UCL - European and comparative law of torts

[DROP2013]

[30h] 5 credits

This course is taught in the 2d semester.

Teacher(s): Michaël Faure, Denis Philippe

Language: French

Level: Second

Aims
Main themes

Aims

The course aims at making the students aware of the relativity of the Belgian system on torts as based on the civil Code. The solutions of Belgian law will be compared with the solution elaborated by other legal systems, specifically in Europe. The course will also present the harmonization process of European civil law supported by the European Union. At the end of the course, the students must be able:

- to appreciate the relevance of the solution defended in Belgian law in comparison with the rules issue by other legal systems;
- to propose a critical analysis of the various solutions;
- to appreciate the movement of harmonization of tort law in Europe.
The course is based on participatory teaching methods (learning through projects or problems, review of the relevant case-law and doctrine, debates with guest speakers, field studies ...) which allow the students to develop independently a critical, forward-looking and inventive look on public international law. Students are encouraged to participate and to get involved in learning, which has both an individual and a collective dimension.

Main themes

From the choice of various topics, the course will examine in the perspective of comparative law the solution chosen and the methods used by various European legal systems originated from common or civil law. The European principal of European tort law issue from the various European working groups will also be analyzed.

The course aims to open new perspectives and to throw a critical look at the Belgian system through comparative law and the economical analysis of law. The exam of further legal systems will allow not only to put into perspective the solution adopted by the Belgian law, but also to envisage different means to solve similar questions. At the border between law and economics, the economical analysis of law aims to stress and to study the economical and financial impact of compensation systems in order to determine the most efficient systems with regard to the achievement of objectives (prevention and compensation).