A good knowledge of French is necessary to understand the course and pass the examination.
Please refer to the objectives.
At the end of the Historical Foundations of Private Law teaching unit, students will be able to master legal vocabulary and define the basic concepts of private law. They will also be able to distinguish the main classifications applicable to the development of private law.
They will be required to describe the main principles of private law and understand the basic rules of property law, contract law and personal law. They will be required to demonstrate their understanding by applying these rules to initial case studies and highlight the impact of history on the development of a legal system. At the end of the course, and taking into account its important historical dimension, students should be able to establish and explain the links between ancient concepts or mechanisms and current law.
This course aims to highlight the relativity of legal institutions and their place in time. As law is the product of history, any understanding of the rules governing society must take into account their origins. Studying the foundations of our private law allows us to understand it for what it is: a tool at the service of the society that produces it, linked to its era and in constant evolution.
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After a conceptual and historical introduction, the course addresses the three pillars of private law: property law (classification of objects and rights ; possession, ownership and title; modes of acquisition of title; dismembered rights in rem), contract law (concept, sources and sanctions; stipulation contracts, sales contracts and complex transactions) and the law of persons (legal capacity of persons; marriage and filiation; inheritance law).
These three parts begin with a presentation of concepts and classifications, then address specific issues chosen for their rich historical evolution, with the resolution of practical cases.
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See slides posted on the WebCampus platform and table of contents on pages 347 to 351 of the textbook René ROBAYE, Le droit romain, 6th ed., Louvain-la-Neuve, Academia, 2023.
The lectures aim not only to provide fundamental theoretical knowledge but also to give a practical overview of various legal issues. The different topics are addressed in an illustrated manner and encourage interaction between lecturers and students. As the course is designed to familiarise Block 1 students with the basic principles of private law, it has a lecture-based component, which lecturers will endeavour to make dynamic and participatory.
Certain parts of the course will therefore include a series of exercises of various types, in order to deepen students' skills and mastery of the subject as much as possible and prepare them for the exam.
Students are encouraged to take notes during the lecture, and a list of questions provided at the beginning of the academic year covers all the different topics studied. This list is reviewed frequently throughout the semester as the subject matter progresses, and teachers refer to it to help students structure their notes. Slides outlining the different chapters are made available in advance on the WebCampus platform. A reference manual and a supplementary syllabus are also used to support the oral course.
The course is ideally suited to students attending classes in person at the faculty, but each session is recorded using UNamur equipment and published directly on WebCampus at the end of each session, where it remains accessible throughout the academic year. While students are encouraged to attend classes in person whenever possible, the lecture is also broadcast live for those who are unable to attend.
The material covered in class constitutes the exam material, and teachers will specify, where applicable, any parts of the course that are not included in the exam material. Assessment takes the form of a three-hour closed-book written exam. Students are not permitted to bring the Bac Code with them.
The assessment takes the form of different types of questions: concepts to be defined, theoretical questions with relatively short answers, more open-ended questions requiring longer answers, case studies and practical cases.
As this is a Block 1 course with most of the teaching concentrated in the first term, an examination is held in each session (in January, June and August).
The assessment criteria are as follows:
Course materials :
Non-exhaustive bibliography :
| Training | Study programme | Block | Credits | Mandatory |
|---|---|---|---|---|
| Bachelor in Law (Evenings and Weekends Schedule) | Standard | 0 | 9 | |
| Bachelor in Law (Evenings and Weekends Schedule) | Standard | 1 | 9 |