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24 OCTOBER 2013. - An Act to amend the provisions of the Judicial Code relating to the rectification of material errors or the repair of omissions in judicial decisions and the interpretation of judicial decisions (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In Part IV, Book II, Part 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 redress of the omission of a head of application".
Art. 3. Article 793 of the same Code is supplemented by a new paragraph, which reads as follows:
"The judge of the seizures may interpret a dark or ambiguous decision without, however, extending, restricting or modifying the rights it has enshrined."
Art. 4. Section 794 of the same Code is replaced by the following:
"Art. 794. The material errors and omissions that affect a decision, even in force of a ruling, may always be rectified by the court that rendered it or by the court to which it is referred without, however, that the rights that this decision has given may be extended, restricted or amended.
The judge of the seizures may, likewise, rectify the material errors and omissions that affect a decision, even if it has been forcibly tried without, however, that the rights that this decision has made may be extended, restricted or modified. The elements of the correction must be included in the text of the decision to be corrected."
Art. 5. Article 794/1, as follows, is inserted in the same Code:
"Art. 794/1. The court that failed to rule on a head of application may also fix this omission in its decision without prejudice to the matter found in respect of the other chiefs, under the rules set out in section 748bis, and without however being extended, restricted or amended the rights it has enshrined.
The application must be submitted no later than one year after the decision has been made in force. "
Art. 6. The following amendments are made to section 795 of the Code:
1° the words "of interpretation or rectification" are replaced by the words "of interpretation, rectification or repair of the omission of a head of request";
2° the words "the decision to interpret or rectify" are replaced by the words "the decision to interpret, rectify or repair, or before the jurisdiction to which the decision is referred".
Art. 7. Section 796 of the same Code is replaced by the following:
"Art. 796. The judge is seized by a contradictory motion referred to in articles 1034bis to 1034sexies or by joint motion in accordance with article 706.
The request may be filed only to the extent that the decision has not been interpreted, corrected or repaired an omission. "
Art. 8. In section 797 of the same Code, the word "ne" is repealed.
Art. 9. Section 799 of the same Code is replaced by the following:
"Art. 799. The judge may not correct a decision or decide on the omission of a head of application until the decision has been made. "
Art. 10. The following amendments are made to section 800 of the Code:
1° in paragraph 1^er, the words "interpretative or rectificative on the margins of the interpreted or corrected decision" are replaced by the words "interpretative, rectificative or ruling on the omission of a head of application on the margins of the original decision";
2° in paragraph 2, the words "interpreted or corrected" are replaced by the word "initial";
3° in paragraph 2, the words "or rectificative" are replaced by the words ", rectificative or ruling on the omission of a head of request".
Art. 11. In article 801 of the same Code as amended by the Act of 24 June 1970, the words "or rectification" are replaced by the words ", in rectification or in order to determine the omission of a head of request".
Art. 12. In the same Code, an article 801/1 is inserted between article 801 and article 801bis, as follows:
"Art 801/1. If the rectified decision has passed into force, the rectificative decision can only be appealed through the cassation appeal. "
Art. 13. In article 801bis, paragraph 3, of the same Code, inserted by law of 10 May 2007, the number "801" is replaced by the number "801/1".
Art. 14. In section 1043, paragraph 2, of the same Code, the number "801" is replaced by the number "801/1".
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, 24 October 2013.
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) (S.E. 2010)
House of Representatives:
Parliamentary documents: Mr. Brotcorne's Bill, No. 53 0050/001. - Opinion of the State Council, No. 53 0050/002. - Opinion of the Superior Council of Justice No. 53 0050/003. - Amendments, n^bones 53 0050/004 and 005. - Report, no. 53 0050/006. - Text adopted by the commission (art. 78 of the Constitution), No. 53 0050/007. - Text adopted by the commission (art. 77 of the Constitution), No. 53 0050/008. - Text adopted in plenary and transmitted to the Senate, No. 53 0050/009.
See also:
Full report: 16 May 2013.
See also:
Session 2012-2013.
House of Representatives:
Parliamentary documents Text adopted in plenary and transmitted to the Senate, No. 53 2815/001.
Full report: 16 May 2013.
Senate:
Parliamentary documents: Draft referred to by the Senate, No. 5-2091/1. - Amendments, No. 5-2091/2. - Report, no. 5-2091/3. - Text amended by the Commission, No. 5-2091/4. - Text amended by the Senate and referred to the House of Representatives, No. 5-2091/5.
See also:
Annales du Senate: June 27, 2013.
House of Representatives:
Session 2010.
Parliamentary Documents: Draft amended by the Senate, No. 53 0050/010. - Text corrected by commission No. 53 0050/011.
See also:
Full report: 9 and 10 octore 2013.