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.
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.
The teaching is based on a textbook which contains the essential material. The oral course is also based on slides. The teacher submits concrete cases to the students, inviting them to apply the concepts seen, and even to try to clarify their practical scope. These concrete cases highlight the interest of using common law in the legal reasoning of the application of specific rules to special contracts. The teachers also use the Webcampus tool as a means of communication with the student: announcements, course schedules, etc. This tool is also valuable as a teaching platform. Teachers regularly post summaries and plans as well as additional documents that facilitate the learning of the subject or allow for a more autonomous deepening of the subject.
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.
• 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
| Training | Study programme | Block | Credits | Mandatory |
|---|---|---|---|---|
| Bachelor in Law | Standard | 0 | 3 | |
| Bachelor in Law | Standard | 3 | 3 |