Act Amending Act Of August 29, 1988 On Farm Estate Plan To Promote Continuity (1)

Original Language Title: Loi modifiant la loi du 29 août 1988 relative au régime successoral des exploitations agricoles en vue d'en promouvoir la continuité (1)

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belgiquelex.be - Carrefour Bank of Legislation

23 AOUT 2015. - An Act to amend the Act of 29 August 1988 on the estate regime of farms to promote continuity (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
Article 1er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. Article 1er of the Act of 29 August 1988 on the estate regime of farms to promote continuity is supplemented by a paragraph 3, which reads as follows:
"In the event that the estate does not include for the whole or for a quotity an agricultural operation, but many immovable property that was part of the farm operation of the deceased, and that one of the descending direct-line heirs is at that time exploiting these properties as part of its own farming operation, the latter also has the ability to resume these assets on estimate, subject to the provisions of the Civil Code that establish the rights of the surviving spouse and
Art. 3. Section 3 of the Act is amended to read:
1° in paragraph 1er, a), the words "of the deceased" are inserted between the words "of exploitation" and the words "in a regular way";
2° in paragraph 1er, a), the words "of the deceased" are added after the words "to exploitation";
3° in paragraph 1er, b), the words "of the deceased" are inserted between the words "of exploitation" and the words "in a regular way";
4° in paragraph 1er, b), the words "of the deceased" are added after the words "to exploitation";
5° in paragraph 1er, c), the words "of the deceased" are inserted between the words "to exploitation" and the words "as defined in paragraph (a)";
Paragraph 1er is supplemented by a point (d) as follows:
"(d) to the person who exploits immovable property that previously belonged to the farmer of the deceased, but now exploits them as part of his own farm. ";
7° in paragraph 2, the words "or (d)" are inserted between the words "category (a) or (b) or (c)" and the words "reduce the benefit of the law";
8° in the article the words "of cujus" are each time replaced by the word "defus".
Art. 4. This Act comes into force on the day of its publication in the Belgian Monitor.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Geneva, 23 August 2015.
PHILIPPE
By the King:
Minister of Justice,
K. GEENS
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) See:
Documents of the House of Representatives:
54-325 - 2014/2015:
N° 1: Proposal by Nathalie Muylle, Jef Van den Bergh, Leen Dierick, Griets Smaers, Caroline Cassart-Mailleux, Rita Gantois, Werner Janssen, Frank Wilrycx, Sabien Lahaye-Battheu
Number two: Report.
No. 3: Text adopted by the commission.
No. 4: Text adopted in plenary and subject to Royal Assent.
Full report: July 17, 2015.