Act To Amend The Civil Code As Regards Security And Repealing Various Provisions In This Matter (1)

Original Language Title: Loi modifiant le Code Civil en ce qui concerne les sûretés réelles mobilières et abrogeant diverses dispositions en cette matière (1)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2013009377&caller=list&article_lang=F&row_id=1100&numero=1174&pub_date=2013-08-02&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2013-08-02 Numac: 2013009377 FEDERAL JUSTICE PUBLIC SERVICE July 11, 2013. -Act to amend the Civil Code as regards security and repealing various provisions in this matter (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
CHAPTER 2. -Provisions relating to security art. 2. in Book III of the civil Code, the heading of title XVII is replaced by the following: 'of security.
S. 3. article 2071, amended by the law of March 18, 1999, and section 2072 of the civil Code are hereby repealed.
S. 4. in the same title, the title of Chapter 1 is replaced by the following: 'of the pledge.
S.
5. in the same chapter 1, inserted a section 1 containing the articles 2073 and 2074 entitled "General".
S. 6. in the 1st section inserted by article 5, article 2073 is replaced by article 1 read as follows: "Article 1. Purpose the pledge entitles the secured creditor to be paid on goods that are the subject, in preference to other creditors. » Art.
7. in the same section 1, article 2074, amended by the royal decree of June 1, 2000 is replaced by article 2 read as follows: «art.» 2 constitution subject to article 4, paragraph 2, the pledge is made up by the agreement between the pledgor and the pledgee. » Art. 8. in the same section 1, article 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 against third parties when the identity of the beneficiaries is determinable through the convention. All rights resulting benefit the heritage of these beneficiaries.
The representative may exercise all rights which normally accrue to the secured creditor. It is, except convention contrary, responsible jointly and severally with the recipient. » Art.
9. in the same section 1, section 2076 is replaced by article 4 read as follows: «art.» 4. proof pledging is evidenced by a writing containing the precise description of the encumbered assets of the pledge, secured claims and the maximum amount to competition which claims are guaranteed.
If the pledgor is a consumer within the meaning of article 2, 3 °, of law of April 6, 2010 on the market practices and the protection of the consumer, the validity of the convention requires that a written document be prepared, as appropriate, in accordance with article 1325 or 1326 article.
Writing referred to in paragraph 2 refers, for the purposes of the application of article 7, paragraph 4, the value of the much gagé or pledged property. » Art. 10. in the same section 1, section 2077 is replaced by article 5 worded as follows: «art.» 5 third-component of token pledge may be constituted by a third party for the debtor.
Unless otherwise agreed, if for a same claim, both of the assets of the debtor that property of a third party are given in pledge, the third constituent of the pledge may require that the assets of the debtor are carried out first. » Art. 11. in the same section 1, section 2078 is replaced by article 6 read as follows: «art.» 6 power to the pledgor pledging is valid only if the pledgor has the authority to bind the property.
If the grantor does not have this power, the pledgee acquires nevertheless a pledge if, at the time of the conclusion of the convention, it could reasonably assume that the pledgor had the power pledge. » Art. 12. in the same 1st section article 2079 is replaced by article 7 read as follows: «art.» 7 object the pledge can have designed a well furniture tangible or intangible or a set determined of property of this type.
Unless restrictive in the pledge agreement, the pledge aimed a stock in trade includes all of the properties that make up the goodwill.
Unless restrictive in the pledge agreement, the pledge aimed at a farm includes all of properties that are used to operate.
If the grantor of the pledge is a consumer within the meaning of article 2, 3 °, of the law of April 6, 2010 on market practices and the protection of the consumer, the value of the much gagé or pledged property cannot exceed the double of the extent of the pledge as laid down by article 12.
Only marketable assets under the Act may be given in pledge.
The provisions of this chapter shall apply to guarantees aimed at intellectual property rights only insofar as they are not inconsistent with other provisions specifically governing such guarantees. » Art. 13. in the same section 1, section 2080 is replaced by article 8 as follows: «art.» 8. durable future pledge can be subject of future assets. » Art. 14. in the same section 1, section 2081 is replaced by article 9 as follows: «art.» 9 real subrogation the pledge extends to all claims that override the encumbered assets, including claims arising from the sale thereof as well as compensating a loss, damage or decrease in value of collateral.
Unless agreed otherwise, the pledge extends to the fruits produced by the encumbered assets.
The pledgor and, where appropriate, the pledgee shall report to the other party. » Art. 15. in the same section 1, article 2082 is replaced by article 10 as follows: «art.» 10 secured claim a pledge may be constituted for security of one or more existing debts or future if secured claims are determined or determinable.
The pledge agreement refers to the maximum amount to competition which claims are guaranteed. » Art. 16. in the same section 1, article 2083 is replaced by article 11 as follows: «art.» 11 the pledge agreement can be concluded for a specified or indeterminate period.
If the agreement is concluded for an indefinite period, the pledgor may terminate with a notice of at least three months and six months maximum.
Unless otherwise agreed, when the pledge agreement is terminated by the expiration of the term or notice, the pledge extends only to warranty claims that exist at the time the contract takes end."art. 17. in the same section 1, article 2084 is replaced by article 12 as follows: «art.»
12 scope pledge extends within the limits of the agreed amount, principal of the secured claim and accessories such interests, the Penal clause and implementation costs.
If the pledgor is a consumer within the meaning of article 2, 3 °, of the law of April 6, 2010 on market practices and consumer protection, however these accessories cannot be greater than 50% of the principal. » Art. 18. in the same section 1, inserted a section 13 read as follows: «art.» 13 indivisibility pledge is indivisible notwithstanding the divisibility of the debt between the universal rights holders or universal account of the debtor or those of the creditor.
Entitled universal or on a universal basis of the debtor who has paid its portion of the debt, can seek the return of its portion in the pledge until the debt is fully paid.
Conversely, entitled universal or universal account of the creditor, which received its portion of the debt, cannot deliver the pledge to the detriment of those of his co-assigns universal or universal title which have not been paid. » Art. 19. in the same section 1, it is inserted a section 14 as follows: «art.»
14 re-engagement pledgee doesn't have the right to take the property. » Art. 20. in the same section 1, it is inserted a section 15 as follows: «art.» 15 perfection the pledge is effective against third parties by registration in the register of pledges made in accordance with article 29, paragraph 1.
The misidentification of the pledgor deprives of effect the registration unless a search in the registry from the correct identification element allows to find registration, without prejudice to article 29, paragraph 2.
The misidentification of the pledgee or his representative or the erroneous designation of the collateral from the pledge deny effect registration unless they do not seriously mislead a reasonable person conducting a search, without prejudice to article 29, paragraph 2.
The erroneous designation of secured claims or the maximum amount to the extent which they are guaranteed private no effect the registration, without prejudice to article 29, paragraph 2.
The rank of the pledge is determined by the order of its registration.
The King lays down the procedures for the application of this article. » Art. 21. in the same section 1, it is inserted an article 16 as follows: «art.» 16 obligations of the pledgor the pledgor shall ensure the encumbered assets in good constituting.
The pledgee has the right to inspect the collateral at any time. » Art. 22. in the same section 1, inserted a section 17 as follows: «art.» 17. right of use the pledgor has the right to make reasonable use of property pledged in accordance with their intended purpose.
» Art. 23. in the same section 1, it is inserted a section 18 as follows:

«Art.» 18 processing unless otherwise agreed, if the pledge relates to goods intended for processing, the pledgor is entitled to perform such a transformation.
If something new is born of this authorized transformation, the gage strike this good newly created, unless agreed otherwise. In the event of processing unauthorized, article 570 et seq. shall apply.
If the goods of others are used for processing and separation of these goods is impossible or economically not justified, the gage strike this good newly created if this property is the principal property within the meaning of article 567 or, where applicable, if this property is one whose value is the largest.
In this case, the third party has appealed for enrichment without cause against the pledgee.
» Art. 24. in the same section 1, it is inserted a section 19 as follows: «art.» 19 immobilizer immobilization of the collateral does not affect the right of the secured creditor to be paid by preference on the proceeds of such property. » Art. 25. in the same section 1, it is inserted a section 20 as follows: «art.» 20 confusion the confusion of fungible assets that are encumbered in whole or in part of gage by one or several constituents does not affect the pledge.
If there are several debtors creditors, they may rely on their pledge on property confused proportionally to their rights. » Art.
26. in the same section 1, it is inserted a section 21 read as follows: «art.» 21 provision unless otherwise agreed, the pledgor may freely dispose of the encumbered assets in the ordinary course of its business. » Art. 27. in the same section 1, inserted a section 22 as follows: «art.» 22 penalty clause whereby the pledgee can replace all or part of the collateral on its request is deemed unwritten.
If the pledgor fails seriously in its obligations, the judge may, on request of the pledgee, order that the encumbered assets be delivered or to be placed under court receivership.
The fraudulent disposition or fraudulent removal of the encumbered assets is punishable by the penalties provided for by article 491 of the penal Code. » Art. 28. in the same section 1, it is inserted an article 23 as follows: «art.» 23 transmission of the assignment of the secured claim pledge results in transmission of the pledge.
This transmission is effective against third parties by registration in the register of pledges or by transfer of possession of the encumbered assets of the pledge to the assignee.
The secured claim may be transferred partially, in which case the transmission of the pledge takes place proportionately to the extent of the transfer of the receivable. » Art. 29. in the same section 1, it is inserted an article 24 as follows: «art.» 24 disposition of encumbered assets with a pledge the pledge follows the encumbered assets in a few hands that they pass. The assignee is as from the moment of the transfer.
1 paragraph is not applicable if the grantor of the pledge was empowered to dispose of the encumbered assets in accordance with article 21, if the provision had been authorized by the pledgee or the purchaser may avail itself of article 2279. » Art.
30. in the same section 1, it is inserted a section 25 as follows: «art.» 25 third-time buyers the registration in the register of pledges excludes the application of article 2279 respect successors by particular title of the pledgor who act within the framework of their professional activity. » Art. 31. in the same chapter 1 inserted by article 3, it is inserted a section 2 entitled 'advertising '.
S. 32. in section 2 inserted by section 31, inserted a section 26 as follows: «art.» 26 wages register registration of a pledge is made in the national register of pledges called register of pledges, preserved in the service of the mortgage of the General administration of patrimonial Documentation for the federal public service finance.
The register of pledges is a computerized system for registration and consultation of wages as well as the amendment, renewal or cancellation of the registration of pledges.
The King sets the terms of operation of the register of pledges.
Mortgage service referred to in paragraph 1 is the data controller within the meaning of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data and is responsible for the implementation of the provisions of this Act. » Art. 33. in the same section 2, inserted a section 27 as follows: «art.» 27 authentication each registration, consultation, modification, renewal or deletion of registered pledges requires authentication of the user of the register of pledges.
The King determines, after the opinion of the Committee on the protection of privacy, the terms of this authentication. » Art. 34. in the same section 2, inserted a section 28 as follows: «art.» 28. fresh registration, consultation, modification, renewal and cancellation of data each may give rise to the payment of a fee whose amount shall be fixed by the King.
Consultation of the register of pledges is free to the pledgor and the categories of persons or institutions determined by the King after the opinion of the Committee on the protection of privacy. » Art. 35. in the same section 2, inserted a section 29 as follows: «art.» 29 record the pledgee is entitled under the pledge agreement to save his pledge by entering in the register of pledges the data referred to in article 30 such as these can be found in the document referred to in article 4, in accordance with the procedures laid down by the King after the opinion of the Committee on the protection of privacy.
The pledgee answers for any damage resulting from the inclusion of erroneous data.
The pledgee shall inform in writing the pledgor of the registration. » Art. 36. in the same section 2, inserted a section 30 read as follows: «art.» 30 data to mention the registration of a pledge mentions the following data: 1 ° the identity of the secured creditor or representative;
2 ° the identity of the pledgor;
3 ° the description of the encumbered assets of the pledge;
4 ° the designation of the claims secured;
5 ° the maximum amount to competition which claims are guaranteed;
6 ° the declaration of creditor guaranteed that it is liable for any damage resulting from the inclusion of erroneous data. » Art. 37. in the same section 2, inserted a section 31 worded as follows: «art.» 31 consultation the following data are available about a pledge recorded: 1 ° the registration number;
2 ° the identity of the secured creditor or representative;
3 ° the identity of the pledgor;
(4) the designation of the collateral of the pledge;
5 ° the designation of the claims secured;
6 ° the maximum amount to competition which claims are guaranteed;
7 ° the declaration of creditor guaranteed that it is liable for any damage resulting from the inclusion of incorrect data;
8 ° the date of registration. » Art. 38. in the same section 2, inserted a section 32 as follows: «art.» 32 amendment in case of amendment of the convention of pledge or in case of incorrect data, the pledgee is entitled to modify stored data, in accordance with the convention and the rules laid down by the King after the opinion of the Committee on the protection of privacy.
In case of modification, the register indicates both the original entry that the amendment.
The pledgee shall inform in writing the pledgor of the record. » Art. 39. in the same section 2, inserted a section 33 as follows: «art.» 33 re-posting the pledgor has the right to require of the pledgee the cancellation or modification of erroneous data.
In case of disagreement, the pledgor address his request to the mortgage service, which checks free of charge the accuracy of the data after obtaining the opinion of the pledgee. » Art.
40. in the same section 2, inserted a section 34 as follows: «art.» 34 registry access have access to register:-the pledgor and the creditor secured;
-the categories of persons or institutions determined by the King after the opinion of the Committee on the protection of privacy.
The procedures for this access are determined by the King after the opinion of the Committee on the protection of privacy. » Art. 41. in the same section 2, inserted a section 35 as follows: «art.» 35 the registration of the pledge shall expire after ten years. From that moment, the gage ceases to be available in the register of pledges.
However, this period may be renewed for successive periods of ten years.
Renewal is effected by an entry in the register prior to exigencies of the period of ten years and according to the procedures laid down by the King after the opinion of the Committee on the protection of privacy.
The pledgee shall inform in writing the pledgor of the renewal of the registration. » Art.
42. in the same section 2, inserted a section 36 as follows: «art.» 36 deregistration the pledgee to the requirement, in the case of payment of the debt, to ensure that the registration of the pledge be removed.
The pledgee and the pledgor may by mutual agreement at any time request the cancellation of the registration of the pledge to the service

Mortgages.
÷ failure to agree, the cancellation is requested judicially, without prejudice to any damages. » Art. 43. in the same section 2, inserted a section 37 as follows: «art.» 37 assignment registration of the transfer of the pledge in the event of assignment of the secured claim is carried out according to the procedures laid down by the King after the opinion of the Committee on the protection of privacy. Until that moment, the registration continues to produce its effects in accordance with the registration of the transferor.
Registration of the transfer refers to the identity of the transferee.
Registration of the transfer must be carried out by the transferor. » Art. 44. in the same section 2, inserted a section 38 as follows: «art.» 38 cession of rank a subordination is effective against third parties by registration in the manner established by the King after the opinion of the Committee on the protection of privacy. » Art. 45. in the same chapter 1, inserted a 3 section entitled "opposability by dispossession of tangible property.
S. 46. in section 3 inserted by article 45, inserted a section 39 as follows: «art.» 39 possession the pledge of tangible is also effective against third parties when this property is set in the physical possession of the creditor or an agreed third party. » Art. 47. in the same section 3, it is inserted a section 40 as follows: «art.» 40 evidence the pledge agreement can be established by all legal remedies.
If the pledgor is a consumer within the meaning of article 2, 3 °, of the law of April 6, 2010 on market practices and consumer protection, it is required that the convention be proven that any written or written, as appropriate, in accordance with article 1325 or 1326 article. » Art. 48. in the same section 3, it is inserted a section 41 as follows: «art.» 41 consequences up to the pledge, the grantor remains the owner of the pledge, which is, in the hands of the pledgee, only a deposit as security for his pledge. » Art. 49. in the same section 3, it is inserted a section 42 as follows: «art.» 42. right of use the pledgee cannot make use of the encumbered assets except if and insofar as this is necessary for their preservation.
» Art. 50. in the same section 3, it is inserted a section 43 as follows: «art.» 43 obligations of pledgee the pledgee shall ensure the encumbered assets of the pledge in good pledgee.
The pledgee answers, according to the rules established in the title "Of contracts or conventional obligations in general", the loss or deterioration of the pledge that occurred through negligence.
The fees paid by the pledgee, useful for the conservation and maintenance, including attached by him to the good, must be reimbursed by the pledgor.
The pledgor is entitled to inspect the property at any time. » Art. 51. in the same section 3, it is inserted a section 44 as follows: «art.» 44 duty of separation unless otherwise agreed, when the pledge is designed to sort things, the pledgee or the agreed third party must keep them separated from the things of the same kind.
If goods were confused, the pledgee shall, at the expiration of the pledge agreement, return to the pledgor the same amount of things of the same nature.
After seizure, bankruptcy or any other situation of competition on the heritage of the pledgee or the agreed third party, the pledgor may exercise its rights in the separate assets. If the goods were confused, the present property at this time are deemed be encumbered assets of the pledge for the encumbered quantity of the pledge. If there are several components of pledge, they can assert their claims on assets confused proportionally to their rights. » Art. 52. in the same section 3, it is inserted a section 45 as follows: «art.» 45 penalty unless the pledgee or the agreed third party fails seriously in its obligations, the pledgor may claim restitution of the much gagé only after having fully paid, both in principal that accessories, debt security which the pledge was given. » Art. 53. in the same chapter 1, inserted a section 4 entitled "realization".
S. 54. in section 4 inserted by article 52, it is inserted a section 46 as follows: «art.» 46 constituting consumer if the pledgor is a consumer within the meaning of article 2, 3 °, of the law of April 6, 2010 on market practices and consumer protection, the pledgee cannot, without additional charge, dispose of the pledge; except to him an order to justice that this pledge will remain it in payment and due to competition, according to an estimate by experts, or it will be sold at auction or OTC.
The pledgee does not have the right to stand willing purchaser in gre.
Any clause that would permit the secured creditor to take the pledge or dispose of it without the procedures above, is void.
Articles 50 to 55 shall apply. » Art. 55. in the same section 4, it is inserted a section 47 as follows: «art.» 47. constituting non-user if the grantor of gage is not a consumer within the meaning of article 2, 3 °, of the law of 6 April 2010 on to the practices of market and to the protection of the consumer, the pledgee may, without payment, exert his pledge in accordance with articles 48 to 56, in selling or renting all or part of the collateral from the pledge to pay off the secured claim.
After failure of the debtor, the secured creditor is entitled to the possession of the collateral from the pledge. If the grantor of the pledge or any person in possession of collateral were opposed, the secured creditor must apply to the judge in accordance with article 54.
The implementation shall be carried out in good faith and in an economically justified way.
The pledgee cannot restrict or exclude its liability in this regard.
The burden of proof of a breach of the pledgee is based on the pledgor.
The parties may agree to the means of realisation at the time of the conclusion of the pledge agreement or subsequently.
» Art. 56. in the same section 4, it is inserted a section 48 as follows: «art.» 48 notification the creditor who wishes to proceed with the implementation is required to notify, at least ten days in advance by sending recommended, to the debtor and, where appropriate, to the third-party grantor of pledge.
The notification must also be made to other creditors debtors and those who seized the collateral.
The notification mentions the amount of the debt secured at the time of this notification, a description of the encumbered assets, the expected realization mode and the right of the debtor or the pledgor to release the property in auditing the secured debt. » Art.
57. in the same section 4, it is inserted a section 49 read as follows: «art.» 49. goods perishable the notification period provided for in article 48, paragraph 1, is reduced to three days for goods that are perishable or that are subject to rapid depreciation.
» Art. 58. in the same section 4, it is inserted a section 50 as follows: «art.» 50 payment of the debt until the completion, the constituent of the pledge or any third party has the right to obtain the release of the pledge on payment of secured debt and the realization costs already incurred. » Art. 59. in the same section 4, it is inserted an article 51 as follows: «art.» 51 sale the pledgee may load a bailiff of the public sale or mutual agreement or of the location of the encumbered assets. » Art.
60. in the same section 4, it is inserted a section 52 as follows: «art.» 52 sale to the pledgee the pledgee does not have the right to stand willing purchaser in gre. » Art. 61. in the same section 4, inserted a rule 53 worded as follows: «art.» 53 appropriation by the pledgee if the debtor is in default of payment, the pledgor may authorize the appropriation by the secured creditor of the encumbered assets of the pledge.
Such an agreement may also be reached at the conclusion of the convention guarantee or at a later time, when the convention provides that the value of the goods shall be determined by an expert on the day of the appropriation, and for goods that are traded in a market, by reference to the market price. » Art. 62. in the same section 4, it is inserted a section 54 read as follows: «art.» 54 judicial review the pledgee, the pledgor and third parties may, at any time, take the judge to resolve any dispute that may arise in the context of the implementation of the achievement.
Action suspends the pledge.
The cause is introduced by citation or by query contradictory in accordance with articles 1034bis and following of the Judicial Code.
Judge rules all postpone business.
It shall act by the provisional and its decision has no authority of res judicata.
Its decision is susceptible of opposition or appeal.
It is immediately notified to the parties by judicial fold. This notification shall run the time limit for appeal in cassation. » Art.
63. in the same section 4, it is inserted a section 55 as follows: «art.» 55 distribution proceeds from the realisation is charged on the secured claim and reasonable costs of realization.
Is it

has several secured creditors, the net proceeds are shared between them according to their rank, in accordance with articles 57 and 58.
Any balance returned to the pledgor. » Art. 64. in the same section 4, it is inserted a section 56 read as follows: «art.» 56. judicial review at the end of the performance, any interested party may apply to the judge when there is a dispute on the means of realisation or the assignment of the product.
The action is commenced not later than within a period of one year from the notification of the end of the achievement made by the pledgee to the persons referred to in article 48, paragraphs 1 and 2.
The notification is effected by registered post.
The cause is introduced by citation or by query contradictory in accordance with articles 1034bis and following of the Judicial Code. » Art. 65. in the same chapter 1, inserted a section 5 entitled 'conflicts of rank '.
S. 66. in section 5 inserted by article 64, inserted a section 57 as follows: «art.» 57 grandfathering rule the pledgee is paid by priority to all creditors from the proceeds of the encumbered assets of the pledge, without prejudice to articles 21 to 26 of title XVIII of the book III of this Code. The pledgee has the same right as recognized in the valet by articles 23 and 25 of the same title.
If there are several debtors creditors, their order of rank is determined according to the date of registration or taken into possession.
Secured creditors who have pre-registered or received possession the same day occupy the same rank.
If the pledged goods became real, the order of rank between the pledgee and a mortgagee or on buildings is determined according to the date of registration and the registration of the mortgage or lien. » Art. 67. in the same section 5, it is inserted a section 58 read as follows: «art.» 58 super-priority a pledge based on a right of retention for a debt in conservation of the thing premium all secured creditors.
Under paragraph 1, the unpaid seller who has reserved property, the preferred vendor and the privilege of the subcontractor shall prevail creditors debtors on these goods. » Art. 68. in the same chapter 1, inserted a section 6 entitled "earnest cash.
S.
69. in section 6 inserted by section 67, it is inserted a section 59 as follows: «art.» 59 pledge cash if the pledge is made in cash and that there was confusion among the pledgee, the pledgee is required owner, at the end of the pledge agreement, to restore to the pledgor a amount equivalent the same currency.
Unless otherwise agreed, the secured creditor is required to pay interest only after having been warned.
If the pledgor is in default, the secured creditor is entitled to operate a compensation package with the warranty claim and it shall return the balance to the pledgor. » Art. 70. in the same chapter 1, inserted a section 7 entitled "opposability by dispossession of debt".
S. 71. in section 7 inserted by article 70, inserted a section 60 as follows: «art.» 60 condition of possession ('control') the secured creditor is in possession of a receivable gagea by the conclusion of the pledge agreement, provided that it has the authority to notify the pledge to the debtor of the secured claim.
Pledging is enforceable against the debtor of the receivable gagea unless it has been notified to him or that he has recognized it.
Articles 1690, § 1, paragraphs 3 and 4, and 1691 apply.
» Art. 72. in the same section 7, it is inserted a section 61 as follows: «art.» 61 evidence the pledge agreement is evidenced by a writing containing the precise description of encumbered claims the pledge and secured claims. The reference in the written provisions of the 1st section of the maximum amount up to which debts are guaranteed, are applicable.
If the Pledger is a consumer within the meaning of article 2, 3 °, of the law of April 6, 2010, relative to the practices of market and consumer protection, it is required, for the convention to be proven, that writing is written, as appropriate, in accordance with article 1325 or 1326 article, and make it clearly refers to the maximum amount to competition which claims are guaranteed. » Art. 73. in the same section 7, it is inserted a section 62 as follows: «art.» 62 fiduciary assignment as security an assignment as security only gives the assignee a pledge on the assigned receivable. » Art.
74. in the same section 7, it is inserted a section 63 as follows: «art.» 63 future receivables the pledge may be established on one or more future receivables, provided that they are determinable. » Art. 75. in the same section 7, it is inserted a section 64 as follows: «art.» 64 clause anti-assignment or negative pledge agreement agreement between the pledgor and the debtor of the secured claim and stating that the debt which the payment of a sum of money is not capable of assignment or pledge is not enforceable against third parties unless they went third complicit in the violation of the clause. » Art.
76. in the same section 7, it is inserted a section 65 as follows: «art.» 65 object the pledge extends to the receivable gagea for principal, interest and penalty clause and other accessories.
» Art. 77. in the same section 7, it is inserted a section 66 as follows: «art.» 66 partial pledge the pledge may be established on a fraction of debt, unless it is indivisible. » Art. 78. in the same section 7, it is inserted a section 67 as follows: «art.» 67. right of recovery of the secured creditor shall unless otherwise agreed, the secured creditor is entitled to require, through judicial and extra-judicial, execution of the secured debt. ÷ this connection, the secured creditor may exercise all ancillary rights claim.
The pledgee imputes the amounts charged on the indebtedness secured when it is due and pay the balance to the pledgor.
If there are several debtors creditors, the power provided for in paragraphs 1 and 2 only returns to the pledgee with the highest rank.
If a process or a sequestration has been practiced on the secured debt, the third party debtor shall pay into the hands of the bailiff, which proceeds in accordance with article 1627 et seq. of the Judicial Code.
If the secured claim is not yet payable, the pledgee shall pay the amounts collected on a separate bank account opened for this purpose, with the obligation to pay the balance to the pledgor when the secured claim was executed. » Art. 79. in the same section 7, it is inserted a section 68 as follows: «art.» 68 debt due to delivery of goods if the secured debt is to the delivery of goods and if the pledgee its recovery, the gage refers on these goods. » Art. 80. in the same title, the title of Chapter 2 is replaced by the following: "retention of title".
S. 81. in the same chapter 2, article 2085 is replaced by article 69 as follows: «art.» 69 written of chattels sold with a clause suspending the transfer of property until full payment of the price may be claimed when the purchaser remains in default to pay the purchase price, provided that this clause has been established in writing at the latest at the time of the delivery of the property.
If the buyer is a consumer within the meaning of article 2, 3 °, of the law of April 6, 2010 on market practices and consumer protection, the agreement of the buyer must be written.
The right to claim under a retention of title clause may be exercised regardless of the nature of the contract in which it is taken. » Art. 82. in the same chapter 2, section 2086 is replaced by article 70 as follows: «art.» 70 real subrogation, transformation, and confusion.
Articles 9, 18 and 20 shall apply. » Art. 83. in the same chapter 2, article 2087 is replaced by section 71 worded as follows: «art.» 71 capital if goods sold have become immovable by incorporation, retention of title is kept under condition of registration in the register of pledges. » Art. 84. in the same chapter 2, article 2088 is replaced by article 72 as follows: «art.» 72 prohibition of enrichment the seller charges the value of the trade-in on his claim. If this value exceeds the amount of the claim, the seller is required to pay the balance to the buyer. » Art. 85. in the same title XVII, it is inserted a chapter 3, containing the articles 2089 to 2091, entitled "Right of retention".
S. 86. in Chapter 3 inserted by article 85, article 2089 is replaced by section 73 read as follows: «art.» 73 notion of lien gives the creditor the right to suspend the return of property given to him by his debtor or which is intended for his debtor until its debt relative to this 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 retention shall expire as soon as the creditor voluntarily relinquishes possession of the property, unless the creditor found this detention as part of the same legal relationship. » Art. 88. in the same chapter 3, section 2091 is replaced by article 75 as follows:

«Art.»
75 perfection when it deals with a movable body, Lien is enforceable against other creditors of the debtor and third parties who have acquired a right in the property after the creditor has obtained possession of the property.
When it is a movable body, the right of retention is also enforceable against third parties having a more ancient law, provided that at the time of receipt of the property, the creditor could assume that the debtor had the power to submit this property to a right of retention. » Art. 89. in the same chapter 3, it is inserted a section 76 as follows: «art.» 76 pledge of lien gives rise to a right of preference of pledgee as referred to in article 1'.
CHAPTER 3. -Other amending provisions art. 90 section 1798 of the civil Code, as amended by Act of 19 February 1990, is supplemented by a paragraph as follows: "in case of disagreement between the subcontractor and the contractor, the employer may record the amounts owed to the Caisse des Dépôts et consignations or account blocked on behalf of the contractor and the subcontractor with a financial institution. The employer is required if the prime contractor or subcontractor invites it writing. » Art. 91. in article 20 of title XVIII of the book III of the civil Code, 12 °, amended by the law of 19 February 1990, is replaced by the following: "12 ° for five years from the date of the invoice, the claim that masons, carpenters, labourers, artisans and contractors employed in the construction of a building or other works made at the company were against their party contractor for the work they have carried out or have carried out. on the claim relating to the same enterprise this contractor purchasing against the employer.
The subcontractor is regarded as contractor and the contractor as the employer with respect to own the first subcontractors.
Direct action can no longer be brought after the opening of the competition. » Art. 92. in article 23 of the same title, the 1st paragraph is replaced by the following: "the valet is preferred to the seller of the furniture object that serves as a pledge, unless he didn't knew, by receiving that award was still due."
S. 93. article 25 of the same title is replaced by the following: «the privilege of funeral expenses takes precedence over all other privileges, with the exception of the privilege of the legal costs, the privilege of charges made subsequent to conservation of the thing, and the valet parking privilege, as it is not awarded by the seller of the object pledged»
S. 94. in article 12 of the royal decree No. 150 of 18 March 1935 coordinating laws relating to the Organization and the functioning of the Caisse des Dépôts et consignations and with Amendments Act of July 31, 1934, 'Article 2078 of the civil Code' shall be replaced by the words «article 46 of title XVII of Book III of the Code civil.
S. 95. in article 13, § 2, 2 °, b), of the Act of 12 July 1976 relating to repair some damage to private property by natural disasters, the words "as well as the privilege referred to 3 ° of article 20 of the mortgage of December 16, 1851 Act" are replaced by the words "and the right of the secured creditor referred to in article 1 of title XVII of Book III of the civil Code.
S. 96. in article 75, paragraph 2, of the law of 25 June 1992 on terrestrial insurance contract 'Articles 1689 to 1701 and 2075 of the civil Code' shall be replaced by the words «articles 1689 to 1701 of the civil Code and article 61 of title XVII of Book III of the Code civil».
S. 97. in article 7, § 1 of the law of 15 December 2004 on secured financial and various tax provisions in constituent conventions of security and loans relating to financial instruments, 'articles 1328 and 2074 of the civil Code' shall be replaced by the words "article 1328 civil code and article 61 of title XVII of Book III of the Code civil.
In article 10, § 1, of the Act, the 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.
S. 98. in article 7, § 1, of the law of August 3, 2012 on various measures to facilitate the mobilization of debts in the financial sector, the words 'and articles 18 and 20 of the Act of April 15, 1884, on agricultural loans' are hereby repealed.
S. 99. in article 23, paragraph 3, of the law of August 3, 2012 on certain forms of collective management of investment portfolios, the words 'and articles 18 and 20 of the Act of April 15, 1884, on agricultural loans' are hereby repealed.
CHAPTER 4. -Provisions repealing art.
100. in title XVIII of Book III of the civil Code, are repealed: has) article 20 (2);
(b) article 20, 3 °;
c) article 20, 6 °, as amended by the law of July 4, 1972;
d) articles 24 and 25 bis.
S. 101. in article 588 of the Code of judicial procedure, the 3rd is repealed.
S.
102. in the first book of the Commercial Code, articles 1 to 10 of title VI, as amended by the Act of 5 may 1872, are repealed except to the extent necessary for the application of article 11 of the same title.
S. 103. the Act of 18 November 1862 establishing the system of warrants is repealed.
S. 104. the April 15, 1884 on agricultural loans Act is repealed.
S.
105. in the law of October 25, 1919, on pledging of goodwill, the discount and the pledge of the invoice as well as the approval and expertise of supplies made directly to consumption, Chapter 1 with articles 1 to 12, is repealed.
S.
106. in article 101 of the law of 8 August 1997 on bankruptcy, paragraph 2 is repealed.
CHAPTER 5. -Provisions transitional art. 107. the creditor who, before the entry into force of this Act, included a pledge in accordance with the law of October 25, 1919 on the pawning of the business, discounting and the pledge of the invoice, guard its position if, within twelve months after the entry into force of this Act, he has recorded a lien on the collateral.
The creditor who, before the entry into force of this Act, has registered a privilege under the law of 15 April 1884 on agricultural loans, keeps his rank if, within twelve months after the entry into force of this Act, he has recorded a lien on the collateral.
Creditors who before the entry into force of this Act, have become holders of a warrant or a schedule referred to in the law of 18 November 1862 establishing the system of warrants, keep their rights after the entry into force of this Act.
A proxy in order to constitute a right of pledge in accordance with the law of October 25, 1919 on the pawning of the Fund trade, discounting and the pledge of the invoice or an agricultural lien in accordance with the law 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.
S.
108. article 101 is not applicable to cases pending at the time of the entry into force of this Act.
CHAPTER 6. -Entry into force art. 109. this Act comes into force on a date to be fixed by the King, but no later than December 1, 2014.
The King may set a date of entry into force earlier than referred to in paragraph 1 for each of the provisions of this Act.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given to Brussels, 11 July 2013.
ALBERT by the King: the Minister of Justice, Ms. A. TURTELBOOM. the Minister of finance, K. GARG sealed with the seal of the State: 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 meeting and transmitted to the Senate, 53 2463/007.
Compte rendu intégral. -10 January 2013.
Senate.
Documents.
-Project mentioned by the Senate, 5-1922 - No.1. -Amendments 5-1922 - Nos. 2 and 3. -Report 5-1922 - No. 4. -Text amended by the commission, 5-1922 - No. 5. -Text amended by the Senate and returned to the House of representatives, 5-1922 - No. 6.
Annals of the Senate. -18 April 2013.
House of representatives.
Documents. – Draft amended by the Senate, 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 session 2463/013.
Compte rendu intégral. -29 and may 30, 2013.