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 personal law, property law and contract 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: the law of persons (legal capacity of persons; marriage and filiation; inheritance 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).
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 lecturer 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 the lecturer 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 the teacher refers to it to help students structure their notes. Slides outlining the different chapters are made available 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 the teacher 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:
accuracy and rigour of definitions, use of appropriate and relevant legal terminology
understanding and mastery of the concepts, institutions and rules studied
logical structure of answers (layout, reasoning, complete justifications and internal consistency)
mastery, discernment and distinction of the main historical legal developments and their impact on private law
quality of presentation (vocabulary, spelling and syntax)
Course materials :
Robaye, R., Le droit romain, 6th ed., Louvain-la-Neuve, 2023
Supplementary syllabus available on WebCampus
PowerPoint presentations covering the structure and basic concepts of the course
List of questions
Exercises, summary tables and all other useful materials available via the WebCampus platform
Recordings of the various course sessions available on WebCampus
Non-exhaustive bibliography :
Bretone, M., Histoire du droit romain, Paris, Delga, 2016
Dunant, J.-Ph. et Pichonnaz, P., Le droit romain de A à Z, coll. Quid iuris ?, Schultess, Paris, 2018
Gaudemet, J. et Chevreau, E., Droit privé romain, 3rd ed., coll. Domat Droit privé, Montchrestien, Paris, 2009
Gaudemet, J. et Chevreau, E., Les institutions de l’Antiquité, 8th ed., coll. Domat Droit public, L.G.D.J., Paris, 2014
Girard, P.-Fr., Manuel élémentaire de droit romain, éd. revue et mise à jour par F. Senn, Paris, Dalloz, 2003
Lévy J.-Ph. et Castaldo, A., Histoire du droit civil, 2nd ed., Dalloz, Paris, 2010
Lovisi, Cl., Introduction historique au droit, 6th ed., Paris, Dalloz, 2022
Robaye, R., Une histoire du droit civil, Louvain-la-Neuve, Academia, 2005
Robaye, R., Le droit romain, 5th ed., Louvain-la-Neuve, Academia - L'Harmattan, 2016
Saint-Bonnet, Fr. et Sassier, Y., Histoire des institutions avant 1789, 7th ed., coll. Domat Droit public, L.G.D.J., Paris, 2022
Vassart, P., Manuel de droit romain, Bruxelles, Bruylant, 2015
| Training | Block | Credits | Mandatory |
|---|---|---|---|
| Bachelor in Law (Evenings and Weekends Schedule) | 1 | 9 | Yes |