Goals

The course has two main objectives. On the one hand, to teach students the specific rules of the main contracts governed by the Civil Code. On the other hand, to underline the interest of the recourse to the common law in the application of these specific rules. On this occasion, key terms of the subject will be identified in the Dutch language.

Content

The course begins with an introduction to the concept of "special contracts" and a presentation of the main contracts governed by the Civil Code. The importance of the qualification operation is underlined. The course then focuses on the four most commonly used contracts in legal practice: sale, business, mandate and lease. For each contract, the issues underlying the legal regime (position of the parties, interests involved, etc.) are addressed. Beyond the study of the specific rules of each contract, the teaching insists on the interest of the recourse to the common law. The teaching method aims to familiarise the student with practice based on concrete cases (note the absence of practical work sessions). Furthermore, in order to confront the student with the Dutch vocabulary of the subject, the materials used in the oral course will refer to the main terms concerned.

Assessment method

The examination is written and is marked out of a total of 20 points. It consists of three types of questions. 1. Two special contract vocabulary words in Dutch (2 points); 2. Reflective questions (12 marks): theoretical knowledge of the subject matter is required; students must compare concepts, demonstrate understanding and develop a personal argument; 3. Case study questions (6 points): the aim is to measure the students' ability to apply the concepts they have seen to concrete situations, as well as their ability to make useful links with the common law of obligations.

Sources, references and any support material

• A. Cruquenaire, C. Delforge, I. Durant, F. George, C. Hélas and P. Wéry, Droits des contrats spéciaux, 6th ed, Liège, Kluwer, 2022; • Slides ; • Some additional documents posted on Webcampus

Language of instruction

French
Training Study programme Block Credits Mandatory
Bachelier en droit Standard 0 3
Bachelier en droit Standard 3 3