9 ECTS credits
250 h study time
Offer 1 with catalog number 6010993FER for all students in the 1st semester at a (F) Master - specialised level.
In the course subject ‘Property law related to the Notarial Law' (including Town and Country Planning) the management of one of the notary’s most important responsibilities is central: the execution of the sales deed and mortgage deed. In order to achieve this range, constant interaction is necessary with other legal domains; family law, family wealth law, company law, administrative law, environmental law and fiscal law (in particular the aspects of income tax and registration and inheritance tax). The link with these other legal domains is continuously highlighted. When regional matters are covered, attention is also given to different regional rules.
The course subject is made up of two large parts. The first part covers the classic sales deed. Questions such as ‘who is buying?’, ‘who is selling?’, ‘what is being sold?’ and ‘how is it being paid for?’ are dealt with in this section. In the second part, analyses of particular situations which may arise when drawing up a sales deed are covered (attention to soil decontamination, urban and regional planning, apartment rights, leasehold and building lease, subdivision, sales rights, leased property, usufruct, mortgage loans, housing standards, etc.).
The course subject is given by the lecturer and occasional guest lecturer in the form of lectures where interaction with the students is sought after.
- Lecture, combined with independent study.
- Practical notary knowledge is not necessary. However the student is expected to possess thorough and ready knowledge of wealth law. If necessary the student may need to refresh any prior acquired knowledge of obligation law, property law and contract law.
The student:
-possesses a thorough theoretical knowledge and insight in diverse legal domains covered in drawing up sales and mortgage deeds.
-possesses practical skills which accompany the drawing up of sales and mortgage deeds.
-is able to independently draw up a sales or mortgage deeds and be able to critically explain and analyse the clauses of this act.
-is able to critically express himself regarding standard clauses, use and customs in contract models, and is able to propose improvements on the formulation.
-is able to tailor solutions for the client which are legally and deontologically correct while bearing the wishes of the client in mind.
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:
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)