Goals

The course seeks to examine the general principles governing civil procedure; to teach students to use the code of civil procedure; to initiate students to the course of a trial.

Content

The course is divided into three parts.  The first covers the general principles of this area of law, alternative dispute resolution mechanisms and various rules governing civil procedure.  The second deals with jurisdiction.  The third examines the rules of procedure (summons, preparation of submissions, incidents, judgment and appeal).

Table of contents

PRINCIPLES OF CIVIL PROCEDURE. FIRST PART – GENERAL PRINCIPLES. Chapter 1 . Civil procedure and code of civil procedure – chapter 2.  Principles of civil procedure – chapter 3. Preliminary rules of the code of civil procedure – chapter 4. The right to bring civil action to trial – chapter 5. Claim and defence – chapter 6. Nullities – chapter 7. Waiting periods – chapter 8. Alternative dispute resolution mechanisms – chapter 9. Legal professions. SECOND PART – JURIDICTION.  Chapter 1. General rules of jurisdiction – chapter 2. Territorial jurisdiction – chapter 3. Jurisdiction by subject matter. THIRD PART – PROCEDURE.  Chapter 1. Writ of summons - Chapter 2. Preparation of submissions and pleadings – chapter 3. Judgment – chapter 4. Specific procedures – chapter 5. Incidents – chapter 6. Evidence – chapter 7. Litigation costs - Chapter 8. Appeal -  Chapter 9. Enforcement of judgment and attachment proceedings – chapter 10. Legal aid.

Exercices

Tutorials, organized to help students acquire a more in-depth knowledge of the subject matter and discover its practical aspects. Tutorials include the study of the exercise book, notably examples of documents used in civil procedure.

Assessment method

FORMAT: Written or oral exam, at the student's choice. The exam is organized only in January and August.

SUBJECT MATTER: The subject matter to be studied is that outlined in the syllabus, excluding any numbers that are not part of it and will be listed in an updated document each year and distributed on Webcampus.

EXAM METHOD AND QUESTIONS:

Whether written or oral, different types of questions may be asked:

  • One or more definitions (the term to be defined may be formulated in Dutch and must, in this case, be translated beforehand),
  • One or more practical cases,
  • True or false questions, with justification of the answer,
  • A commentary on a judicial decision, a doctrinal article or an article of the Judicial Code,
  • The comparison between different concepts or different situations.

In an oral exam, students are questioned by the professor and an assistant.

Evaluation criteria:

  • The student's ability to reproduce the subject matter in a structured manner and using the appropriate terminology,
  • The student's ability to use the Judicial Code and other normative sources and to find the relevant legal provisions therein,
  • Demonstration by the student that he/she understands and masters the subject matter so that he/she is able, in particular, to make comparisons, reason by analogy and apply the principles to practical cases.

Language of instruction

Français
Training Study programme Block Credits Mandatory
Bachelor in Philosophy Standard 0 5
Bachelor in Law Standard 0 5
Bachelor in Philosophy Standard 2 5
Bachelor in Law Standard 2 5
Bachelor in Philosophy Standard 3 5