4.0 credits
30.0 h
1q
Teacher(s)
Renchon Jean-Louis ;
Language
Français
Main themes
Like the heading reveals, the course includes two parts, which are however of very unequal importance, since the activity of the notary in the matters of the family law, others that the successions and gifs, relates primarily to partners law.
The first part, dedicated to family law in the large sense, will consist of a theoretical and practical analysis of legal provisions which govern the intervention of the notary in the matters which do not relate to partners law : statute of the human person, "will of life" , filiation, adoption, incapacity.
The second part, dedicated to partners law, married or unmarried, will be subdivided in two under-parts :
- the acquisition of the legal status of partners
- the legal dissolution of that status
"Acquisition of the legal status of partners" means the choice made by the partners to subject themselves or not to a legal status (marriage, legal cohabitation, factual cohabitation) and to conclude or not a contract intended to govern the personal and/or patrimonial status of both the partners (marriage convention, convention of legal cohabitation, convention of common life).
There will be an analysis : 1°. of the legal tendencies governing the status of partners, both married and unmarried, and 2°. of the specific provisions which can be adopted in the contracts received by the notary.
"Legal dissolution of the couple status" means the legal process which results in dissolution of the union and legal status that had been choosen.
The will be a theoretical and practical analysis of the various processes of dissolution of a couple, married or unmarried, which are likely to imply the intervention of a notary : convention of separation of married or unmarried persons, divorce procedure by mutual assent, convention of liquidation of a matrimonial regime or joint possession, liquidation of such a matrimonial regime or joint possession after divorce.
Taking into account the aims of the course and important place taken by the notaries at the time of the acquisition of the legal status of partners and of the dissolution of the couple, there will be a specific attention to the drafting of notary deeds and to the reflection on the sociological and psychological context of the intervention of the notary in the various problems posed to the contemporary couples.
Aims
There is a triple objective assigned to the course of lessons :
- allow the student to analyze further its theoretical knowledge and its comprehension of the legal provisions in the various matters of the family law which are related to the notary activity;
- allow the student to establish the link between the aforementioned rules and their application in a notary office, firstly while learning how to solve the problems which can be posed in concrete situations and secondly while learning how to draft the notary deeds most significant in the studied field;
- allow the student to develop a critical and innovating reflection related to the role of the notary in the studied matters.
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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