Subject specific skills : - Understand and assimilate the rules of Belgian substantive law in the main areas of family law, including matrimonial property law, but excluding inheritance law and liberalities; - To learn to understand the major issues that Western societies face as a result of the considerable changes affecting family and emotional relationships and, at the same time, to reflect on the legal responses that are or can be made to these issues; - Understand the links with other branches of law and the humanities; - Based on the light of legislative, jurisprudential and doctrinal sources, construct a rigorous analysis and critically reflect on the solutions that family law provides to different situations; - Make comparisons and develop a critical view of legal mechanisms; - To move from the abstraction of the norm to the concrete fact and, conversely, to transform a field problem into legal questions, notably through illustrations drawn from case law and the resolution of practical cases; - To become aware of the relative and evolving nature of legal solutions and the controversies they may generate in family law; - Take an interest in current family issues and understand the issues at stake. Cross-cutting competences : - Ability to develop a rigorous and reasoned analysis of jurisprudential solutions, adding a personal and critical perspective; - Build a structured, well-founded and convincing argument; - Projecting oneself into concrete situations, designing good examples, identifying the advantages and disadvantages of different solutions; - Public speaking (by answering questions in class and in the monitors) ; - Defend a point of view in an argumentative manner (when solving cases); - Enriching the material taught by personal interventions (orally in class); - Use the French language as a tool for legal thinking and master legal terminology; - Mobilise specific language skills in Dutch, at least receptively; - Valuing the commitment to the defence of fundamental rights, including the rights of the child.
The aim of the Family Law course is to introduce the main questions posed to the lawyer by the complexity of family relations and to describe in sufficient detail the answers that Belgian law tries to provide, without forgetting a critical approach to the solutions proposed. The course insists on the concrete aspects of the implementation of family law. It also aims to make students aware of the new challenges of contemporary family law (new forms of life in couples, facilitation of divorces, importance of mediation, new modes of procreation, evolution of the place of the father, advent of the rights of the child,...).
Two main areas are addressed: the couple and the children. In the first axis, the course successively addresses de facto cohabitation, legal cohabitation and marriage. The various forms of legal responses to crises in the couple are considered each time. The second axis is devoted to filiation and adoption. Throughout these two parts, the rules of operation of the family court, discussed in the first part of the course, are applied.
The assessment takes the form of a 3-hour written examination on the content of the Family Law Handbook as well as on the material developed in the oral course and during the four monitoring sessions. The teacher specifies, if necessary, the parts of the book that would not be part of the examination material. The assessment is closed book. The student may, however, bring the legal texts with him/her during the examination. Method : The evaluation has two parts. The first part (10 points) takes the form of a multiple-choice questionnaire, in order to check the perfect mastery of the concepts seen in the course. A second part (10 points) is presented in the form of the resolution of a practical exercise allowing the evaluation of the student's ability to put into practice and into situation (the monitoring sessions accompanying the course are intended to prepare the students for this exercise). The answer to this question is in principle corrected and evaluated by the assistant in charge of the monitoring, under the supervision of the professor. Evaluation criteria : - understanding and mastery of the concepts and rules applicable to family law; - the ability to solve concrete cases correctly; - precision, relevance and rigour of the reasoning as well as its legal justification (reference to legal bases and case law); - the quality of the expression and the structuring of the answer.
- Droit de la famille, Brussels, Larcier, Collection de la faculté de droit de l'UNamur, 1st edition, 2022 - Powerpoint slides to summarise the material, available on Webcampus - Useful documents to illustrate the subject and to deepen certain questions (articles of doctrine, decisions of jurisprudence, procedural documents), available on Webcampus