6 ECTS credits
150 h study time

Offer 1 with catalog number 1005052ANW for working students in the 1st semester at a (A) Bachelor - preliminary level.

Semester
1st semester
Enrollment based on exam contract
Impossible
Grading method
Grading (scale from 0 to 20)
Can retake in second session
Yes
Enrollment Requirements
Volgtijdelijkheid: De student is ingeschreven in de Bachelor in de Rechten, alsook voor het studiedeel ‘Verbintenissen uit Overeenkomst een eenzijdige wilsuiting’ en heeft reeds 60 SP verworven binnen de Bachelor in de Rechten en een credit behaald voor ‘Grondwettelijk Recht’, of de student is ingeschreven in de Bachelor in de Rechten - met Studieduurverkorting, alsook voor het studiedeel ‘Verbintenissen uit Overeenkomst een eenzijdige wilsuiting’ of de student is ingeschreven in het Schakelprogramma of Voorbereidingsprogramma Master in de Rechten, of de student is ingeschreven in de verkorte Master in de Rechten - Gent akkoord.
Taught in
Dutch
Faculty
Faculty of Law and Criminology
Department
Private Law
Educational team
Nico Clijmans
Stijn Van Schel
Pascal Vanderosieren
Jachin Van Doninck (course titular)
Activities and contact hours

39 contact hours Lecture
13 contact hours Seminar, Exercises or Practicals
90 contact hours Independent or External Form of Study
Course Content

During the lectures, the following themes will be taught:

  • Situating procedural law and the law of civil procedure, explaining the legal sources and the fundamental principles of due process
  • scope of the Judicial Code (personal, geographical, in time) and analysis of the key concepts of civil procedure (conflict, dispute, action, claim, defence, conditions of admissibility)
  • judicial organisation
  • competence
  • civil procedure: from the commencement of proceedings to judgment
  • interlocutory proceedings and costs
  • sanctions and special procedures, in particular emergency procedures
  • remedies
  • measures of seizure and means of enforcement
Course material
Handbook (Required) : Gerechtelijk privaatrecht, Na de hervorming van 2017-2019, Maes Bruno - Vanlersberghe Patricia - Clijmans Nic - Van Schel Stijn, Die Keure, Brugge, 9789048636518, 2019
Course text (Recommended) : Gerechtelijk recht, De rechtspraak en de rechtsleer vermeld in de cursus (voornamelijk in voetnoot) en/of toegelicht tijdens de hoorcolleges.
Digital course material (Recommended) : Powerpoint-presentatie
Additional info

For this course, the course manual gerechtelijk recht by Bruno Maes et al., published by die Keure (most recent edition) will be used. The use of the Judicial Code is indispensable for this course, so students must be in possession of the most recent edition.

The lectures are given by means of PowerPoint presentations that delineate the subject matter. For each theme, a module is created on Canvas in which the corresponding pages of the manual that serves as study material are listed.

Learning Outcomes

General competencies

  1. Through a clear exposition of a complex subject matter, students acquire a thorough and practice-oriented knowledge and understanding of the essential rules of the law of civil procedure.
  2. Students are able to use the Judicial Code in practice and, if necessary, other legal texts, whereby the emphasis lies on the importance of certain legal articles for legal practice and on the interpretation (ratio legis) of these texts (on the basis of the case law of the Court of Cassation and of other courts and tribunals, as well as of fundamental legal doctrine).
  3. The student acquires insight into the often complex development of procedural law through a systematic exploration of the applicable terminology (with attention to certain imperfections or gaps in the legal texts).
  4. Students acquire critical insight into the social context of procedural law and the depth of this branch of law.

Grading

The final grade is composed based on the following categories:
Written Exam determines 75% of the final mark.
PRAC Presentation determines 25% of the final mark.

Within the Written Exam category, the following assignments need to be completed:

  • Written exam with a relative weight of 1 which comprises 75% of the final mark.

Within the PRAC Presentation category, the following assignments need to be completed:

  • Presentation & Decision with a relative weight of 1 which comprises 25% of the final mark.

Additional info regarding evaluation

Written exam

The written exam consists of a combination of multiple-choice questions and one or more open questions. During this examination, questions of a more theoretical nature as well as cases are discussed. Use of the Judicial Code and any other supranational or national legislation is allowed, in non-annotated form. The latter means that underlining, marking or tabling is allowed, but not the use of cross-references, figures, letters or other signs.

Seminars/tutorials

1. Attendance at the seminars/tutorials is compulsory. A student may only be legitimately absent once. If a student is absent once without permission or is absent at least twice with permission, a referral will be made to the second session. The student will then have to take part in the replacement written test in the course of August.

2. The evaluation of the working lectures is done by means of a practical test, in the form of written answers to both open questions and multiple-choice questions. This test is organised in the first half of December. Students who were legitimately absent at the time of the practical test can register for the catch-up test within five working days after the date of the practical test with the justification of their (legitimate) absence. Registration is done by sending an e-mail (with the supporting documents) to the lecturer or one of the assistants. The catch-up exam is organised in the first half of January. If an absent student does not make use of this possibility, he/she will be referred to the second sitting. This student will have to take a substitute practical test before the start of the examinations, in the course of August.

Points distribution

75 % for the written test
25 % for the tutorials

Students who receive a failing grade overall but passed the practical test (i.e. a grade of 2.5/5 or higher), do not have to retake the practical test in the next academic year, his pass grade is transferred.

A student who obtains a pass grade in total, while having failed one of the course units, does not have to retake this course unit.

A student who obtains a total fail grade, as a result of a fail on both parts, has to retake both parts. A fail on one of these parts is not transferred to the second term or to the next academic year. 

A student who obtains a total fail mark, but passed the written exam, is not allowed to transfer this mark to the second term or to the next academic year and has to retake this part as well as the practical test. 

A student who obtains a fail grade in total, but passed the seminar component, obtains a transfer of this mark to the second term or to the next academic year and only has to retake the written exam. However, the student can explicitly waive his grade for the work-study component if he chooses to retake both components. To do so, the student sends an e-mail to the lecturer of the course, with a copy to the faculty secretariat, at the latest five working days after the announcement of the overall mark.

Allowed unsatisfactory mark
The supplementary Teaching and Examination Regulations of your faculty stipulate whether an allowed unsatisfactory mark for this programme unit is permitted.

Academic context

This offer is part of the following study plans:
Bachelor of Laws: default (only offered in Dutch)
Bachelor of Laws: Verkort traject (only offered in Dutch)
Master of Laws: Verkort traject (only offered in Dutch)
Bridging Programme Master of Laws: Default track (only offered in Dutch)
Preparatory Programme Master of Laws: Default track (only offered in Dutch)