Foundations of Law

Teacher(s)

Slingeneyer de Goeswin Thibaut ; Bernard Diane ; Bonbled Nicolas ; Lambrecht Maxime ;

Language

Français

Main themes

The first part of the course examines the institutional environment by examining the various legal provisions applicable. This involves identifying regulations (international Treaties, regulations and European Community directives, the Belgian Constitution, federal laws, decrees and prescriptions of the communities and regions…), the authorities from which they emanate (who makes the international treaties? Where do Community and regional decrees come from?…), their development (how are these regulations drawn up and published?), and their material field of application (what is the competence of the federal authority? what is the field of action of the communities and regions?). The second part is primarily focused on fundamental issues relating to legal transactions, through which the individual is able to implement his/her legal right to freedom of action (autonomy of will, consensualism, conditions of validity of an act, proof, implementation). Students will be taught the basic principles governing civil liability (conditions of implementation, fault, compensation)

Aims

This course aims to give a clear picture of the institutional and legal environment of Belgian society through the legal provisions in place, to enable students to understand the difference between Law imposed by public authority and Law that individuals are permitted to draw up for their own needs, through legal acts and contracts. The focus of the course is on analyzing and understanding a range of texts currently in force (international treaties, Belgian Constitution, laws, decrees and prescriptions) and understanding the reasons behind the solutions they impose and the mechanics behind their implementation. In this way, students should gain an initial overview which, because it is about Law, should alert them to certain basic realities: precise concepts (cancellation, abrogation, suspension), relevance (not to confuse the thing involved, its causes and its consequences) and correct analysis and expression (how is a federal law different from a regional decree?).

The contribution of this Teaching Unit to the development and command of the skills and learning outcomes of the programme(s) can be accessed at the end of this sheet, in the section entitled “Programmes/courses offering this Teaching Unit”.

Content

Introductory chapter The concept of Law The branches of Law Part I: the sources of general and abstract rules Systematic study of the rules of national law (Constitution, laws, decree, prescriptions, collective agreement, habit, case law, etc…) and international law (European Union, European Communities, European Convention of human rights). Part II: Introduction to private law General theory of legal transaction (Concepts, classifications, constituent components, irregularity sanctions , criminal and contractual responsibility). Method The course consists entirely of lectures: there is no accompanying practical work or review sessions.

Other information

Course entry requirements: there are no particular entry requirements. Students should however possess an accurate knowledge of the French language and some idea, however elementary, of how society is organized. Evaluation: students' acquisition of the subject matter is tested through an examination Course materials: there is a course handout summarising the course. This summary is built on in the lectures. The course also makes reference to a number of texts (Code, etc…) and students are expected to become familiar with these texts in order to fully understand the subject matter.

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