belgiquelex.be - Carrefour Bank of Legislation

28 AVRIL 2015. - An Act to amend the Registry, Mortgage and Registry Rights Code with a view to reforming Registry Rights (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 74 of the Constitution.
CHAPTER 2. - Amendments to the Registration, Mortgage and Registry Code
Art. 2. Section 268, 1°, of the Code of Registration, Mortgage and Registry Rights, replaced by the Act of 24 December 1993, is replaced by the following:
"1° Enrolment of causes to the general role, the role of requests or the role of requests for referrals;".
Art. 3. Article 269¹ the same Code, last amended by the Programme Act of 22 June 2012, is replaced by the following:
"Art. 269¹. For each case inscribed in the general role, the role of the petitions or the role of the applications referred to in sections 17 and 18 of the Judicial Code, a right of appeal shall be considered in accordance with the table below.

For the purposes of paragraph 1^er, each requesting party attached to the act whose registration is requested, a pro fisco declaration established in the form determined by the King, in which it indicates the value of its final application, as referred to in Article 557 of the Judicial Code, or, where applicable, the fact that its application is not evaluable in money.
If the application is exempt from the entitlement to the role, reference is made in the pro fisco statement with the legal basis.
For cases pending before the Court of Cassation, the value of the application is the value of the application in the appeal level
In the absence of this pro fisco declaration, the act is not registered.
No right is perceived for the causes brought before the judge of the seizures or the justice of the peace in the context of the application of Articles 1409, § 1^erparagraphs 4 and 1409, § 1^erbis, paragraph 4, of the Judicial Code.
There is no right for cases brought before labour courts and for tax disputes, except where the value of the application exceeds 250,000 euros.
By derogation from paragraph 3, no pro-fisco declaration of exemption from the right to role is attached for the causes brought before the labour courts and for tax disputes whose value does not exceed 250,000 euros.".
Art. 4. Section 2692 of the Code, last amended by the Act of 22 June 2012, is replaced by the following:
Article 2692. By derogation from section 269¹ and regardless of the value of the application and the number of the applicant parties, a duty of 100 euros is recognized for each case in the family court in the general role, the role of the petitions or the role of the applications for referrals and which deals with disputes referred to in articles 572bis and 577, paragraph 2, of the Judicial Code. Deemed urgent cases referred to in 1253ter/7, § 1^er, the Judicial Code is subject to a single right perceived in the introduction of the first application.
In the event of an appeal against a ruling of the family court, a right of appeal is charged to the role of 210 euros.
In the event of a cassation appeal against judgements made in appeal or against decisions rendered by the family court in appeal, a right of appeal is perceived to be 375 euros.".
Art. 5. Section 269® of the same Code, last amended by the Act of 22 June 2012, is repealed.
Art. 6. Article 279/1, 1°, second sentence of the same Code, amended by the law of 28 June 1948 and the law of 12 July 1960, is supplemented by the following sentence:
"The law is also due for the procedures referred to in Article 162, 4°, 14°, 33° bis, 34°, 35° bis, 35° ter, 35° quater, 36°, 36° bis, 36° ter, 37°, 37° bis, 40° and 45°, when the value of the application by application of Article 269¹, enforces the right to put the role in tax disputes or in cases brought before labour courts.".
CHAPTER 3. - Final provision
Art. 7. This Act comes into force on the date fixed by the King.
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 Brussels on 28 April 2015.
PHILIPPE
By the King:
Minister of Finance,
J. VAN OVERTVELDT
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives (www.lachambre.be):
Documents: 54-906 (2014/2015).
Full report: April 21-22, 2015.