6 ECTS credits
180 h study time
Offer 1 with catalog number 6010996FER for all students in the 1st semester at a (F) Master - specialised level.
This course covers the different phases of family life which a legal expert in notarial practice is confronted with: cohabitation and drawing up cohabitation contracts, marriage and drawing up marriage contracts, inheritance planning and right of survivorship, divorce by mutual agreement, donations and wills. When dealing with these family and familial property topics, not only is attention paid to the analysis of civil and judicial codes, but also relevant provisions in fiscal and social law. Aside from existing legislation, evolution in jurisdiction, legal scholarship and notary practice are given attention.
Since this course covers the choices which a citizen is confronted with in the different stages of his life, such as marriage, registered or de facto cohabitation, donations or inheritance, divorce or no divorce,... attention is not only given to knowledge in the judicial framework, but also to specific skills regarding communication between lawyers and non-legals, and dealing with clients and mediation is also covered.
Finally skills in relation to drawing up notary deeds are learnt, with attention to language use, judicial accuracy, completeness, clarity and legal certainty. Exercises are given in the lectures, with example clauses and contracts being analysed.
The lectures are taught by both the lecturer and guest speakers who are practising the law. As a result of this, the subject is explained from different professional backgrounds (academic, notary or notary employee, advocate, mediator, estate lawyer).
This course is based on a thorough knowledge of family and family property law.
Three-hour weekly lecture (on campus or digital, Covid-wise), in which the work forms and exercises (learning skills) are integrated.
The following are provided for each lecture: the recording of lessons, a written explanation of each of the topics discussed, with special attention to the tasks that the notary must perform in this regard; an explanation of the drafting of deeds and special clauses for each of the subjects discussed, a bibliography and examples of exam questions that can be asked.
The students are asked and encouraged to bring in real-life examples and cases (internship, work, environment,...) and make it part of the interaction between the students and the lecturer/guest speakers.
The student:
- possesses an in-depth and ready knowledge and insight in the rules and principles of family law related to the notarial profession, including fiscal and social legal aspects and is also up-to-date with the evolvement in legislation, legal scholarship, jurisdiction and notarial practice.
- is able to place notarial family law regulations and principles in an interdisciplinary manner, explain and critically evaluate, with attention to notarial deontology.
- is able to advice citizens regarding family law, fiscal law and social law choice options to which the citizen is exposed to at different stages of his life (marriage, cohabitating, donations or inheritance, divorce by mutual agreement or on grounds of irretrievable breakdown of the marriage, ...).
- has insight into the creative energy needed for the notarial practice and the manner in which he can contribute to this.
- is able to solve family law problems which present themselves in the practice in a manner which is not only judicially supported and correct, but also attests to the competencies and attitudes of advising parties which accompany a family law case file, which include communication, conflict management, reconciliation and mediation.
- possesses competencies and techniques to draw up, in a judicially responsible, exact, clear, complete and legally sound manner, family law deeds and clauses with an eye for proper language use.
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:
The exam (on campus or in a digital form) assesses knowledge, insight and application of the subject matter. If multiple choice questions are used, a guess correction is used.
The code and / or legal texts may contain underlining and fluorescent markings, 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)