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.
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).
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.
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.
PRINCIPLE: written or oral exam, at the student’s discretion. The exam is organized only in January and August-September. METHOD AND QUESTIONS. Written exam: six questions, including two definitions, two short questions and two long questions, requiring the ability to properly construct a legal argument and compare different notions. Oral exam: five questions, including one definition, two short questions and two long questions, requiring the ability to properly construct a legal argument and compare different notions. The exam takes place under the supervision of the professor and an assistant lecturer. In both the written exam and the oral exam, some questions are presented as practical problems to be solved. EVALUATION CRITERIA: ability of the student to explain the topic in a structured way and use adequate terminology, ability of the student to use the code of civil procedure and find the relevant statutes; the student must demonstrate his understanding of the matter and must be able to compare notions, to reason by way of an analogy or to apply the principles to practical cases.
| Training | Study programme | Block | Credits | Mandatory |
|---|---|---|---|---|
| Bachelier en philosophie | Standard | 0 | 5 | |
| Bachelier en droit | Standard | 0 | 5 | |
| Bachelier en philosophie | Standard | 2 | 5 | |
| Bachelier en droit | Standard | 2 | 5 | |
| Bachelier en philosophie | Standard | 3 | 5 |