Droit des assurances

This course focuses on insurance law. The course is worth 5 credits and comprises 24 hours of teaching given in two-hour lessons. The provisional course plan is as follows:

1.         Introduction to the technique of insurance

2.         Conclusion of the insurance contract: pre-contractual obligations, exchange of consents

3.         Performance of the insurance contract: obligations of the policyholder/insured party

4.         Performance of the insurance contract: obligations of the insurer

5.         Duration, proof and termination of the insurance contract

6.         Liability insurance (Intro) - Family liability insurance

7.         Compulsory motor insurance (I)

8.         Compulsory motor insurance (II)

9.         Legal protection insurance - Life insurance

10.       work accidents insurance and other health insurances

11.       Insurance intermediaries - Supervision of insurance companies (BNB, FSMA)

12.       Conclusion (exam preparation and Q&A).

The first part of the course (lessons 1 to 6) focuses on insurance technique (what role for statistics and probabilities, explanation of segmentation, ...), the categorization of insurance and the rules applicable to all terrestrial insurance contracts (i.e. Part 4 of the Insurance Act of April 4, 2014). Topics covered include: essential elements of the contract, contract formation, obligations of the parties, etc.

The second part of the course (lessons 7 to 12) takes a more detailed look at certain insurance contracts, analyzing how they work and mastering their specific rules. The role of insurance intermediaries and insurance supervisory bodies will also be briefly addressed.

The aim of the lecture is to trigger students' interest in the subject (1.), and subsequently help them acquire an in-depth knowledge of it (2.). Only a thorough understanding of the subject can guarantee a useful application in practice (3.) and enable a critical approach (4.):

1. - Insurance law is a subject at the heart of everyday life. Who can claim never to have wondered about the usefulness of subscribing to an insurance? Who has never doubted whether a risk is covered or not? The subject is omnipresent in every professional practice, and even plays an important economic and social role. The first objective is therefore to demonstrate the importance of this subject in society, and to trigger the interest of students.

2. - The aim of the course is to deepen their basic legal knowledge (see the 3 competencies of the Bachelor of Law teaching profile). By the end of the course, students should be able to understand and use the legal concepts specific to insurance law. They should also master the mechanisms and purposes of insurance law. This understanding will enable them to ask the right questions in a critical approach of the subject.

3. - At the gateway of their professional career, students must not only master the theory, but also be capable of independently solving practical legal problems. The law is not an art in itself, but must be used to help society as a whole. Translating theoretical knowledge into concrete practical results is a skill that is acquired through case-solving. Solving practical cases and analyzing jurisprudence are therefore an integral part of the teaching.

The course takes the form of lectures. However, it is also a time for exchange and debate, with respect for each individual. Active learning contributes to a better understanding of the subject. Students are therefore asked to be interactive (e.g. via pollev., ...).

The slides used in the lessons, as well as all other relevant documents (analyzed case law, actualia, case studies, etc.) will be made available to students on the Virtual University platform (https://uv.ulb.ac.be/).

Contacts

jrogge@ulb.ac.be

Campus

Solbosch

Method(s) of evaluation

• written examination

written examination

The exam is written and will take place during the January session.

The exam includes case studies, theoretical questions and reflection questions.

Language(s) of evaluation

• french