open questions
Learning material : Calculator, Code/lawbook