Posted the: 2014-02-03 Numac: 2014011040 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES average and energy January 15, 2014. -Law amending the law on the various provisions of April 25, 2007 (IV) (1) PHILIPPE, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. article 74 of the law of 25 April 2007 laying down various provisions (IV) is replaced by the following: 'article 74 § 1. This statement is received by notary, under penalty of nullity, and contains a detailed description of the immovable property and the indication of its own, joint or undivided rights in rem that the self-employed worker holds on the building.
In the presence of undivided rights in rem, the effect of the declaration is limited to the undivided part available to the self-employed in date of the Act. It is likewise in the case of split between usufruct and bare. If real rights on the same building are extended posteriorly, the effects of the statement are extended right and retroactively to newly acquired rights, unless the creditor demonstrates that the declarant has deliberately reduced its solvency.
Common rights in rem can be declared exempt from seizure for all from the outset.
§ 2. The notary can only receive the declaration only after obtaining the agreement of the spouse of the self-employed worker.
If the spouse, whose agreement is required, refused it without serious reasons, or if this spouse is presumed missing, forbidden or unable to express his will, the other spouse may be allow the Court of first instance and, in an emergency, by the president of the Court under the provisions of article 215 of the civil Code, to make the statement without this agreement.
§ 3. If both spouses are independent within the meaning of the Act, they can make their statements in a single act. "."
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, January 15, 2014.
PHILIPPE by the King: the Minister of the Middle Classes, SMEs and the self-employed, Ms. S. LARUELLE. the Minister of Justice, Ms. A. TURTELBBOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note House of representatives (www.lachambre.be) Documents: 53-172-3074.
Full record: 5 December 2013.
Senate (www.senate.be) Documents: 5-132 - 5-2383.
Anal Senate: December 17, 2013.