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).
5 credits
30.0 h
Q2
Teacher(s)
Schamps Geneviève;
Language
French
Main themes
The course examines several compensation schemes based on the occurrence of an accident or disaster. Some of them are distinct from a fault-based civil liability and are central to damage compensation law. The teaching pays particular attention to existing regimes and the future prospects.
Aims
At the end of this learning unit, the student is able to : | |
| 1 | The course aims to enable students to understand the mechanisms for compensating accidental or catastrophic damages, whether they are based on general rules of civil liability or derogatory to them, whether they involve risk pooling, solidarity or mixed systems based on a partnership between the public and private sectors. At the end of the course, the student should be able to critically analyze the specificities related to the compensation of accidental, collective or catastrophic damages, to compare these mechanisms with each other and to determine to what extent they depart from the general rules of civil liability. He/she should also be able to develop a constructive reflection on possible mechanisms that could be developed in the future in the face of new risks. |
Content
The course analyzes the systems for compensating damages - for which legislative changes have often been adopted as a result of dramatic situations - resulting from medical accidents (among others, the creation of a Medical Accident Fund in 2010), acts of terrorism or intentional acts of violence (for example, the attacks on Zaventem airport and the Maelbeek metro in 2016), technological accidents (the Ghislenghien disaster in 2004) or traffic accidents. Particular attention is also paid to the prospects for compensation for damages that may arise in the context of developments in artificial intelligence.
Teaching methods
Due to the COVID-19 crisis, the information in this section is particularly likely to change.
The course is given in an interactive way. Students are invited to intervene throughout it.
Evaluation methods
Due to the COVID-19 crisis, the information in this section is particularly likely to change.
The exam is written and covers only the material seen during the course.It may consist of questions commenting on a court decision, casus resolution or include open-ended questions.
Legislation and regulations seen in the course may be brought to the examination, provided they are not annotated. They may be colored.
Reference to other legal provisions is allowed.
Publications, case law decisions and slides (powerpoint) cannot be brought to the examination.
Online resources
The course material is composed of slides (powerpoint), articles of doctrine and case law decisions that illustrate the subject.
Bibliography
- V. le site Moodle du cours
Teaching materials
- V. le site Moodle du cours
Faculty or entity
BUDR
