Due to the COVID-19 crisis, the information below is subject to change,
in particular that concerning the teaching mode (presential, distance or in a comodal or hybrid format).
4 credits
30.0 h
Q1
Teacher(s)
Dubuisson Bernard (compensates Durant Isabelle); Durant Isabelle; George Florence (compensates Durant Isabelle);
Language
French
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.
Aims
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. |
Evaluation methods
Due to the COVID-19 crisis, the information in this section is particularly likely to change.
Written exam.
Bibliography
Fr. T'KINT, Sûretés et principes généraux du droit de poursuite des créanciers, 4e éd., Bruxelles, Larcier, 2004.
Teaching materials
- Codes essentiels Insolvabilité et garanties (Larcier)
Faculty or entity
BUDR
