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Act Amending Various Provisions Act Of April 25, 2007 (Iv) (1)

Original Language Title: Loi portant modification de la loi portant dispositions diverses du 25 avril 2007 (IV) (1)

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belgiquelex.be - Carrefour Bank of Legislation

15 JANVIER 2014. - An Act to amend the Act to amend the Act to amend the Act and to amend the Act to amend the Act and to amend the Act to amend the Act and to amend the Act and to amend the Act to amend the Act and to amend the Act and to amend the Act with the provisions of the Act.



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. Section 74 of the Act of 25 April 2007 on various provisions (IV) is replaced by the following:
"Art. 74. § 1er. This declaration is received by notary, under penalty of nullity, and contains the detailed description of the building property and the indication of the inherent, common or indivisible nature of the real rights that the independent worker holds on the building.
In the presence of indivisible real rights, the effect of the declaration is limited to the undivided part of which the independent worker has on the date of the act. The same is true in case of split between usufruit and nue-property. If the real rights on the same building are extended later, the effects of the declaration are extended in full and retroactive manner to newly acquired rights, unless the creditor demonstrates that the declarant deliberately reduced his creditworthiness.
Common real rights can be declared elusive for the whole from the beginning.
§ 2. The notary may only receive the declaration after receiving the agreement of the spouse of the independent worker.
If the spouse, whose agreement is required, refuses it without serious grounds, or if the spouse is presumed absent, prohibited or unable to demonstrate his or her will, the other spouse may be authorized by the court of first instance and, in the event of an emergency, by the president of that court under the provisions of Article 215 of the Civil Code, to make the declaration without that agreement.
§ 3. If both spouses have the status of independent within the meaning of the law, they can make their statements in the same act."
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 15 January 2014.
PHILIPPE
By the King:
Minister of Average Classes, EMPs and Independents,
Mrs. S. LARUELLE
The Minister of Justice,
Ms. A. TURTELBBOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
House of Representatives
(www.lachambre.be)
Documents: 53-172 - 3074.
Full report: 5 December 2013.
Senate
(www.senate.be)
Documents: 5-132 - 5-2383.
Anals of the Senate: December 17, 2013.