Posted the: 2014-01-24 Numac: 2014009017 FEDERAL JUSTICE PUBLIC SERVICE October 24, 2013. -Act to amend the provisions of the Judicial Code relating to the rectification of material errors or repair of omissions in judicial decisions as well as to the interpretation of judicial decisions (1) PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1.
This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. in part IV, book II, title II, chapter II, of the Judicial Code, the title of section 9 is replaced by the following: "Section 9. Interpretation and rectification of the judicial decision and the failure of a head of claim repair".
S. 3. article 793 of the Code is supplemented by a new paragraph, as follows: "the judge may interpret an obscure decision or ambiguous without however extend, restrict, or modify the rights she has dedicated."
4 section 794 of the Code is replaced by the following: 'article 794. the errors and material omissions that affect a decision, even entered into force of res judicata, may still be corrected by the Court which rendered or to which it is deferred without, however, that can be extended, restricted or modified the rights that this decision has devoted.
Similarly, the judge can correct errors and material omissions that affect a decision, even past in force of res judicata without, however, that can be extended, restricted or modified the rights that this decision has devoted. The elements of the rectification shall be included in the text of the decision to rectify."
S. 5. an article 794/1, as follows shall be inserted in the same Code: "art. 794/1. The Court which failed to rule on a head of claim may also repair this omission in its decision without prejudice to res judicata on the other counts, under the rules laid down in article 748bis and without however can be extended, restricted or modified rights it has dedicated.
The application must be submitted one year later after the decision is passed in res judicata."
S. 6a article 795 of the Code, the following changes are made: 1 ° "interpretation or correction" shall be replaced by the words "interpretation, rectification or repair for the omission of a head of claim";
2 ° "to read or correct decision" shall be replaced by the words "decision to interpret, correct or repair, or before the Court that the decision is referred".
S. 7. article 796 of the same Code is replaced by the following: 'article 796. the judge is seized by contradictory motion referred to in articles 1034bis to 1034sexies or joint in accordance with article 706 motion.
The request may be made only where the decision has not been the subject of interpretation, rectification or repair an omission."
S. 8. in article 797 of the same Code, the word "not" is repealed.
9. article 799 of the Code is replaced by the following: 'article 799. the judge cannot rectify a decision or ruling on the failure of a head of claim that where the decision has not been undertaken."
S. 10A article 800 of the Code, the following changes are made: 1 ° in the paragraph 1, the words "interpretation or amendment on the margins of the decision interpreted or corrected" are replaced by the words "interpretative, amending or acting on the failure of a head of claim in the margins of the original decision ';
2 ° in paragraph 2, the words "interpreted or corrected" shall be replaced by the word "initial";
3 ° in paragraph 2, the words "or amendment" shall be replaced by the words ', amendment or acting on the failure of a head of claim ".
S. 11. in Section 801 of the Code as amended by the Act of 24 June 1970 the words "or for correction" are replaced by the words ", for rectification or to see rule on the failure of a head of claim".
S. 12. in the same Code, it is inserted an article 801/1, between article 801 and section 801bis, as follows: "Art 801/1. If the corrected decision is passed into res judicata, amending decision cannot be challenged through the appeal in cassation."
S. 13A article 801bis, paragraph 3, of the same Code, inserted by Act of 10 May 2007, the "801" is replaced by the figure ' 801/1 ".
S. 14. in article 1043, paragraph 2, of the same Code, the "801" is replaced by the figure ' 801/1 ".
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels, 24 October 2013.
PHILIPPE by the King: the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Mrs.
TURTELBOOM _ Note (1) (H.E. 2010) House of representatives: Parliamentary papers: Mr. Brotcorne Bill, no. 53 0050/001. -Notice of the State Council, no. 53 0050/002. -Opinion of the High Council of Justice, no. 53 0050/003. -Amendments Nos. 53 0050/004 and 005. -Report, no. 53 0050/006. -Text adopted by the commission (article 78 of the Constitution), no. 53 0050/007. -Text adopted by the commission (article 77 of the Constitution), no. 53 0050/008. -Text adopted in plenary plenary and transmitted to the Senate, no. 53 0050/009.
See also: full report: May 16, 2013.
See also: Session 2012-2013.
House of representatives: parliamentary Documents text adopted in plenary plenary and transmitted to the Senate, no. 53 2815/001.
Full report: May 16, 2013.
Senate: Parliamentary Documents: project referred to by the Senate, no. 5-2091/1. -Amendments, no. 5-2091/2. -Report, n ° 5-2091/3. -Text amended by the commission, no. 5-2091/4. -Text amended by the Senate and returned to the House of representatives, no 5 - 2091/5.
See also: annals of the Senate: June 27, 2013.
House of representatives: 2010 Session.
Parliamentary documentation: draft amended by the Senate, no. 53 0050/010.
-Text corrected by the commission, no. 53 0050/011.
See also: full report: 9 and 10 October 2013.