Law on Security Interests

ldroi2107  2019-2020  Louvain-la-Neuve

Law on Security Interests
Note from June 29, 2020
Although we do not yet know how long the social distancing related to the Covid-19 pandemic will last, and regardless of the changes that had to be made in the evaluation of the June 2020 session in relation to what is provided for in this learning unit description, new learnig unit evaluation methods may still be adopted by the teachers; details of these methods have been - or will be - communicated to the students by the teachers, as soon as possible.
4 credits
30.0 h
Dubuisson Bernard (compensates Durant Isabelle); Durant Isabelle;
Main themes
The course is divided into three parts. The first part is devoted to the economic role of security interests and to general principles concerning the creditors' right to sue debtors. Then real security interests are studied and, finally, personal security interests. Regarding real security interests (pledge, liens, mortgage and real security interests generated by practice) as well as personal security interests (suretyship, joint and several liability and personal security interests generated by practice), the course defines each of them and examines systematically their working. The course also examines the most common disputes between secured creditors.

At the end of this learning unit, the student is able to :

1 The course "Law on Security Interests" aims at letting acquired by students the basic knowledge relating to mechanisms providing a guarantee effect. It aims also at making students well suited not only to choose the most appropriate mechanism in a specific situation but also to resolve conflicts between secured creditors. More specifically, at the end of the course, students should be able: - to define security interests, - to show the economic importance of security interests, - to describe the features and the working of each kind of security interest, - to determine the rank of each secured creditor in cases of conflict between several creditors, - to choose the most appropriate guarantee in accordance with given factual elements, - to resolve conflicts between secured creditors. Students, which have for some of them to follow practical work, may express the wish to do it in the field of security interests.

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
Written exam.
Fr. T'KINT, Sûretés et principes généraux du droit de poursuite des créanciers, 4e éd., Bruxelles, Larcier, 2004.
Faculty or entity

Programmes / formations proposant cette unité d'enseignement (UE)

Title of the programme
Master [120] in Law