Act Amending And Coordination Of Various Laws On Justice (Ii)

Original Language Title: Loi portant modification et coordination de diverses lois en matière de Justice (II)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014009237&caller=list&article_lang=F&row_id=700&numero=750&pub_date=2014-05-19&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-05-19 Numac: 2014009237 SERVICE PUBLIC FÉDÉRAL JUSTICE may 12, 2014. -Law amending and coordination of various laws on Justice (II) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Changes of the Code civil art. 2 A article 45, § 1, of the civil Code, as amended by laws of March 21, 1969, June 23, 1980, and March 31, 1987, the following changes are made: 1 ° in paragraph 3, the words "president of the Court of first instance" shall be replaced by the words "family court";
2 ° in paragraph 4, the words "the president of the tribunal" shall be replaced by the words "the Court of the family".
S. 3. in article 63, § 4, paragraph 4, of the same Code, restored by Act of 4 May 1999, "first instance" shall be replaced by the words 'the family'.
S. 4. in article 784 of the same Code, replaced by the Act of April 25, 2014, paragraph 2 is replaced by the following: "When it is made before a notary, the address, within five days following the declaration of surrender, a copy thereof at the registry of the Court of first instance of the district in which the estate opened, for his entry in the register referred to in paragraph 1.".
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5. article 793 of the Code, as amended by the Act of April 25, 2014, is replaced by the following: 'article
793. the declaration of an heir that he intends to take this quality under benefit of inventory, shall be made at the registry of the Court of the district in which the estate is open or notary; It must be entered in the register referred to in article 784 intended to receive acts of waiver.
When acceptance under benefit of inventory is made in the registry, the declaration shall, within fifteen days following, by the care of the Registrar and at the expense of accepting heir under benefit of inventory, be published in the Moniteur belge, with invitation to creditors and legatees have to know their rights within a period of three months from the date of publication by notice recommended,.
When the acceptance under benefit of inventory is made before a notary, the address, within five days following the declaration, a copy thereof at the registry of the Court of first instance of the district in which the estate opened, for his entry in the register referred to in paragraph 1. The clerk proceeds to the inclusion of the statement in the above registry and communicates to the notary the date and the number thereof within five days following the receipt of the copy of the declaration. The statement is published in the Moniteur belge in the 15 days following the receipt of this communication by the notary, care of and at the expense of the heir under benefit of inventory, with the invitation referred to in paragraph (2) accepting.
In case of acceptance under benefit of inventory due to the inability of the heir, the statement was made by the father and mother or the one of them who exercise parental authority, the emancipated minor or guardian. When the acceptance under benefit of inventory is made in the registry, it is then proceeded in accordance with paragraph 2; When the acceptance under benefit of inventory is made before a notary, it is then proceeded in accordance with paragraph 3. Justice of the peace shall ensure the completion of these formalities. In the case of opposition of interest between the incapable person and its representative legal, Justice of the peace means a tutor ad hoc or at the request of any interested person or office.
Subject of further justifications for the reality of their claims, the creditors and legatees become known by simple registered letter addressed to the domicile elected by the heir and shown in the Insert. "."
S. 6. in article 1476quater, paragraph 5, of the same Code, inserted by the Act of 2 June 2013, "first instance" shall be replaced by the words 'the family'.
CHAPTER 3. -Changes of Code judiciary art. 7. in the Judicial Code, it is inserted an article 765/1 as follows: "article 765/1. Under penalty of nullity, the family court and the Chambers of the family of the Court of appeal cannot decide, for cases involving minors, as after hearing the public prosecutor in its opinion or its requisitions. "."
S. 8. in article 1048, paragraph 1, of the same Code, as amended by the law of 12 January 1993, "The opposition period" shall be replaced by the words "subject to the deadlines in supranational and international mandatory provisions the opposition period".
S. 9. in article 1051, paragraph 1, of the same Code, amended by the law of 12 January 1993, the words "the appeal" are replaced by the words "subject to the deadlines in supranational and international mandatory provisions the deadline for appeal".
S. 10. in article 1136 of the same Code, "The request" shall be replaced by the words "subject to the deadlines in supranational and international mandatory provisions the query".
CHAPTER 4. -Amendments to the Act of March 17, 2013 reforming disability plans and establishing new protected status in accordance with human dignity article
11. section 7 of the Act of March 17, 2013 reforming disability plans and introducing a new status of protection consistent with human dignity, which amends article 220 of the civil Code, the following changes are made: has) in the 1 ° "first instance" shall be replaced by the words 'the family'.
(b) 2 ° is replaced by the following: "2 ° in § 2, the words"in unable to express"are replaced by the words"unable or incapable of expressing"and"first instance"shall be replaced by the words 'the family'.".
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12. in article 24 of the same Act, which replaces article 389 of the civil Code, "first instance" shall be replaced by the words "the family".
S. 13. in article 44 of the same Act, which inserts a 492/3 article in the civil Code, the words "in article 499/7, §§ 1 and 2" shall be replaced by the words "in articles 499/7, §§ 1 and 2, 905, 1397/1 and 1478, paragraph 4".
S. 14 A section 48 of the Act, which restores article 493 of the civil Code, the following changes are made: 1 ° in the § 2, paragraph 1, the words "in article 499/7, § 2," are replaced by the words "articles 499/7, § 2, 905, 1397/1 and 1478, paragraph 4";
2 ° in § 2, paragraph 3, the words 'and 1397/1 "are replaced by the words', 1397/1 and 1478, paragraph 4," and the paragraph is completed with the following sentence: "it also applies if the Act posed a will that does not meet the conditions referred to in article 905, paragraph 3, or, if necessary, referred to in article 905 , paragraph "4;
3 ° in § 3, paragraph 1, the phrases "the nullity of the Act may be covered by its administrator for the duration of the protection measure. If it is an act referred to in article 499/7, Justice of the peace gives the administrator an authorization special."are replaced by the phrases" the nullity of the Act may be covered by its administrator for the duration of the protection measure or, if it is an act referred to in section 905, 1397/1 and 1478, paragraph 4, by the protected person. "
If it is an act referred to in section 499/7, 905, 1397/1 and 1478, paragraph 4, the Justice of the peace gives a special authorization to the administrator or, if applicable, the protected person. "."
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15. in section 97 of the Act, which inserts an article 499/13 in the civil Code, in article 1, the words "of article 499/7" are replaced by the words "articles 499/7, 1397/1, paragraph 3, and 1478, paragraph 7,".
S. 16. article 154 of the Act is repealed.
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17. article 160 of the Act, which amends article 764 of the Judicial Code is replaced by the following: 'article 160. in article 764, paragraph 1, 2 °, of the same Code, as amended by the Act of May 9, 2007, the words "the presumption or"and the words "or a banned" are hereby repealed."."
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18. article 169 of the Act, which amends section 1197 of the Judicial Code is repealed.
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19. article 170 of the Act, which amends article 1204bis of the Judicial Code, is repealed.
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20. article 176 of the same Act, which amends section 1231-48 of the Judicial Code, is replaced by the following: 'article 176 in 1231-48 of the Code, inserted by the Act of 24 April 2003, paragraph 2 is replaced by the following: "the old adoptee of 12 years of age, is represented by an ad hoc guardian appointed by the Court at the request of the Prosecutor of the King or any other party to the action.". "."
S. 21. article 201 of the Act, which amends section 1255 of the Judicial Code, is repealed.
S. 22. article 233 of the Act is replaced by the following: 'article
233. this Act comes into force on 1 September 2014 "."
CHAPTER 5.
-Amendment of the law of 29 June 1964 on suspension, the stay and the article probation
23. in article 10 of the Act of 29 June 1964 on suspension, suspension and probation, amended by the law of 22 March 1999, paragraph 2 is supplemented by the words "in one or more divisions of the tribunal".
CHAPTER 6. -Amendments to certain provisions for the judicial procedure electronically Section 1st. -Amendments to the law of August 10, 2005 establishing the Phoenix arts information system 24. article 2, paragraph 2, of the Act of 10 August

2005 establishing the Phenix information system is replaced by the following: "Phoenix is headed by a Management Committee, which is advised by a Committee of users. Composition, missions, and the powers of these committees are established by this Act. "."
S. 25. in article 4, paragraphs 1 and 2, 5, paragraph 3, 6, paragraph 3, 8, paragraph 4, 9, paragraph 3, 13 and 14, paragraph 2, of the Act, the words "on a proposal from the Management Committee and following the opinion of the Supervisory Committee" are each time replaced by "following the opinion of the Committee on the Protection of privacy".
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26. in article 9, paragraph 1, of the Act, the words "by the Management Committee" are replaced by the words "by the King".
S. 27. in article 12, paragraph 2, of the Act, the words "on proposal of the Management Committee, after receiving the opinion of the Supervisory Committee" are replaced by the words "following the opinion of the Committee on the Protection of privacy".
S. 28. in article 17, paragraph 9, of the Act, the words "Oversight Committee" shall be replaced by the words "of the Commission on the Protection of private life".
S. 29. in article 19, paragraph 2, of the Act, the words "Oversight Committee" shall be replaced by the words "of the Commission on the Protection of private life".
S. 30. articles 22 to 26, 28, paragraph 3, and 29, § 2, of the Act, their titles including, are repealed.
Section 2. -Amendments to the law of July 10, 2006 on the procedure by electronic arts. 31. in articles 2, 4 °, 10, § 1, paragraph 2, 34, § 3, and 36, § 2, of the Act of 10 July 2006 on the procedure by electronic means, the words "after the opinion of the Committee of management and the Supervisory Committee" are each time replaced by "following the opinion of the Committee on the Protection of privacy".
S. 32. in articles 4, paragraph 2, and 37 of the Act, the words "after consultation with the Management Committee", are repealed.
S. 33. in article 4, paragraph 3, of the Act, "after the opinion of the Monitoring Committee" shall be replaced by the words "after consultation with the Commission for the Protection of privacy".
S. 34. in article 8 of the same Act, the words "and after receiving the opinion of the Management Committee" are repealed.
S. 35. in article 12 of the same Act, "by the Management Committee' shall be replaced by the words"by the King".
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36. in articles 13 and 38 of the Act, the words "after the opinion of the Committee of management and the Supervisory Committee referred to respectively in articles 15 and 22 of the Act of 10 August 2005 establishing the Phenix information system" and the words "after opinion of the Management Committee and Supervisory Committee, referred to respectively in articles 15 and 22 of the Act of 10 August 2005 establishing an information system Phoenix" are replaced respectively by the words "following the opinion of the Committee on the Protection of privacy".
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37. in article 33 of the same Act, the words "established after opinion of the Management Committee" are repealed.
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38. article 2, 2 °, of the Act is repealed.
CHAPTER 7. -Modification of the royal decree of 23 March 2007 on the implementation of articles 7 and 9 of the Act of 20 July 2006 establishing the modernization of the Judiciary Committee and the general Council of the partners of the order judicial s.
39. the royal decree of 23 March 2007 on the implementation of articles 7 and 9 of the Act of 20 July 2006 establishing the Commission on modernization of the judiciary and the general Council of the judiciary partners is repealed.
CHAPTER 8. -Disposition transitional art. 40. the probation committees which are established before the entry into force of the Act of 1 December 2013 on the reform of the judicial districts and amending the Judicial Code to enhance the mobility of members of the judiciary, keep their skills for the division which succeeded the Court of first instance up to the time when the Committee on probation is renewed.
The acts validly adopted remain valid in the new structure of the tribunal.
CHAPTER 9. -Entry into force art. 41. This article and articles 1 and 22 come into force the day of the publication of this Act in the Moniteur belge.
Articles 23 and 40 shall take effect April 1, 2014.
Articles 2, 3, 6, 7 and 11 to 21 come into force September 1, 2014.
Article 39 comes into force July 1, 2014.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, may 12, 2014.
PHILIPPE by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) see: the House of representatives: (www.lachambre.be) Documents. 53-3356 / (2013/2014) and 53 3520 / (2013/2014).
Full report: April 3, 2014.
Senate: (www.senate.be) project not referred by the Senate.