2023-2024 / DROI0884-1

Insurance law

Duration

48h Th

Number of credits

 Master in law (120 ECTS) (Even years, not organized in 2023-2024) 5 crédits 

Lecturer

Catherine Paris

Language(s) of instruction

French language

Organisation and examination

Teaching in the first semester, review in January

Schedule

Schedule online

Units courses prerequisite and corequisite

Prerequisite or corequisite units are presented within each program

Learning unit contents

    
The course offers students the opportunity to study the legal regime of insurance in Belgium, and more specifically, the insurance contract as governed by the law of 4 April 2014 on insurances.

In the first part aimed at outlining the framework of the subject, the student will be introduced to the major insurance divisions (for instance, private insurance/social insurance, indemnity insurance/lump-sum insurance, compulsory insurance/optional insurance) and the basic elements of the technical principles of private insurance. Reference will also be made to the supervisory regulations for insurance companies .

The student will then study the rules established by the law of 4 April 2014 that apply to all insurance contracts (conclusion of a contract, the parties' rights and obligations in case of loss, etc.), as well as to the provisions particular to indemnity and lump-sum insurance, the rules regarding specifically damage insurance (fire insurance, liability insurance and legal expenses insurance), and, finally, the legal provisions concerning health insurance.

Some insurance contracts, which are subject to specific regulations, such as "Motor Liability  insurance" and fire insurance will be analysed in greater detail.

Insurance distribution, which includes the status and liability of the brokers, is not the main purpose of this lecture. Nonetheless it shall still be evoked multiple times, more specifically when the underwriting process will be studied.  

Learning outcomes of the learning unit

The aim of the course is to provide students with knowledge of the concepts particular to insurance law and the rights and obligations of the contracting parties (including third-party beneficiaries of guarantee), from the perspective of their use both in professional life and in private life. It also aims to encourage critical thought on the legal provisions of the law as well as their judicial application. Whenever appropriate, the students' attention will be drawn to current issues and plans for reform that have a direct impact on the insurance sector.

Prerequisite knowledge and skills

Students should have a solid foundation in the law of obligations. Insurance law constantly alludes to it - for instance, when drawing up a contract, penalising the non-performance of obligations or the use of direct action and the mechanisms for stipulation for another and, in many respects, offers solutions particular to it.

Planned learning activities and teaching methods

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.

Mode of delivery (face to face, distance learning, hybrid learning)

Face-to-face course


Additional information:

The course is taught in the form of lectures.

Recommended or required readings

Students can buy our Manuel de droit des assurances published in 2021 by Larcier (Collection de la Faculté de Droit de l'Université de Liège). They will also be provided with documents, including those drawn from practice, in particular insurance contracts, and published and unpublished case-law decisions, which will be commented during the course. 

The "Manuel de droit des assurances" and the documents are available at the Presses Universitaires de Liège at the beginning of the academic year.

PowerPoint presentations will be made available online as the course progresses.

 

Exam(s) in session

Any session

- In-person

oral exam


Additional information:

Students are assessed by oral examination. They may bring their code with them.

Students may cross-reference articles, underline or highlight some passages of the legal text and insert post-it notes in the code but only to identify the various legal sources (laws and royal decrees on implementation). Comments or annotations are not allowed.

Work placement(s)

Organisational remarks and main changes to the course

The course is not held in 2023-2024.

It is held only on even year (2024-2025, 2026-2027,...). 

Contacts

catherine.paris@uliege.be

Association of one or more MOOCs