3 ECTS credits
90 h study time
Offer 1 with catalog number 6006050FER for all students in the 2nd semester at a (F) Master - specialised level.
In the subject ‘Enforcement and seizure related to the notarial profession’ the function of the notary is central in insolvency law. The notary plays an important role in enforced settlement agreement of real estate and his specific assignments and tasks are analysed in this subject.
This subject is broken into two important parts: on one hand is the study of civil law execution procedure, on the other hand is the study of the collective execution procedure (bankruptcy, collective debt service, Continuity of Enterprises Act).
The course starts with a general introduction in the law of sequestration, in order to familiarise all students with the basic rules of sequestration. The core material consists of the study of executive seizure and order of priority. Particular attention is paid to notary responsibilities regarding this, namely the drawing up of conditions and terms of sale and the format of the deed of priority. In addition, attention is also given to seizure of immovable property and the role of the notary in the seizure of moveable property. The knowledge of civil law enforcement rules are confronted with the rules of collective procedures, where attention is given to the confrontation of the civil law rules with particular and deviant rules of such collective procedures.
Lecture, combined with independent study.
The lectures can take the form of classical lectures on the campus or digital lectures (depending on the Corona measures)
The student:
- possesses a thorough theoretical knowledge and insight in the substantive position of the different role-players within the diverse execution procedures (debtor – party whose assets were seized, person levying seizure, debt claimants).
- is able to retrieve applicable legal rules with the help of the legal code, to read, to analyze, enlighten and interpret.
- possesses procedural rules based on how various execution procedures have been settled and is able to draft conditions and terms of sale.
- is able to independently inform the role players within the execution procedure about their position and prepare for the activities of a notary during such a procedure.
The final grade is composed based on the following categories:
Written Exam determines 100% of the final mark.
Within the Written Exam category, the following assignments need to be completed:
It's a written exam that contains both open and closed questions. Types of questions that can be expected: knowledge questions, insight questions and application questions.
The use of legislative texts during the examination is mandatory. Underlining and fluorescent markings may be used in the code of law and/or the legasliative texts, as well as blank post-its. The use of cross-references or annotations is not permitted.
Students receive individual feedback after the exam upon request.
This offer is part of the following study plans:
Master of Notarial Law: default (only offered in Dutch)