Content

This course comprises a thorough introduction to the principles (including the sources) of law. It is the first comprehensive introduction to the technical aspects of positive law, with obvious attention for the values underlying the law and the various legal concepts that are at stake.
The law is approached from a double perspective: as a system of objective rules and as a set of subjective rights an individual can claim based upon these rules.

•  In the second part (regarding subjective rights), some fundamental principles of private law will be discussed (eg. legal personality, rights and property, juristic acts and facts, legal sanctions,...). Accordingly, the second part prepares the students to study the law of obligations and more specialised courses on private law.

Calendar

Part V: Subjective rights, justiciable subjects, juristic facts and juristic acts
• Subjective rights and their limitations (abuse of law)
• Legal personality: natural persons & legal persons
• Rights and property (various sorts of goods and rights (e.g. real rights, personal rights, intellectual rights, personality rights)
• Juristic facts and acts (concept and key features)
• General rules on evidence and the burden of proof
• Agency (legal and contractual)

QUESTION CLASS

Course material

MANDATORY
• TILLEMAN, B & DEMARSIN, B., Inleiding tot de rechtswetenschap, II dln, Acco, 2013
• VRG-codex 2013-2014, VRG, Kluwer, 2013
RECOMMENDED
• Slides will be distributed through the digital platform TOLEDO.
• The Belgian quality press and the Juristenkrant are recommended literature for all law students.

Language of instruction: more information

The course is taught in Dutch. However, an interest and proficiency in other languages, especially French, may serve the students well.

Format: more information

This course consists of lectures that aim to familiarize the student with the technicalities of the Belgian positive law, by making use of examples and hard cases to discuss. They contribute to a clear and vivid introduction to the structure, the functioning and the content of Belgian positive law, with emphasis on the concepts, principles (including the sources of law) and the method of legal science.
During the lectures, students are strongly invited to interact with the teacher through active participation.
A number of optional tutorials ("monitoraat") will be organised to assist the student in his learning process.
An optional trial exam that is representative for the final exam will be organised in November. Participation in both the tutorials and the trial exam is not mandatory, but strongly recommended.
Accordingly, the students will train their legal reasoning capacities. At the end he must be able to solve real-life legal cases by making use of the theoretical concepts introduced and analysed in the lectures and the tutorials.

Content

This course comprises a thorough introduction to the principles (including the sources) of law. It is the first comprehensive introduction to the technical aspects of positive law, with obvious attention for the values underlying the law and the various legal concepts that are at stake.
The law is approached from a double perspective: as a system of objective rules and as a set of subjective rights an individual can claim based upon these rules.
• In the first part, the various sources of law (legislation, case law (and judicial construction), legal writing, customary law, equity and fairness and general principles of law) their interrelationship and the hierarchy of the norms are discussed (primacy of the specific rule, primacy of the higher rule, appliance of the law in time and time). As such, the course offers a framework for legal thinking and lays the foundations for all other public law courses.

Calendar

Part I: What is law?
• Definition of (objective) law: what distinguishes the law from other rules
• Enforcement of legal obligations
• Concepts regarding to objective law: positive law, common rule - specific rule, procedural and substantive law
• Concepts regarding to objective law: supplementary rules, imperative rules and rules of public order with special attention for the social context and the increase of the use of imperative rules
• Classification of the law in legal branches: a) summa divisio private law - public law with special attention for recent societal trends and such as public-private cooperation; b) subdivisions of private and public law
• Aims and objectives of the law with introduction to the most important classic authors with regard the that topic

Part II: Fundamental characteristics of the Belgain legal order
• The constitutional state (rule of law)
• The separation of powers
• The sovereignty of the nation
• The hereditary parliamentary monarchy
• The federal state

Part III: Legislation as a source of law
• Material and formal federal legislation
• Federal legislation (law-making (parliamentary procedure) and various types of federal legisation)
• Community and regional level: legislation of the member states (federation and confederation - consecutive reforms of the Belgian union state - competence ratione materiae and ratione loci aspects and institutions of the member states
• Sources of international law (treaties (the matter of implementation and direct appliance) and the secondary norms (directives, regulations, decisions); position of the international legal order and the national legal order
• Hierarchy of the norms and legal protection of the citizens
• Application of the law in time and space (including the principle of legal certainty)

INTERMEZZO: TRIAL EXAM

Part IV: Other sources of law
• Case law and the organisation of the judicial branch (case law as a source of law - techniques of legal reasoning - exegetic and free scientific school)
• Legal writing
• General principles of law
• Customary law

Course material

MANDATORY

• TILLEMAN, B & DEMARSIN, B., Inleiding tot de rechtswetenschap, II dln, Acco, 2013
• VRG-codex 2013-2014, VRG, Kluwer, 2013
   

RECOMMENDED
 

• Slides will be distributed through the digital platform TOLEDO.
• The Belgian quality press and the Juristenkrant are recommended literature for all law students.

Language of instruction: more information

The course is taught in Dutch. However, an interest and proficiency in other languages, especially French, may serve the students well.

Format: more information

This course consists of lectures that aim to familiarize the student with the technicalities of the Belgian positive law, by making use of examples and hard cases to discuss. They contribute to a clear and vivid introduction to the structure, the functioning and the content of Belgian positive law, with emphasis on the concepts, principles (including the sources of law) and the method of legal science.
During the lectures, students are strongly invited to interact with the teacher through active participation.
A number of optional tutorials ("monitoraat") will be organised to assist the student in his learning process.
An optional trial exam that is representative for the final exam will be organised in November. Participation in both the tutorials and the trial exam is not mandatory, but strongly recommended.
Accordingly, the students will train their legal reasoning capacities. At the end he must be able to solve real-life legal cases by making use of the theoretical concepts introduced and analysed in the lectures and the tutorials.

Is also included in other courses

• C02X1B : Inleiding tot de rechtswetenschap