Posted the: 2015-09-03 Numac: 2015009460 SERVICE PUBLIC FÉDÉRAL JUSTICE 23 August 2015. -Act to amend the Act of 29 August 1988 relating to the probate regime of agricultural holdings to promote continuity (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The House of representatives has adopted and we sanction the following: Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
S. 2. article 1 of Act of August 29, 1988 on farm estate plan to promote continuity is supplemented by a paragraph 3 as follows: "where the estate does not include for the entire or a proportion exploitation agricultural, but rather of real estate that were part of the farm of the late , and one of the heirs in descending direct line is at this moment operator of these goods in the context of his own farm, the latter has also the faculty to resume these properties to estimate, subject to the provisions of the civil Code which establish the rights of the surviving spouse and the cohabitant legal survivor. "."
S. 3. article 3 of the Act is amended as follows: 1 ° in paragraph 1, has), the words "the deceased" shall be inserted between the words "exploitation" and the words "on a regular basis";
2 ° in paragraph 1, has), the words "the deceased" are added after the words "to the operation";
3 ° in the paragraph 1, b), the words "the deceased" shall be inserted between the words "exploitation" and the words "on a regular basis";
4 ° in the paragraph 1, b), the words "the deceased" are added after the words "to the operation";
5 ° in the paragraph 1, c), the words "the deceased" are inserted between the words "exploitation" and the words "within the meaning of paragraph a)";
6 ° 1st paragraph is supplemented by a point d) as follows: "d) that operates real estate formerly belonging to the agricultural holding of the deceased, but that operates now under its own farming operation.";
7 ° in paragraph 2, the words "or d)" shall be inserted between the words "(category a) (or b) or c)" and the words "claim the benefit of the law";
8 ° in article "of the deceased" shall each time be replaced by the word "deceased".
S. 4. this Act comes into force the day of its publication in the Moniteur belge.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Geneva, August 23, 2015.
PHILIPPE by the King: the Minister of Justice, K. GARG sealed with the seal of the State: the Minister of Justice, K. GARG _ Note (1) see: records of the House of representatives: 54 - 325 - 2014/2015: No. 1: proposal of Act, Nathalie Muylle, Jef Van den Bergh, Leen Dikshit, Griets Saul, Caroline Carlson-Mailleux, Rita Ghent, Werner Janssen, Frank Wilrycx, Sabien Lahaye - Battheu No. 2 : Report.
No. 3: Texts adopted by the commission.
No. 4: Text adopted in plenary meeting and submitted to Royal assent.
Full record: 17 July 2015.