5.0 credits
30.0 h
1q
Teacher(s)
Van Boxstael Jean-Louis ;
Language
Français
Main themes
Save for the study of the special procedure of the periodic penalty payment, as financial incentive to the execution of decisions imposing benefits in kind, the main part of the lecture consists in the examination of the mechanism and procedures set up by the 5th part of the Judicial Code, either to insure the protection of the debtor's estate to the benefit of his/her creditors - measures of conservation -or to make possible the realization of part of or of the whole of this estate in order to provide with the forced execution of the obligation to pay the sum - the executions -, or either to limit the effects of the overindebtness : the "règlement collectif de dettes" ( a kind of private bankruptcy ). Common principles to all kind of seizures are mentioned, then those who apply more specifically to the measures of conservation, followed by a detailed examination of these seizures. The lecture continues with the study of the general rules applying to enforcement, which are examined in detailed before tackling the procedure of the "règlement collectif de dettes".
Aims
The purpose of the lecture is twofold:
- On the one hand, this lecture aims at completing the students' information by studying the 5th part of the Judicial Code/Code of Judicial Procedure, which has not been examined during the previous years.
- On the other hand, it aims at training the students to the judicial practice on the hand of a concrete examination of the envisaged procedures.
This lecture is part of a coherent finality. The lecturers of this finality are part of a teaching team. They consult each other about the content and the methods of each lecture in order to ensure the complementarity of the lectures.
As much as possible and considering the number of the registered students, the lecture is based on these educational and participative methods. The lecturer illustrates the lecture with examples and invites the students to apply the newly acquired knowledge to concrete situations.
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”.
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