UCL - Judicial Notary Law

[NOTA2007]

[30h] 4 credits

Teacher(s): Christian Panier, Jean-François Van Drooghenbroeck

Language: French

Level: Second

Aims
Main themes

Aims

The aim of the course is not to analyze further the general concepts already taught in the course of the Master of Law. It has on the contrary a specific objective : to initiate the students to the legal procedures which are directly connected to the exercise of the notary profession, regulated bay articles 1148 and following of the legal procedure Code ("Particular procedures"). On the basis of a very complete syllabus, the various procedures are successively analyzed from an at the same time theoretical and practical point of view. The theoretical approach describes the principles and essential rules which underlie each procedure while insisting on the bonds and connections which exist between them and the rules and principles of civil, commercial and tax law. The practical approach is primarily centered on the concrete problems with which the notary is confronted while getting to work and implementing each one of these procedures. The teaching also takes care to integrate the European dimension of execution of debts resulting from notary deeds.

Main themes

The contents are in direct connection with the objective defined. In a first part, a certain number of notary procedures are examined which present, for the majority, a relation to opening and liquidating successions and joint possessions : seals, inventory, sale of assets belonging to incapables or comparable persons, certain sales of furniture, divisions by consent of parties and contentious divisions and a short outline of the procedure rules related to profit acceptance. The second part of the course is devoted to execution, after recalling the general principles related to executory force (national and European), both the judicial and notarial. It continues with study of the procedure of order, of the collective payment of debts, and completes by commenting the arrestment, oppositions and transfers of debs practiced between the hands of the notary.