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)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
belgiquelex.be - Carrefour Bank of Legislation

12 MAI 2014. - Law Amending and Co-ordinating Various Justice Laws (II)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Amendments to the Civil Code
Art. 2. Article 45, § 1erof the Civil Code, as amended by the Acts of 21 March 1969, 23 June 1980 and 31 March 1987, the following amendments are made:
1° in paragraph 3, the words "President of the Court of First Instance" are replaced by the words "family court";
2° in paragraph 4, the words "to the president of the court" are replaced by the words "to the family court".
Art. 3. In article 63, § 4, paragraph 4, of the same Code, restored by the law of 4 May 1999, the words "first instance" are replaced by the words "the family".
Art. 4. In section 784 of the same Code, replaced by the Act of 25 April 2014, paragraph 2 is replaced by the following:
"When made before a notary, the notary shall, within five days after the declaration of renunciation, send a copy of the notary to the court of first instance of the borough in which the estate opened, for registration in the register referred to in paragraph 1er".
Art. 5. Section 793 of the same Code, as amended by the Act of 25 April 2014, is replaced by the following:
"Art. 793. The declaration of an heir that he intends to take this quality only under the benefit of an inventory must be made at the court of the borough in which the succession opened or before a notary; it must be registered in the register referred to in section 784 to receive the denunciation.
When acceptance under inventory benefit is made at the office of the Registry, the declaration must, within fifteen days, be issued to the Belgian Monitor, with the assistance of the Registrar and to the costs of the heir accepting under inventory, with an invitation to the creditors and the legateees to have their rights communicated by registered notice within three months of the date of publication.
Where acceptance under inventory benefit is made before a notary, the notary shall, within five days after the declaration, send a copy of the notary to the court of first instance of the borough in which the estate opened, for registration in the register referred to in paragraph 1er. The Registrar shall register the statement in the above-mentioned register and shall communicate to the notary the date and number of the statement within five days of receipt of the copy of the statement. The statement is published to the Belgian Monitor within fifteen days after the receipt of this communication by the notary, by the latter's care and at the expense of the heir accepting under inventory benefit, with the invitation referred to in paragraph 2.
In the event of an acceptance under the benefit of an inventory due to the inability of the heir, the declaration is made by the father and mother or that of them who exercises parental authority, by the emancipated minor or by the guardian. When acceptance under inventory benefit is made at the registry, it is then proceeded in accordance with paragraph 2; where acceptance under inventory benefit is made before a notary, it is then proceeded in accordance with paragraph 3. The justice of the peace ensures that these formalities are fulfilled. In the event of an objection of interest between the incapable and its legal representative, the justice of the peace shall designate an ad hoc guardian either at the request of any interested person or on his or her own behalf.
Subject to further justifications of the reality of their claims, creditors and légataires are made known by a simple recommended letter addressed to the domicile elected by the heir and indicated in the insertion. ".
Art. 6. In article 1476quater, paragraph 5, of the same Code, inserted by the law of 2 June 2013, the words "first instance" are replaced by the words "the family".
CHAPTER 3. - Amendments to the Judicial Code
Art. 7. In the Judicial Code, an article 765/1 is inserted as follows:
"Art. 765/1. In cases involving minors of age, the family court and the family chambers of the court of appeal decide only after hearing the public prosecutor in his opinion or in his requisitions. ".
Art. 8. In section 1048, paragraph 1er, of the same Code, as amended by the law of 12 January 1993, the words "The opposition period" are replaced by the words "Subject to the deadlines provided for in supranational and international mandatory provisions, the opposition period".
Art. 9. In article 1051, paragraph 1er, of the same Code, as amended by the law of 12 January 1993, the words "The deadline to appeal" are replaced by the words "Subject to the deadlines set out in supranational and international mandatory provisions, the deadline to appeal".
Art. 10. In article 1136 of the same Code, the words "The request" are replaced by the words "Subject to the deadlines set out in supranational and international mandatory provisions, the request".
CHAPTER 4. - Amendments to the Act of 17 March 2013 reforming disability regimes and establishing a new protection status in accordance with human dignity
Art. 11. In section 7 of the Act of 17 March 2013 reforming disability regimes and establishing a new protection status in accordance with human dignity, which amends section 220 of the Civil Code, the following amendments are made:
(a) in the first instance, the words "first instance" are replaced by the words "family";
(b) the 2° is replaced by the following:
"2° in § 2, the words "in the impossibility of manifesting" are replaced by the words "in the impossibility or unable to express" and the words "first instance" are replaced by the words "the family". ".
Art. 12. In article 24 of the same law, which replaces article 389 of the Civil Code, the words "first instance" are replaced by the words "of the family".
Art. 13. In article 44 of the same law, which inserts article 492/3 in the Civil Code, the words "in article 499/7, §§ 1er and 2" are replaced by the words "Articles 499/7, §§ 1er and 2, 905, 1397/1 and 1478, paragraph 4".
Art. 14. In section 48 of the Act, which reinstates section 493 of the Civil Code, the following amendments are made:
1° in § 2, paragraph 1er, the words "in Article 499/7, § 2" are replaced by the words "in 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 supplemented by the following sentence:
"The same is true if the deed is a will that does not meet the requirements of section 905, paragraph 3, or, if any, referred to in section 905, paragraph 4."
3° in § 3, paragraph 1er, the phrases "The invalidity of the act can be covered by its administrator during the duration of the protection measure. If this is an act referred to in section 499/7, the justice of the peace shall give the administrator a special authorization." are replaced by the phrases "The invalidity of the act may be covered by the administrator for the duration of the protection measure or, if it is an act referred to in sections 905, 1397/1 and 1478, paragraph 4, by the protected person. If this is an act referred to in sections 499/7, 905, 1397/1 and 1478, paragraph 4, the justice of the peace shall give a special authorization to the administrator or, if any, to the protected person. ".
Art. 15. In section 97 of the Act, which inserts section 499/13 in the Civil Code, in paragraph 1er, the words "of article 499/7" are replaced by the words "of articles 499/7, 1397/1, paragraph 3, and 1478, paragraph 7,".
Art. 16. Section 154 of the Act is repealed.
Art. 17. Section 160 of the Act, amending section 764 of the Judicial Code, is replaced by the following:
"Art. 160. In section 764, paragraph 1er, 2°, of the same Code, as amended by the law of 9 May 2007, the words "presumption or" and the words "or prohibition" are repealed.
Art. 18. Section 169 of the Act, which amends section 1197 of the Judicial Code, is repealed.
Art. 19. Section 170 of the Act, which amends section 1204bis of the Judicial Code, is repealed.
Art. 20. Section 176 of the Act, which amends section 1231-48 of the Judicial Code, is replaced by the following:
"Art. 176. In section 1231-48 of the same Code, inserted by the Act of 24 April 2003, paragraph 2 is replaced by the following:
"The opponent under the age of twelve is represented by an ad hoc guardian appointed by the court at the request of the King's Attorney or any other party to the action."
Art. 21. Section 201 of the Act, which amends section 1255 of the Judicial Code, is repealed.
Art. 22. Section 233 of the Act is replaced by the following:
"Art. 233. This Act comes into force on 1er September 2014. ".
CHAPTER 5. - Amendment of the Suspension, Suspension and Probation Act of 29 June 1964
Art. 23. In section 10 of the Suspension, Suspension and Probation Act of 29 June 1964, as amended by the Act of 22 March 1999, paragraph 2 is supplemented by the words "in one or more divisions of the court".
CHAPTER 6. - Amendments to certain provisions for judicial proceedings electronically
Section 1re. - Amendments to the Act of 10 August 2005 establishing the information system Phenix
Art. 24. Section 2, paragraph 2, of the Act of 10 August 2005 establishing the Phenix information system is replaced by the following:
"Phenix is led by a management committee, which is advised by a user committee. The composition, missions and competencies of these committees are set out in this Act.".
Art. 25. In articles 4, paragraph 1er 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 the proposal of the management committee and after the advice of the supervisory committee" are each replaced by the words "after the advice of the Commission on the Protection of Private Life".
Art. 26. In article 9, paragraph 1er, from the same law, the words "by the management committee" are replaced by the words "by the King".
Art. 27. In section 12, paragraph 2, of the Act, the words "on the proposal of the management committee, after notice of the monitoring committee" are replaced by the words "after the opinion of the Commission on Protection of Privacy".
Art. 28. In section 17, paragraph 9, of the Act, the words "of the Supervisory Committee" are replaced by the words "of the Private Life Protection Commission".
Art. 29. In section 19, paragraph 2, of the Act, the words "of the Supervisory Committee" are replaced by the words "of the Private Life Protection Commission".
Art. 30. Articles 22 to 26, 28, paragraph 3, and 29, § 2, of the same law, including their titles, are repealed.
Section 2. - Amendments to the Act of 10 July 2006 on electronic procedure
Art. 31. In articles 2, 4, 10, § 1er, paragraph 2, 34, § 3, and 36, § 2, of the Act of 10 July 2006 on electronic procedure, the words "after notice of the management committee and the monitoring committee" are replaced by the words "after the opinion of the Commission on Protection of Private Life".
Art. 32. In sections 4, paragraph 2, and 37 of the Act, the words "after notice of the management committee," are repealed.
Art. 33. In section 4, paragraph 3, of the Act, the words "after notice of the supervisory committee" are replaced by the words "after the opinion of the Commission on Protection of Privacy".
Art. 34. In section 8 of the Act, the words "and after notice of the management committee" are repealed.
Art. 35. In section 12 of the Act, the words "by the management committee" are replaced by the words "by the King".
Art. 36. In sections 13 and 38 of the Act, the words "after notice of the management committee and the monitoring committee, referred respectively to in sections 15 and 22 of the Act of 10 August 2005 establishing the Phenix information system" and the words "after notice of the management committee and monitoring committee, respectively referred to in sections 15 and 22 of the Act of 10 August 2005 establishing a Phoenix information system" were replaced by the words
Art. 37. In section 33 of the Act, the words "established after notice of the management committee" are repealed.
Art. 38. Section 2, 2°, of the Act is repealed.
CHAPTER 7. - Amendment of the Royal Decree of 23 March 2007 implementing articles 7 and 9 of the Act of 20 July 2006 establishing the Judicial Modernization Commission and the General Council of the Partners of the Judicial Order
Art. 39. The Royal Decree of 23 March 2007 implementing sections 7 and 9 of the Act of 20 July 2006 establishing the Judicial Modernization Commission and the General Council of Partners of the Judicial Order is repealed.
CHAPTER 8. - Transitional provision
Art. 40. Probation commissions that are established before the law of 1 comes into forceer December 2013 reforming the judicial districts and amending the Judicial Code with a view to strengthening the mobility of members of the judiciary, retain their competence for the division that succeeds the court of first instance until the probation commission is renewed. The valid acts remain valid in the new structure of the court.
CHAPTER 9. - Entry into force
Art. 41. This article and articles 1er and 22 come into force on the day of the publication of this Act to the Belgian Monitor.
Articles 23 and 40 produce their effects on 1er April 2014.
Articles 2, 3, 6, 7 and 11 to 21 come into force on 1er September 2014.
Section 39 comes into force on 1er July 2014.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 12 May 2014.
PHILIPPE
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
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: 3 April 2014.
Senate:
(www.senate.be)
Project not referred to by the Senate.