5.0 credits
30.0 h
2q
Teacher(s)
Jauniaux Olivier (compensates Durant Isabelle) ;
Wéry Patrick (compensates Durant Isabelle) ;
Durant Isabelle ;
Language
Français
Main themes
The course is divided into two parts. In a first part, the private facets of the acquisition of a built real estate are examined, considering that an acquisition may result from a primary mode (such as construction) or from a secondary mode (such as contractual transfer). The second part of the course is devoted to private facets relating to possession of built real estates, considering that possession may result from a ius in re (real or property right) or ius ad rem (obligatory right). For each of those two parts, sometimes basic knowledge are detailed (sale contract, contract of hiring of work, liability of builders, etc.), sometimes new acts are studied (Act "Breyne", Act relating to Commercial Leases, Time-Sharing, etc.).
Aims
The course "Real Estate Law" aims at completing the students' basic knowledge relating to contract law, law of obligations and property law, starting from the themes of acquisition and possession of built real estates. The course aims also at enabling students to develop their capacity to compare legal mechanisms of acquisition and possession and to choose the most appropriate mechanism in accordance with given factual elements.
More specifically, at the end of the course, students should be able:
- to analyze the provisions contained in the commented acts and to comment the interpretation of those provisions generally given by the case-law and by the authors,
- to show in-depth knowledge about private facets of real estate acquisition and possession transactions, and
- to reveal a critical mind concerning the effects which the choice of a transaction may generate in a specific case.
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.
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”.
Evaluation methods
Exam: oral exam
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