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11 JULY 2013. - An Act to amend the Civil Code with respect to security rights and to repeal various provisions in this matter (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1^er. - General provision
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER 2. - Provisions relating to security rights
Art. 2. In Book III of the Civil Code, title XVII is replaced by the following: "Resident security rights".
Art. 3. Section 2071, as amended by the Act of 18 March 1999, and section 2072 of the Civil Code are repealed.
Art. 4. In the same title, the title of Chapter 1^er is replaced by the following: "Gage".
Art. 5. In the same chapter 1^er, it is inserted a section 1^re containing articles 2073 and 2074 entitled "General".
Art. 6. In section 1^re inserted by section 5, section 2073 is replaced by section 1^er as follows:
“Article 1^er. Finality
The pledge gives the creditor the right to be paid on the assets that are subject to it, preferably to the other creditors. »
Art. 7. In the same section 1^re, Article 2074, as amended by Royal Decree 1^er June 2000 is replaced by section 2 as follows:
“Art. 2. Constitution
Subject to Article 4, paragraph 2, the pledge shall be constituted by the agreement between the grantor and the creditor. »
Art. 8. In the same section 1^re, section 2075, replaced by the Act of 12 December 1996, is replaced by section 3 as follows:
“Art. 3. Representation
A pledge agreement concluded by a representative acting on behalf of one or more beneficiaries is valid and enforceable to third parties when the identity of the beneficiaries is determined by the agreement. All rights deriv from them benefit from the heritage of these beneficiaries.
The representative may exercise all the rights normally returned to the creditor. It is, unless otherwise agreed, liable in solidarity with the beneficiary. »
Art. 9. In the same section 1^re, section 2076 is replaced by section 4 as follows:
“Art. 4. Evidence
The pledge is proved by a writing containing the precise designation of the encumbered assets of the pledge, secured claims and the maximum amount to which claims are guaranteed.
If the gage constituent is a consumer within the meaning of Article 2, 3°, of the Act of 6 April 2010 on market practices and consumer protection, the validity of the agreement requires that a writing be written, as the case may be, in accordance with the requirements of Article 1325 or Article 1326.
The writing referred to in paragraph 2 refers, for the purposes of section 7, paragraph 4, to the value of the leased property or property leased. »
Art. 10. In the same section 1^re, section 2077 is replaced by section 5 as follows:
“Art. 5. Tiers-constituent of gage
The pledge may be made by a third party for the debtor.
Unless otherwise agreed, if for the same receivable, both the debtor's assets and the property of a third party are pledged, the third party-constituent of the pledge may require that the debtor's assets be realized first. »
Art. 11. In the same section 1^re, section 2078 is replaced by section 6 as follows:
“Art. 6. Power of the pledge component
The pledge is only valid if the pledge constituent has the power to hire the goods.
If the grantor does not have that power, the secured creditor nevertheless acquires a pledge if, at the time of the conclusion of the agreement, it could reasonably assume that the pledge grantor had the power to pledge. »
Art. 12. In the same section 1^re, section 2079 is replaced by section 7 as follows:
“Art. 7. Subject
The purpose of the pledge may be a tangible or intangible property or a specified set of such property.
Except as a restrictive provision in the pledge agreement, the purpose of a trade fund includes all the goods that make up the trade fund.
Except as a restrictive provision in the pledge agreement, the purpose of which is a farm includes all the goods that are used for operation.
If the gage constituent is a consumer within the meaning of Article 2, 3°, of the Act of 6 April 2010 on market practices and consumer protection, the value of the gaged property or of the gaged goods cannot exceed the double of the extent of the gage as set out in Article 12.
Only assets that are subject to law may be pledged.
The provisions of this Chapter shall apply to gages of intellectual property rights only to the extent that they are not incompatible with other provisions specifically governing such gages. »
Art. 13. In the same section 1^re, section 2080 is replaced by section 8 as follows:
“Art. 8. Future assets
The pledge may be for future property. »
Art. 14. In the same section 1^re, section 2081 is replaced by section 9 as follows:
“Art. 9. Actual
The pledge extends to all receivables that replace the encumbered assets, including receivables resulting from the assignment of the encumbered assets, as well as receivables for loss, damage or decrease in the value of the encumbered property.
Unless otherwise agreed, the pledge extends to fruit produced by the encumbered goods.
The pledge component and, where applicable, the creditor shall be required to report to the other party. »
Art. 15. In the same section 1^re, section 2082 is replaced by section 10 as follows:
“Art. 10. Guaranteed
A pledge may be made for security of one or more existing or future receivables if secured claims are determined or determinable.
The pledge agreement refers to the maximum amount to which claims are guaranteed. »
Art. 16. In the same section 1^re, section 2083 is replaced by section 11 as follows:
“Art. 11. Duration
The pledge agreement may be concluded for a specified or indeterminate duration.
If the agreement is concluded for an indefinite period, the pledge grantor may terminate it with a minimum notice of three months and not more than six months.
Unless otherwise agreed, when the pledge agreement is terminated by the expiration of the term or by notice, the pledge extends only to the guarantee of claims that exist at the time the contract ends. »
Art. 17. In the same section 1^re, section 2084 is replaced by section 12 as follows:
“Art. 12. Etendue
The pledge extends, within the agreed amount, to the principal of the secured receivable and to accessories such as interest, criminal clause and enforcement costs.
If the gage constituent is a consumer within the meaning of Article 2, 3°, of the Act of 6 April 2010 on market practices and consumer protection, these accessories may not be greater than 50% of the principal. »
Art. 18. In the same section 1^re, an article 13 is inserted as follows:
“Art. 13. Indivisibility
The pledge is indivisible notwithstanding the divisibility of the debt between universal rights holders or as a universal debtor or creditor.
Having universal or universal right to the debtor, who has paid his portion of the debt, cannot claim the return of his portion in the pledge until the debt is fully paid.
Reciprocally, having universal or universal right of the creditor, who has received his portion of the debt, cannot give the pledge to the prejudice of those of its universal or universal right co-holders who have not been paid. »
Art. 19. In the same section 1^rean article 14 is inserted as follows:
“Art. 14. Commitment
The creditor has no right to hire the property. »
Art. 20. In the same section 1^rean article 15 is inserted as follows:
“Art. 15. Opposability
The pledge shall be enforceable to third parties by registering in the register of gages carried out in accordance with section 29, paragraph 1^er.
The incorrect identification of the component of the gage deprives of effect the registration unless a search in the register from the correct identification element allows to regain the registration, without prejudice to section 29, paragraph 2.
The incorrect identification of the secured creditor or his or her representative or the incorrect designation of the encumbered assets of the pledge deprive the registration of the property unless they mislead a reasonable person conducting a search, without prejudice to section 29, paragraph 2.
The incorrect designation of secured claims or the maximum amount to which they are guaranteed does not deprive registration of effect, without prejudice to Article 29, paragraph 2.
The row of the gage is determined by the chronological order of its recording.
The King sets out the terms and conditions for the application of this article. »
Art. 21. In the same section 1^rean article 16 is inserted as follows:
“Art. 16. Obligations of the pledge component
The pledge component shall ensure that the encumbered assets are encumbered as a good constituent.
The creditor has the right to inspect the encumbered assets at any time. »
Art. 22. In the same section 1^rean article 17 is inserted as follows:
“Art. 17. Right of use
The pledge grantor has the right to make reasonable use of the goods given in pledges in accordance with their destination. »
Art. 23. In the same section 1^rean article 18 is inserted as follows:
“Art. 18. Transformation
Unless otherwise agreed, if the pledge relates to goods intended to be processed, the pledge grantor is entitled to make such a transformation.
If a new property arises from this authorized transformation, the pledge strikes this newly created property, unless otherwise agreed. In the event of unauthorized transformation, sections 570 and following are applicable.
If third-party property is used for processing and if the separation of such property is impossible or economically unjustified, the pledge shall strike that newly created property if that property is the principal property within the meaning of section 567 or, if so, if that property is the property of the greatest value. In this case, the third party has an undue enrichment appeal against the gagiste creditor. »
Art. 24. In the same section 1^rean article 19 is inserted as follows:
“Art. 19. Immobilization
The immobilization of encumbered assets does not affect the right of the secured creditor to be paid preferably on the proceeds of these assets. »
Art. 25. In the same section 1^re, an article 20 is inserted as follows:
"Art. 20. Confusion
The confusion of fungible goods that are encumbered in whole or in part by one or more components does not affect the pledge.
If there are several Gagistic creditors, they can avail themselves of their pledges on the assets consummated in proportion to their rights. »
Art. 26. In the same section 1^rean article 21 is inserted as follows:
“Art. 21. Rule
Unless otherwise agreed, the pledge grantor may freely dispose of the encumbered assets in the normal course of his business. »
Art. 27. In the same section 1^re, an article 22 is inserted as follows:
“Art. 22. Sanction
The clause under which the secured creditor may be given all or part of the encumbered assets on his or her application is deemed to be unwritten.
If the pledge grantor is seriously in breach of his or her obligations, the judge may, upon request of the creditor, order that the encumbered assets be handed over to him or placed under judicial sequestration.
The fraudulent disposition or fraudulent displacement of encumbered property is punishable under section 491 of the Criminal Code. »
Art. 28. In the same section 1^rean article 23 is inserted as follows:
“Art. 23. Gage transmission
The assignment of the secured receivable leads to the transmission of the pledge.
This transmission is opposable to third parties by registering the leases or by assigning the possession of the encumbered property to the assignee.
The secured receivable may be partially disposed of, in which case the transfer of the pledge takes place proportionally to the extent of the assignment of the receivable. »
Art. 29. In the same section 1^re, an article 24 is inserted as follows:
“Art. 24. Disposition of encumbered property
The pledge follows the goods encumbered in a few hands they pass. The assignee acts as a constituent from the moment of the assignment.
Paragraph 1^er is not an application if the pledge grantor was authorized to dispose of the encumbered assets in accordance with section 21, if the disposition had been authorized by the gagiste creditor or if the purchaser may avail himself of section 2279. »
Art. 30. In the same section 1^rean article 25 is inserted as follows:
“Art. 25. Lockers
The registration in the Gages Register excludes the application of section 2279 with respect to persons who have been the subject of the Gage Constituent who act as part of their professional activity. »
Art. 31. In the same chapter 1^er Inserted by section 3, a section 2 entitled "Advertising".
Art. 32. In section 2 inserted by section 31, an article 26 is inserted as follows:
“Art. 26. Gages register
The registration of a gage is carried out in the National Gages Register, known as the Gages Register, which is maintained at the General Administration of the Federal Public Service Heritage Documentation.
The Gages Registry is a computerized system for the registration and consultation of gages, as well as the modification, renewal or deletion of the gages recording.
The King regulates the operation of the gages register.
The Mortgage Service referred to in paragraph 1^er is the person responsible for processing within the meaning of the Privacy Protection Act of 8 December 1992 in respect of personal data processing and is responsible for the application of the provisions of this Act. »
Art. 33. In the same section 2, an article 27 is inserted as follows:
“Art. 27. Authentication
Each registration, consultation, modification, renewal or removal of registered pledges requires authentication of the user of the gages register.
The King shall determine, after the opinion of the Commission on the Protection of Privacy, the modalities of this authentication. »
Art. 34. In the same section 2, an article 28 is inserted as follows:
“Art. 28. Fees
The registration, consultation, modification, renewal and deletion of data may each give rise to the payment of a royalty whose amount is fixed by the King.
The consultation of the Gages Registry is free for the gage constituent and for the categories of persons or institutions determined by the King after the advice of the Privacy Commission. »
Art. 35. In the same section 2, an article 29 is inserted as follows:
“Art. 29. Registration
The gagiste creditor is empowered under the pledge agreement to register its pledge by registering in the gages register the data referred to in Article 30 as these are in the writing referred to in Article 4, in accordance with the terms fixed by the King after notice of the Privacy Commission.
The gagiste creditor answers any damage that would result from the registration of incorrect data.
The creditor shall inform in writing the grantor of the pledge of the registration. »
Art. 36. In the same section 2, an article 30 is inserted as follows:
"Art. 30. Data to be mentioned
The registration of a pledge includes the following data:
1 the identity of the creditor or the representative;
2° the identity of the gage component;
3° the designation of the encumbered goods of the pledge;
4° the designation of secured claims;
5° the maximum amount to which claims are guaranteed;
6° the secured creditor's statement that he is responsible for any damage that would result from the registration of incorrect data. »
Art. 37. In the same section 2, an article 31 is inserted as follows:
“Art. 31. Consultation
The following data can be consulted about a recorded pledge:
1° the registration number;
2° the identity of the creditor or the representative;
3° the identity of the gage component;
4° the designation of the encumbered goods of the pledge;
5° the designation of secured claims;
6° the maximum amount to which claims are guaranteed;
7° the secured creditor's statement that he is responsible for any damage that would result from the registration of incorrect data;
8° the date of registration. »
Art. 38. In the same section 2, an article 32 is inserted as follows:
“Art. 32. Amendment
In the event of an amendment to the pledge agreement or in the event of an incorrect data, the gagiste creditor is authorized to modify the recorded data, in accordance with the agreement and the terms fixed by the King after notice of the Privacy Commission.
In the event of an amendment, the registry mentions both the original registration and the modification.
The gagiste creditor shall notify the grantor in writing of the modification of the registration. »
Art. 39. In the same section 2, an article 33 is inserted as follows:
“Art. 33. Error data
The pledge grantor has the right to request the creditor gagiste to delete or modify the wrong data.
In the event of disagreement, the gage grantor addresses his request to the Mortgage Service, which checks the accuracy of the data without charge after having collected the notice of the gagiste creditor. »
Art. 40. In the same section 2, an article 34 is inserted as follows:
“Art. 34. Access to the registry
Access to the registry:
- the gage constituent and the gagiste creditor;
- categories of persons or institutions determined by the King after the advice of the Privacy Commission.
The terms of this access are determined by the King after the advice of the Privacy Commission. »
Art. 41. In the same section 2, an article 35 is inserted as follows:
“Art. 35. Duration
Gage registration expires after 10 years. From that moment on, the pledge ceases to be consulted in the register of gages.
However, this period may be renewed for successive periods of ten years.
The renewal shall be effected by a registration in the register before the expiry of the ten-year period and in accordance with the terms fixed by the King after notice of the Privacy Commission.
The creditor shall notify the grantor in writing of the renewal of the registration. »
Art. 42. In the same section 2, an article 36 is inserted as follows:
“Art. 36. Radiation of registration
The creditor has the obligation, in the event of payment of the debt, to ensure that the registration of the pledge is removed.
The gagiste creditor and the gage grantor may agree to request at any time the cancellation of the gage record at the Mortgage Service.
÷ lack of agreement, delisting is sought judicially, without prejudice to any damages and interests. »
Art. 43. In the same section 2, an article 37 is inserted as follows:
“Art. 37. Debt loss
The registration of the assignment of the pledge in the event of the assignment of the secured receivable shall be carried out in accordance with the terms fixed by the King after notice of the Privacy Commission. Until then, the registration continues to produce its effects in accordance with the assignor's registration.
The registration of the assignment refers to the identity of the assignee.
The transferor must register the assignment. »
Art. 44. In the same section 2, an article 38 is inserted as follows:
“Art. 38. Rankings
An assignment of rank is only enforceable to third parties by registration in accordance with the terms fixed by the King after the advice of the Privacy Commission. »
Art. 45. In the same chapter 1^er, it is inserted a section 3 entitled "Opposability by dispossession of tangible property".
Art. 46. In section 3 inserted by section 45, an article 39 is inserted as follows:
“Art. 39. Possession
The pledge of a tangible property is also enforceable to third parties when the property is placed in the material possession of the creditor or an agreed third party. »
Art. 47. In the same section 3, an article 40 is inserted as follows:
“Art. 40. Evidence
The pledge agreement may be established by any means of law.
If the gage constituent is a consumer within the meaning of Article 2, 3°, of the Act of 6 April 2010 on market practices and consumer protection, it is required that the agreement be proved that a written document is written, as the case may be, in accordance with the requirements of Article 1325 or Article 1326. »
Art. 48. In the same section 3, an article 41 is inserted as follows:
"Art. 41. Consequences
Until the completion of the pledge, the grantor remains the owner of the pledge, which is, in the hands of the creditor, only a deposit in guarantee of his pledge. »
Art. 49. In the same section 3, an article 42 is inserted as follows:
“Art. 42. Right of use
The secured creditor cannot make use of encumbered assets unless and to the extent necessary for their conservation. »
Art. 50. In the same section 3, an article 43 is inserted as follows:
“Art. 43. Obligations of the secured creditor
The secured creditor must ensure the encumbered assets of the pledge in good creditor.
The secured creditor shall, in accordance with the rules established under "Conventions or Conventional Obligations in General", meet the loss or deterioration of the pledge that would have occurred by its negligence.
The fees paid by the secured creditor, which are relevant to the conservation and maintenance, including the charges attached to the property, must be reimbursed by the pledge grantor.
The gage component is authorized to inspect the property at any time. »
Art. 51. In the same section 3, an article 44 is inserted as follows:
“Art. 44. Separation requirements
Unless otherwise agreed, where the purpose of the pledge is gender, the secured creditor or the agreed third party must keep them separate from things of the same nature.
If the assets have been confused, the creditor shall, at the expiry of the pledge agreement, return the same amount of things to the pledge grantor.
After a seizure, bankruptcy or other competitive situation affecting the assets of the secured creditor or of the agreed third party, the pledge grantor may exercise his or her rights to separate property. If the property has been confused, the property present at that time shall be deemed to be the encumbered property of the pledge up to the encumbered amount of the pledge. If there are a number of pledges, they may assert their claims on the property consummated in proportion to their rights. »
Art. 52. In the same section 3, an article 45 is inserted as follows:
“Art. 45. Sanction
Unless the secured creditor or the agreed third party seriously fails to comply with its obligations, the pledge grantor may not claim the restitution of the leased property until after having fully paid, both as principal and as accessories, the security debt for which the pledge was given. »
Art. 53. In the same chapter 1^er, it is inserted a section 4 entitled "Implementation".
Art. 54. In section 4 inserted by section 52, an article 46 is inserted as follows:
“Art. 46. Constituent consumer
If the gage constituent is a consumer within the meaning of Article 2, 3°, of the Act of April 6, 2010 on market practices and consumer protection, the gagiste creditor may not, failing payment, have the gage; except to make him order in court that this pledge will remain in pay and until due competition, based on an estimate made by experts, or that it will be auctioned or voluntarily.
The gagiste creditor does not have the right to be a buyer in the event of a voluntary sale.
Any clause that would allow the secured creditor to appropriate or dispose of the pledge without the above formalities is void.
Sections 50 and 55 apply. »
Art. 55. In the same section 4, an article 47 is inserted as follows:
“Art. 47. Non-consumer
If the gage constituent is not a consumer within the meaning of section 2, 3°, of the Act of 6 April 2010 relating to market practices and consumer protection, the gagiste creditor may, failing to pay, exercise its gage in accordance with sections 48 to 56, by selling or renting all or part of the encumbered goods of the gage in order to clear the secured debt.
After default of the debtor, the secured creditor is entitled to the possession of the encumbered property of the pledge. If the grantor of the pledge or any person in possession of the encumbered property oppose it, the creditor shall bring the judge in accordance with section 54.
Achievement must be carried out in good faith and economically justified.
The secured creditor cannot restrict or exclude its liability in this regard.
The burden of proof of a breach of the gagiste creditor rests on the pledge grantor.
Parties may agree on the method of implementation at the time of the conclusion of the pledge agreement or later. »
Art. 56. In the same section 4, an article 48 is inserted as follows:
“Art. 48. Notification
The creditor who wishes to proceed with the realization is required to notify the debtor at least ten days in advance by registered mail and, where applicable, the third-party guaranteeor.
The notification must also be made to other creditors and to those who have seized the encumbered assets.
The notification refers to the amount of the secured receivable at the time of such notification, a description of the encumbered assets, the intended method of realization and the right of the debtor or pledge grantor to release the assets by clearing the secured debt. »
Art. 57. In the same section 4, an article 49 is inserted as follows:
“Art. 49. Perishable property
The notice period provided for in Article 48, paragraph 1^er, is reduced to three days for goods that are perishable or are subject to rapid depreciation. »
Art. 58. In the same section 4, an article 50 is inserted as follows:
"Art. 50. Debt payment
Until the time of the realization, the pledge grantor or any interested third party has the right to obtain the release of the pledge with the payment of the guaranteed debt and the completion costs already exposed. »
Art. 59. In the same section 4, an article 51 is inserted as follows:
“Art. 51. Sale
The gagiste creditor may charge a judicial officer of the public sale or of the voluntary sale or of the rental of the encumbered assets. »
Art. 60. In the same section 4, an article 52 is inserted as follows:
"Art. 52. Sale to the gagiste creditor
The gagiste creditor does not have the right to be a buyer in the event of a voluntary sale. »
Art. 61. In the same section 4, an article 53 is inserted as follows:
“Art. 53. Appropriation by the gagiste creditor
If the debtor is in default of payment, the pledge grantor may authorize the acquisition by the creditor of the encumbered assets of the pledge.
Such a convention may also be concluded at the conclusion of the pledge agreement or at a later date, where the agreement provides that the value of the goods will be determined by an expert on the day of appropriation and, for the goods that are negotiated on a market, by reference to the price of that market. »
Art. 62. In the same section 4, an article 54 is inserted as follows:
“Art. 54. Judicial review
The gagiste creditor, the gage constituent and interested third parties may, at any time, appeal to the judge to make any dispute that may arise in the context of the implementation of the realization.
The action suspends the realization of the pledge.
The case is filed by a summons or by a contradictory request in accordance with articles 1034bis et seq. of the Judicial Code.
The judge decides all things that are boring.
He ruled on the provisional, and his decision did not have the authority of the matter judged.
His decision is not subject to opposition or appeal.
It is notified immediately to the parties by judicial fold. This notification shall delay the filing of a cassation claim. »
Art. 63. In the same section 4, an article 55 is inserted as follows:
"Art. 55. Distribution
The proceeds of the realization shall be charged to the secured debt and reasonable costs of realization.
If there are several Gagistic creditors, the net product is shared between them according to their rank, in accordance with sections 57 and 58.
The potential balance is for the pledge component. »
Art. 64. In the same section 4, an article 56 is inserted as follows:
"Art. 56. Judicial review a posteriori
At the end of the realization, any interested party may appeal to the judge when there is a challenge to the method of realization or the assignment of the product.
The action shall be taken no later than one year from the notification of the termination of the realization, made by the creditor to persons referred to in Article 48, paragraph 1^er and 2.
The notification is made by registered mail.
The case is filed by a summons or by a contradictory request in accordance with articles 1034bis et seq. of the Judicial Code. »
Art. 65. In the same chapter 1^er, it is inserted a section 5 titled "Row conflicts".
Art. 66. In section 5 inserted by section 64, an article 57 is inserted as follows:
"Art. 57. Ageing rule
The secured creditor shall be paid by priority to all creditors on the proceeds of the encumbered assets of the pledge, without prejudice to Articles 21 to 26 of Title XVIII of Book III of this Code. The gagiste creditor enjoys the same right as that recognized to the valet by articles 23 and 25 of the same title.
If there are several gagistic creditors, their order of rank is determined on the date of registration or taking possession.
Gagistic creditors who made the registration or received possession on the same day occupy the same rank.
If the property has become immovable, the order of rank between the creditor and a mortgage or privileged creditor on the immovables is determined by the date of registration and the date of registration of the mortgage or privilege. »
Art. 67. In the same section 5, an article 58 is inserted as follows:
"Art. 58. Superpriority
A pledge based on a right of retention for a debt in the conservation of the thing premiums all gagistic creditors.
Subject to paragraph 1^er, the unpaid seller who has reserved the property, the privileged seller and the privilege of the subcontractor premium the gagistic creditors on these properties. »
Art. 68. In the same chapter 1^er, it is inserted a section 6 entitled "Cash Gage".
Art. 69. In section 6 inserted by section 67, an article 59 is inserted as follows:
"Art. 59. Cash management
If the pledge is made in cash and there has been confusion among the gagiste creditor, the gagiste creditor shall act as the owner, at the expiry of the pledge agreement, to return an equivalent amount of the same currency to the pledge grantor.
Unless otherwise agreed, the gagiste creditor is only required to pay interest after having been put in place.
If the gage component is in default, the gagiste creditor is entitled to make a compensation with the secured claim and must return the balance to the gage grantor. »
Art. 70. In the same chapter 1^er, it is inserted a section 7 entitled "Opposability by dispossession of receivable".
Art. 71. In section 7 inserted by section 70, an article 60 is inserted as follows:
"Art. 60. Condition of possession ("control")
The secured creditor is in possession of a debt due to the conclusion of the pledge agreement, provided that it has the power to notify the debtor of the secured debt.
The pledge is only enforceable against the debtor of the debtor of the leased debt from the time it was notified to him or recognized him.
Articles 1690, § 1^erparagraphs 3 and 4 and 1691 apply. »
Art. 72. In the same section 7, an article 61 is inserted as follows:
"Art. 61. Evidence
The pledge agreement is proved by a writing containing the precise designation of receivables receivable from the pledge and secured claims. The provisions of section 1^re the maximum amount to which claims are guaranteed shall be applicable in the writing.
If the gager is a consumer within the meaning of Article 2, 3°, of the Act of 6 April 2010 on market practices and consumer protection, it is required, in order for the agreement to be proved, that the agreement be written, as the case may be, in accordance with the requirements of Article 1325 or Article 1326, and that it is clearly referred to the maximum amount in which the claims are guaranteed. »
Art. 73. In the same section 7, an article 62 is inserted as follows:
"Art. 62. Trusted security
A security assignment only confers on the assignee a pledge on the assigned receivable. »
Art. 74. In the same section 7, an article 63 is inserted as follows:
"Art. 63. Future accounts
The pledge may be established on one or more future claims, provided that they are determinable. »
Art. 75. In the same section 7, an article 64 is inserted as follows:
"Art. 64. Clause of inceivability or non-insurance
An agreement concluded between the grantor of the pledge and the debtor of the debtor of the debtor and stipulating that the receivable that is the object of the payment of a sum of money is not likely to be disposed or denied is not enforceable to third parties unless they have made third parties accomplices of the violation of the clause. »
Art. 76. In the same section 7, an article 65 is inserted as follows:
"Art. 65. Subject
The pledge extends to the principally secured debt, interest and criminal clause and other accessories. »
Art. 77. In the same section 7, an article 66 is inserted as follows:
"Art. 66. Subtotal
The pledge may be established on a fraction of debt, unless it is indivisible. »
Art. 78. In the same section 7, an article 67 is inserted as follows:
"Art. 67. Right to recovery of the secured creditor
Unless otherwise agreed, the secured creditor is entitled to demand, through judicial and extrajudicial means, the execution of the secured debt. ÷ this regard, the secured creditor may exercise all the other rights of the receivable.
The secured creditor imputes the amounts collected on the secured debt when the secured debt is due and pays the balance to the pledge grantor.
If there are several gagistic creditors, the power provided for in paragraphs 1^er and 2 returns only to the creditor with the highest rank.
If an enforcement or custodial seizure has been carried out on the secured receivable, the third-debiter is required to pay in the hands of the judicial officer, which proceeds in accordance with articles 1627 and following of the Judicial Code.
If the secured creditor is not yet due, the creditor shall pay the amounts collected on a separate bank account open to that effect, with the obligation to pay the balance to the pledge grantor when the secured creditor has been executed. »
Art. 79. In the same section 7, an article 68 is inserted as follows:
"Art. 68. Delivery of goods
If the leased debt is for the purpose of the delivery of goods and if the secured creditor proceeds to its recovery, the pledge shall refer to these assets. »
Art. 80. In the same title, the title of Chapter 2 is replaced by the following: "Reserve of ownership".
Art. 81. In the same chapter 2, section 2085 is replaced by section 69 as follows:
"Art. 69. Written
Furniture goods sold with a clause suspending the transfer of ownership to the full payment of the price may be claimed if the purchaser remains in default of paying the purchase price, provided that this clause has been established in writing at the latest at the time of the issue of the goods.
If the buyer is a consumer within the meaning of Article 2, 3°, of the Act of 6 April 2010 on market practices and consumer protection, the buyer's agreement must appear from the writing.
The right of claim under a reservation of ownership clause may be exercised regardless of the nature of the contract in which it is resumed. »
Art. 82. In the same chapter 2, section 2086 is replaced by section 70 as follows:
"Art. 70. Actual subrogation, transformation and confusion.
Sections 9, 18 and 20 apply. »
Art. 83. In the same chapter 2, section 2087 is replaced by section 71 as follows:
"Art. 71. Immobilization
If the goods sold have become immovable by incorporation, the property reserve is maintained subject to registration in the gages register. »
Art. 84. In the same chapter 2, section 2088 is replaced by section 72 as follows:
"Art. 72. Enrichment ban
The seller imputes the value of the property taken over his debt. If this value exceeds the amount of the receivable, the seller is required to pay the balance to the buyer. »
Art. 85. In the same title XVII, a chapter 3 is inserted, containing articles 2089 to 2091, entitled "Right of detention".
Art. 86. In chapter 3 inserted by section 85, section 2089 is replaced by section 73 as follows:
"Art. 73. Notion
The right of retention confers on the creditor the right to suspend the restitution of a property that has been handed over to him by his debtor or is destined for his debtor as long as his debt to that property is not executed. »
Art. 87. In the same chapter 3, section 2090 is replaced by section 74 as follows:
"Art. 74. Detention
The right of detention shall end as soon as the creditor voluntarily abandons the possession of the property, unless the creditor finds that detention in the same legal report. »
Art. 88. In the same chapter 3, section 2091 is replaced by section 75 as follows:
"Art. 75. Opposability
In the case of tangible property, the right of retention is enforceable against other creditors of the debtor and third parties who have acquired a right on the property after the creditor has obtained the possession of the property.
In the case of tangible property, the right of retention is also enforceable to third parties with an older right, provided that at the time of receipt of the property, the creditor was able to assume that the debtor had the power to subject the property to a right of retention. »
Art. 89. In the same chapter 3, an article 76 is inserted as follows:
"Art. 76. Gage
The right of detention shall give rise to a right of preference of a gagiste creditor as referred to in Article 1^er "
CHAPTER 3. - Other amendments
Art. 90. Article 1798 of the Civil Code, as amended by the Act of 19 February 1990, is supplemented by a paragraph written as follows:
"In the event of disagreement between the subcontractor and the contractor, the contractor may record the amounts due to the Caisse des dépôts et consignations or on an account blocked on behalf of the contractor and the subcontractor to a financial institution. The master of the work shall be held if the principal contractor or subcontractor invites him to do so in writing. »
Art. 91. In Article 20 of Title XVIII of Book III of the Civil Code, 12°, as amended by the Act of 19 February 1990, is replaced by the following:
"12° for five years from the date of the invoice, the debt that the masonry, carpenters, workers, craftsmen and subcontractors employed in the construction of a booth or other works made to the company have against their contracting-entrepreneur for the work that they have done or carried out, on the debt related to the same company that the contracting-entrepreneur has against the master of the owner.
The subcontractor is considered to be an entrepreneur and the contractor as a master of the work with respect to the first subcontractors.
Direct action can no longer be brought after the competition is opened. »
Art. 92. In section 23 of the same title, paragraph 1^er is replaced by the following:
"The valet is preferred to the seller of the furniture object which serves as a pledge, unless he knew, by receiving it, that the price was still due. »
Art. 93. Section 25 of the same title is replaced by the following:
"The privilege of funeral expenses prevails over all other privileges, with the exception of the privilege of court fees, the privilege of fees made after the preservation of the thing, and the privilege of the valet, as it is not awarded by the seller of the object given as a pledge. »
Art. 94. In article 12 of Royal Decree No. 150 of 18 March 1935, coordinating the laws relating to the organization and operation of the Caisse des dépôts et consignations and making amendments under the Act of 31 July 1934, the words "Article 2078 of the Civil Code" are replaced by the words "Article 46 of Title XVII of Book III of the Civil Code".
Art. 95. In Article 13, § 2, 2°, (b), of the Act of 12 July 1976 relating to the repair of certain damages caused to private property by natural calamities, the words "as well as the privilege referred to in Article 20 of the Mortgage Law of 16 December 1851" are replaced by the words "as well as the law of the secured creditor referred to in Article 1^er Title XVII of Book III of the Civil Code".
Art. 96. In section 75, paragraph 2, of the Act of 25 June 1992 on the land insurance contract, the words "Articles 1689 to 1701 and 2075 of the Civil Code" are replaced by the words "Articles 1689 to 1701 of the Civil Code and Article 61 of Title XVII of Book III of the Civil Code".
Art. 97. In Article 7, § 1^er, of the Act of 15 December 2004 on financial security rights with various tax provisions relating to conventions constituting security rights and loans relating to financial instruments, the words "articles 1328 and 2074 of the Civil Code" are replaced by the words "Article 1328 of the Civil Code and Article 61 of Title XVII of Book III of the Civil Code".
In Article 10, § 1^erthe words "in accordance with Article 2075, paragraph 2, of the Civil Code" are replaced by the words "in accordance with Article 60, paragraph 2, of Title XVII of Book III of the Civil Code".
Art. 98. In Article 7, § 1^erthe Act of 3 August 2012 on various measures to facilitate the mobilization of claims in the financial sector, the words "and articles 18 and 20 of the Act of 15 April 1884 on agricultural loans" are repealed.
Art. 99. In section 23, paragraph 3, of the Act of August 3, 2012 on certain forms of collective investment portfolio management, the words "and sections 18 and 20 of the Act of April 15, 1884 on agricultural loans" are repealed.
CHAPTER 4. - Abrogatory provisions
Art. 100. In Title XVIII of Book III of the Civil Code, are repealed:
(a) Article 20, 2°;
(b) Article 20, 3°;
(c) Article 20, 6°, as amended by the Act of 4 July 1972;
(d) Articles 24 and 25 bis.
Art. 101. In section 588 of the Judicial Code, the third is repealed.
Art. 102. In the first book of the Commercial Code, articles 1^er in 10 of Title VI, as amended by the Act of 5 May 1872, are repealed except to the extent necessary for the application of section 11 of the same title.
Art. 103. The Act of 18 November 1862 establishing the warrant system is repealed.
Art. 104. The Agricultural Loans Act of 15 April 1884 is repealed.
Art. 105. In the Act of 25 October 1919 on the pledge of the trade fund, the deposit and pledge of the invoice, as well as the approval and expertise of supplies made directly to consumption, Chapter 1^er articles 1^er 12, is repealed.
Art. 106. In section 101 of the Bankruptcy Act of August 8, 1997, paragraph 2 is repealed.
CHAPTER 5. - Transitional provisions
Art. 107. The creditor who, prior to the coming into force of this Act, has entered a pledge in accordance with the Act of 25 October 1919 on the deposit of the trade fund, the deposit and pledge of the invoice, shall keep its rank if, within twelve months after the coming into force of this Act, he has registered a pledge on the encumbered assets.
A creditor who, prior to the coming into force of this Act, has entered a lien in accordance with the Act of 15 April 1884 on agricultural loans, retains its rank if, within twelve months after the coming into force of this Act, he has registered a pledge on encumbered assets.
Creditors who, prior to the coming into force of this Act, have become holders of a warrant or a cable referred to in the Act of 18 November 1862 establishing the warrant system, shall retain their rights after the coming into force of this Act.
A power of attorney to establish a right of pledge in accordance with the Act of 25 October 1919 on the deposit of the trade fund, the deposit and pledge of the invoice or agricultural privilege in accordance with the Act of 15 April 1884 on agricultural loans also extends to the conclusion of a pledge agreement in accordance with this Act within the limits of the power of attorney.
Art. 108. Section 101 is not applicable to cases pending at the time this Act comes into force.
CHAPTER 6. - Entry into force
Art. 109. This Act comes into force on a date to be determined by the King, but no later than 1^er December 2014.
The King may fix an effective date prior to that referred to in paragraph 1^er for each of its provisions of this Act.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 11 July 2013.
ALBERT
By the King:
The Minister of Justice,
Ms. A. TURTELBOOM
Minister of Finance,
K. GEENS
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2012-2013.
House of Representatives:
Documents. - Bill 53,2463/001. - Amendments, 53 2463/002 to 004. - Report, 53,2463/005. - Text adopted by the Commission, 53 2463/006. - Text adopted in plenary and transmitted to the Senate, 53,2463/007.
Full report. - 10 January 2013.
Senate.
Documents. - Project referred to by the Senate, 5-1922 - No. 1. - Amendments, 5-1922 - n^bones 2 and 3. - Report, 5-1922 - No. 4. - Text amended by the commission, 5-1922 - No. 5. - Text amended by the Senate and referred to the House of Representatives, 5-1922 - No. 6.
Annales of the Senate. - 18 April 2013.
House of Representatives.
Documents. - Project amended by the Senat, 53,2463/008. - Amendments, 53,2463/009 and 010. - Report, 53,2463/011. - Text corrected by the commission, 53 2463/012. - Text adopted in plenary and subject to Royal Assent, 53,2463/013.
Full report. - 29 and 30 May 2013.