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| DROI0884-1 | Insurance law
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| Duration : | 60h Th |
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| Number of credits : |
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| Lecturer : | Catherine Paris |
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Language(s) of instruction :
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| French language |
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Organisation and examination :
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| Teaching in the first semester, review in January |
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Course contents :
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| Warning
The course is held only in odd years. It is organized during the year 2013-2014.
Presentation
The course proposes a study of the legal status of insurance in Belgium, and more specifically, the insurance contract as governed by the law of 25th June 1992. In an introductory part aimed at establishing the framework of the subject, the major sectors of insurance will be explained (for instance, private insurance/social insurance, fixed premium insurance/mutual insurance, damages insurance/life-related insurance), the basic elements of the technical principles of private insurance, including emphasis on the economic and social role of the latter. The applicable law will also be referred to and, as such, reference will especially be made to the control regulations for insurance companies and the European directives. The rules applicable to insurance contracts in general will be studied (drawing up a contract, the parties rights and obligations, etc.), as well as the provisions particular to indemnity and lump-sum insurance, the rules specifically regarding damages insurance (fire insurance, third-party insurance and legal protection insurance), and, finally, the legal provisions concerning life-related insurance (health insurance and personal life assurance).
Some insurance contracts, which are the subject of specific regulations, such as "third-party car insurance" insurance and fire insurance, will be the subject of an in-depth analysis.
Finally, we shall deal with issues associated with insurance distribution. Among other things, we shall also refer to the main obligations of insurance brokers as well as the nature of their relations with both the policyholder and the insurer. |
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Learning outcomes of the course :
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| The aim of the course is to provide students with knowledge of the concepts particular to insurance law and the system applicable to it, from a point of view of their use in professional life. It also aims to encourage critical thought on the legal provisions of the law of 25th June 1992, their objectives and their raison d'être as well as their judicial application. |
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Prerequisites and co-requisites/ Recommended optional programme components :
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| A good knowledge of the law of obligations is necessary. Insurance law constantly alludes to it - for instance, when drawing up a contract, penalising the nonfulfilment of obligations or the recourse to direct action and stipulation mechanisms for the other party - and, in many respects, offers solutions particular to it. |
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Planned learning activities and teaching methods :
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Mode of delivery (face-to-face ; distance-learning) :
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| The course is taught in the form of lectures. Regular reference is made to contractual documents (general and special conditions of an insurance policy). Case studies and legal decisions will also be studied with the aim of examining the subject in detail, or finding the rule applicable to a given situation. |
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Recommended or required readings :
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| Students will be given course notes including numerous doctrine and jurisprudence references. They will also be provided with the judgements or decrees and contractual documents analysed. |
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Assessment methods and criteria :
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| Students are assessed by oral examination. They may bring their code with them. |
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Training(s) :
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Organizational remarks :
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| The course is held every odd year (2013-2014, 2015-2016...). |
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Contacts :
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