Key words
Civil law, IWETO code S130
Objectives
- This course is the second part of the civil law course started in the first year and continued in the third.
- Students are meant to acquire the necessary background for later professional life
- Students will acquire skills in interpreting and solving issues of laws of succession and of marriage. They will be confronted with several forms of the marital property system and should be able to draft a normal settlement and partition based on the principles of the legal system, possibly supplemented with stipulations from the marriage contract. They should be able to solve issues of legal and testamentary succession, possibly making a combination of both. Further attention will be paid to thinking and reasoning along justicial lines.
Topics
Marital property law- Legal system
- System of separation of goods
- System of community of property
- Composition of patrimonia, rights of creditors
- Allowance accounts
- Settlement and division of marital patrimonium
Succession law- Legal and testamentary succession (both parts are fully elaborated on)
- Reserve according to the law of succession
- Rights of the longest living partner
- Conversion of usufruct of the longest living partner
Influence of marriage contract on division according to succession law- Main aspects of civil and family law: descent, adoption and divorce law
Guided self-study is a part of this course.
Prerequisites
Students are expected to have thorough knowledge of the law, esp. of civil law as treated in the first part of the course on civil law.
Students are also expected to have acquired practical skills and attitude related to researching judicial texts, phrasing a judicial problem and applying acquired knowledge to the judicial problem.
Final Objectives
Knowledge:
General and job-related:
Job-related:- Knowing the law on marital property
- Knowing succession law
- Knowing the influence of marital contract on succession
- Knowing the law on descent, adoption and divorce· Knowing sources of the law
- Knowing information bearers and institutions collecting information: libraries, multimedia
- Analysing doctrine and jurisdiction
Skills:
General and job-related:- Researching information efficiently (professional methodology)
- Assessing information offered (critical attitude)
Job-related:- Efficiently tracking, listing and collecting any judicial sources
- Working with publications and databases, researching legislation, jurisdiction and doctrine on marital property and succession.
Attitudes:
Job-related:- Following up on changes and developments in jurisdiction
Materials used
Syllabus
Codex
Study costs
Codex at market price
Syllabus at the rate for photocopies in Hogeschool Gent
Study guidance
Students may ask their questions in class or in private.
Assignments prepared in a team or individually, are also discussed in class.
The lecturers coach students during self-study.
Teaching Methods
- Lectures alternate with interactive sessions and class exercises
- Exercises for individual work
- Analysis of judicial texts
- Exercises
- Self-study: working out a problem from practice individually or in a team
Assessment
- First exam session: 80% written exam and 20% continuous assessment
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Second exam session: 80% written exam and 20% continuous assessment
Students registered for the examinations only: - First exam session: 80% written exam and 20% continuous assessment
- Second exam session: 80% written exam and 20% continuous assessment
Lecturer(s)
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